The Law Office of Michael Austin StewartThe Law Office of Michael Austin Stewart2024-03-08T08:09:47Zhttps://www.michaelaustinstewart.com/feed/atom/WordPress/wp-content/uploads/sites/1100656/2019/04/cropped-site-identity-1-32x32.jpgOn Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492762024-02-16T05:50:45Z2024-02-23T05:50:24ZBreaking a no-contact order
If you ignore the order and contact the person you are not supposed to contact or go near, you violate the no-contact order. Another term for this is breaking a no-contact order.
While you might think this is not a big deal, it actually is. An order entered by the court is not a suggestion or an ask—it is an order and a rule that people have to follow.
If people do not follow a court’s order, there are consequences. Depending on the violation, it could be fines, time in jail or other punishments. The court especially does not like to see people violating orders because it is disrespectful to the court.
Here’s what you can expect if you break a no-contact order:
Arrest
New charges
Jail time
Fines
Tougher rules
Impact on your case
Whatever case you had before that led to the no-contact order just got worse because you essentially told the court that you thought it was fine to disregard the court’s instructions and rules and that you violated laws.
Difficulties ahead
This can make it much harder for your attorney to represent you because you already have a record of breaking the law and disrespecting the court.
If a court of law issues a no-contact order against you, read every letter in the order and make sure you comply. Take it extremely seriously and if you have questions, ask the court or your attorney.
Understanding the seriousness of this can help you protect your future and prevent any further negative consequences.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492732024-02-01T06:31:15Z2024-02-08T06:30:52ZUnreliable testing methods
Forensic evidence relies on scientific testing, but some methods are prone to inaccuracies. For example, research shows that bite mark analysis is unreliable, inconsistent and often disputed. Other techniques, such as hair analysis, lack standardized practices, raising reliability concerns. You can challenge the validity of forensic evidence by highlighting doubts about the underlying techniques.
Chain of custody issues
Physical evidence is useless if law enforcement breaks the chain of custody. A broken chain of custody means there are gaps in documenting everyone who handled an item, from collection through testing and storage. With no reliable record of custody, mishandling or tampering could contaminate evidence.
Hearsay testimony
Hearsay is a statement made outside of court used to prove the truth. Since the declarant cannot be cross-examined, hearsay is generally prohibited. But sometimes secondhand statements get presented as evidence. For example, a detective testifying that an informant accused the defendant of a crime is improper hearsay.
The more you understand about the rules of evidence, the easier it is to stand up for your rights in court. Evaluate all of the evidence against you before your trial and look for vulnerabilities where you could petition for exclusions.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492712024-01-06T19:34:43Z2024-01-06T19:34:43Z1. Assault in the first degree
Assault in the first degree is the most severe form of assault charge. This offense occurs when there is an intentional and malicious attempt to cause serious physical harm to another person. The severity of the injuries inflicted and the use of weapons can elevate the charge. In 2022, Washington State saw a 37% increase in aggravated assault cases. A conviction may result in significant prison time and hefty fines.
2. Assault in the second degree
Assault in the second degree involves intentional harm that may not be as severe as in the first-degree charge. It includes reckless behavior that causes substantial bodily harm or the use of a deadly weapon. The intent to harm is an important element in this charge. Penalties for a conviction can include imprisonment and fines.
3. Assault in the third degree
Assault in the third degree is the least severe among the three assault charges. It encompasses situations where there is an intent to harm, but the resulting injuries are minor. Recklessness or negligence leading to harm can also fall under this category. Although the penalties are comparatively less severe, a conviction can still lead to jail time and fines.
It is important to note that each assault case is unique, and the outcome depends on various factors, such as the circumstances surrounding the incident and the evidence presented. Given the potential consequences associated with assault charges in Washington, mounting a strong defense is important.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492692023-12-06T15:30:26Z2023-12-06T15:30:26ZDoes the prosecution have a strong case?
Before you make any plea bargain decisions, consider the evidence against you. If the prosecution’s case is weak, you might have a good chance to beat the charges at trial. However, if your chances of winning are slim, a plea deal could help you reduce your time in jail and save the exposure in court.
What are the consequences of a conviction?
As you weigh your plea bargain, consider what you might face after a conviction. That means considering the severity of the charges, the possible fines and the maximum length of incarceration. Compare this to the plea bargain as you make your decision.
Are you prepared to have a criminal record?
One of the most significant consequences of signing a plea deal is the guaranteed criminal conviction on your record. That criminal conviction could make it difficult for you to get work or an apartment later, so prepare for the consequences before you make your decision.
According to the Pew Research Center, an average of 90% of federal criminal cases end with guilty pleas. With so many cases ending with a plea bargain, defendants should understand the significance of choosing to accept a plea. You should assess your case on its own merits as you make the decision that is best suited for you.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492642023-11-15T18:41:26Z2023-11-03T17:58:17Z1. Negative defense
Negative criminal defense is one of the most common approaches. It revolves around challenging the prosecution's evidence and burden of proof. In a negative defense, the accused party asserts that the prosecution did not meet its obligation of proving guilt beyond a reasonable doubt.
This strategy involves asking if the proof that the prosecution shows in court is trustworthy and important. It focuses on the idea that there might not be enough definite evidence to prove that the person did the crime, instead of giving a different story about what happened.
2. Affirmative defense
Affirmative criminal defense, on the other hand, goes beyond refuting the prosecution's case. In this strategy, the accused party takes a more active stance by presenting evidence, witnesses or arguments to support their innocence or a justifiable reason for their actions.
Affirmative defenses are when someone admits they did something wrong but has a good reason for it that the law recognizes. For instance, they might say they acted in self-defense or had to do it to avoid a bigger problem. This means they admit they did the action, but they want the court to say they are not guilty because of certain situations.
3. Procedural defense
Procedural criminal defense focuses on legal technicalities and the defendant's constitutional rights. This strategy emphasizes the importance of adhering to due process and lawful procedures during the investigation, arrest and trial. Any violations of these rights can result in the exclusion of evidence or the dismissal of charges.
Procedural defenses are about problems with how the police or others handled the case. They might have done things like searching or taking things unlawfully, not letting the person stay silent or not letting them talk to a lawyer. The person accused of a crime uses legal rule violations to oppose the charges.
These three criminal defense strategies play a pivotal role in safeguarding the rights of individuals facing criminal charges. Understanding them is important for navigating the criminal justice system and ensuring fairness.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492622023-10-01T02:14:25Z2023-10-01T02:14:25Z1. Financial desperation
At its core, financial need pushes many towards bank robbery. Some face unemployment, debt or the sheer inability to make ends meet, leading them to believe robbing a bank offers a quick solution to their financial woes. The potential for a large cash grab in a short time can seem irresistible to those facing monetary hardships.
2. The thrill
For some, robbing a bank extends beyond the monetary gain. The adrenaline rush, the challenge to outsmart security and the potential for fame motivate them. In these situations, the act itself can become as rewarding as the financial gain, turning the bank heist into a test of wits and courage.
3. Drug addiction
Drug addiction presents another heart-wrenching reason behind some bank robberies. Those ensnared by substance abuse constantly need money to secure more drugs. When personal funds run out, and they have exhausted other money sources, the desperation to avoid withdrawal or to achieve the next high can drive them to extreme actions, like robbing banks.
Addiction can cloud judgment, leading addicts to make impulsive decisions without considering the consequences. For an addict, the immediate need for drugs can eclipse the risks of capture or imprisonment.
4. Peer pressure
An individual's environment and peer group can also sway them towards bank robbery. If someone has grown up in an environment where crime seems normal or belongs to a group that encourages criminal actions, bank robbery might not seem like such a leap.
The motivations for bank robberies remain multifaceted, and these motivations offer a deeper insight into the factors behind this crime.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492602023-08-30T01:29:29Z2023-08-30T01:29:29ZMakes you look untrustworthy
Trust is the foundation of any professional relationship, and a conviction can significantly undermine that foundation. Colleagues, supervisors, clients and business partners may view you differently once they become aware of your criminal record. It could make it more difficult to build business connections or even secure jobs where trust is an essential factor.
Violates ethical standards
Some professions have stringent ethical standards and codes of conduct. A criminal conviction might violate these standards, leading to consequences such as license revocation or disqualification from practicing in your field.
Reduces your employability
Many employers conduct background checks during the hiring process. A criminal conviction could lead potential employers to question your suitability for the role, regardless of your qualifications. This can limit your job prospects and hinder your ability to secure new opportunities.
Hurts the employer's image
Public perception matters in business. Your conviction could become public knowledge, affecting how others perceive you and your employer. If your criminal record creates a public relations hassle, your employer may feel the only answer is to let you go.
A criminal conviction carries the potential to cause significant damage to your professional reputation. It could impact your ability to make a living and make it very difficult to secure employment.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=492222023-07-28T22:13:05Z2023-07-28T22:13:05ZRemain calm
This may seem like common sense, but it can be difficult in the heat of the moment. Keep your voice and mannerisms as calm and rational as possible, even if you are feeling anything but calm. If your ex-spouse wants to start an argument, do your best to avoid it and not argue back.
Choose your location wisely
Your exchange's location is important, particularly if you have a protection order. A neutral location with witnesses present is best.
Follow the parenting plan precisely
This is true anytime but becomes particularly important when a protection order is in place. The court usually provides exchange or visitation orders for couples in a high-conflict divorce. This will help you to avoid a protection order violation.
Communicate openly
Things happen. Make sure to call or contact your ex-spouse if you are late. Not only is this a common courtesy, but it can also help you avoid anger issues.
Call law enforcement if things get out of hand
If the custody exchange turns into harassment, threats of violence or assault, call law enforcement to help. This is true even if you have a protection order against you. Do not let your ex-spouse goad you into violating the order.
Remember that your children are the most important part of a visitation or custody exchange. It will help them if things go as smoothly as possible.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=491812023-06-29T01:34:54Z2023-06-29T01:34:54ZNo-Contact means no contact
Although this should be obvious, you can not contact the person named in the order, either directly or through others. Sending messages through friends and family is still a violation of the order.
Types of no-contact orders
There are different types of no-contact orders. These are domestic violence, sexual assault protection, stalking and antiharassment orders. There are also extreme risk and vulnerable adult or child orders.
Types of violations
There are various ways to violate a no-contact order, but situations can vary:
You must avoid the person with the order against you. The person who has the order against you cannot violate their own order. It is up to you to avoid them even if they call you, invite you to their residence or otherwise communicate with you. If you do, you are in violation and may be subject to arrest or removal.
Your order may come with a distance provision. It is usually within 500 feet of the protected persons but can differ depending on the circumstances. This goes for their home, work, school or any other location the protected person frequents.
You cannot have a firearm while under a no-contact order. If you have one, you must surrender it to law enforcement.
These are not the only provisions that your order might have. You must read and understand the details of your own order to ensure you do not violate it.]]>On Behalf of The Law Office of Michael Austin Stewarthttps://www.michaelaustinstewart.com/?p=491702023-05-23T13:42:27Z2023-05-23T13:42:27Zidentity theft charge can negatively impact various aspects of your life.
Damage to personal reputation
An identity theft charge can significantly damage a person's reputation. The stigma associated with a charge of this nature can result in social ostracization. Family, friends and acquaintances may distance themselves due to the criminal nature of the offense.
Loss of employment opportunities
Employers tend to conduct background checks before hiring potential employees. A charge or conviction of identity theft can lead to disqualification from job opportunities. Moreover, if you are currently employed, your employer might terminate your employment upon discovering the charge, particularly if your role involves financial responsibilities or sensitive personal data.
Financial consequences
Identity theft charges can also lead to severe financial consequences. In addition to potential fines and restitution payments, the cost of defending against the charge can be significant. Even if you avoid a conviction, you may still find yourself facing considerable debt as a result of legal fees and other related costs.
Impact on future endeavors
An identity theft charge can impact your future endeavors in numerous ways. It can affect your ability to secure loans or housing, as lenders and landlords often conduct criminal background checks. Further, certain licenses and permits may be denied to individuals with such charges on their records.
It is important to recognize the negative impacts of identity theft, as they underscore the gravity of charges and the importance of maintaining secure, ethical practices when handling personal identifying information.]]>