Author: Richmond Cariaga

Close-up Portrait Shot of a Drug Addict Suffering Young Boy Sadly Looking into the Camera. He Looks Thin, Badly Beaten and His Face is Bruised. Background is Isolated Black.

When Can Minors Be Charged as Adults in Washington?

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Contrary to popular belief, it is possible for a minor to be charged as an adult in Washington. Though rare, there are some situations in which a minor is considered an adult. If your teen is charged as an adult or with any crime, it is important that you meet with a Seattle criminal defense attorney for guidance.

When Kids Are Charged as Adults

Especially serious offenses have the potential to lead to adult criminal charges being filed against minors. As an example, if a teen shoots and kills another person, he or she can be charged as an adult. Moreover, stealing a motor vehicle or robbing someone can also lead to a minor being charged as an adult. 

An instance when a prosecutor requests that the teen be charged as an adult is uncommon yet within the realm of possibility. Adult charges are levied when individuals allegedly commit serious violent offenses such as: 

  • First-degree assault of a child
  • First-degree rape 
  • Homicide by abuse
  • Murder in the first/second degree
  • Manslaughter in the first degree
  • First-degree kidnapping
  • An attempt to commit one of the offenses listed above

Moreover, those who are 16 or 17 at the time the offense occurred and charged with what is considered to be a violent offense such as robbery, or those with a criminal history with two or more previous violent offenses can be charged as adults. Those with three or more class A, class B, second-degree manslaughter, or vehicular assault convictions after the age of 13 can also be tried as adults. 

There is the potential for cases automatically declined to Washington adult court to be transmitted back to juvenile court. If the judge, prosecution, and defense all agree, the case will be returned to juvenile court.

Factors That Determine the Level of Charges

Washington’s legal system is governed by the Washington Association of Prosecuting Attorneys’ guide. The guide determines whether charges are brought as juvenile or adult. The decision to elevate charges to adult court is person-based. 

A judge considers the accused party’s traits and the alleged offense. The judge also considers evidence from the prosecution and defense including a set of eight factors when making a decision.

The factors are referred to as Kent factors. Such factors are criteria used to determine if a case should transition from juvenile court to Washington adult court. The judge considers the following:

  • The seriousness of the alleged offense
  • Whether the offense was violent or willful
  • Complaint merit
  • Potential for sufficient public protection
  • Juvenile’s record
  • Desire for trial
  • Juvenile’s level of maturity
  • Whether the offense was against property or a person

Each judge considers the factors listed above with his or her discretion. However, the maturity level of the juvenile often weighs most heavily when determining if the charges will be brought in adult court.

Rehabilitation or Punishment?  That is the Question

When a judge determines whether a case is to be brought in juvenile or adult court, he or she often considers whether the defendant would benefit more from rehabilitation or punishment. The adult penal system is meant to punish. 

In contrast, the juvenile system is meant to rehabilitate. If the judge considers the alleged crime to be impulsive rather than premeditated, the teen might not be charged as an adult. 

It is also worth noting a Washington State Supreme Court opinion handed down in 2017 stated that judges are to consider all mitigating factors related to youthfulness when sentencing juveniles. However, in general, if the youth is accused of a violent crime, he or she will be tried as an adult. 

Learn More During a Consultation With Our Seattle Criminal Defense Attorney

Are you or a family member facing a criminal charge? Our Seattle criminal defense attorney will provide invaluable legal advice and representation. We’ll help you navigate the juvenile and adult criminal justice systems for a fair outcome. Your legal defense begins with a call to our office. Contact Jennifer today to schedule your consultation.

Man stalking young woman with phone in alley

What Is a Stalking Protection Order?

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No one should have to live in fear of a stalker. Legal protection in the form of stalking protection is available to those concerned for their safety. If you are being stalked or have been accused of stalking our Seattle criminal defense attorney’s assistance will prove invaluable.

The Definition of Stalking

Stalking occurs when one repeatedly pesters or follows another person in a way that harasses or threatens. Even repeatedly behaving in a manner that makes another feel afraid constitutes stalking. 

Moreover, undesirable electronic behavior constitutes a form of stalking referred to as cyberstalking. Such electronic stalking can occur through:

  • Text messages 
  • Social media 
  • GPS tracking
  • Emailing

Though stalking is demoralizing, annoying, and incredibly frustrating, it is quite common. As reported by the National Center for Victims of Crime, nearly 7 million United States residents are stalked each year.

As long as there is reasonable suspicion that the individual in question desires to harm and that his or her following or other behavior causes fear, stalking is occurring.

The Process for Obtaining a Stalking Protection Order

If you know or suspect you have a stalker on your tail, don’t be passive. Instead, be proactive by reaching out to a Seattle criminal defense attorney for assistance. We also provide legal guidance to those accused of stalking.

The process for obtaining a court order to protect against stalking requires the assistance of an attorney. Our legal team will amass evidence in support of a Protection Order presented before a judge. If the order is granted, you will be protected against the individual in question.

The legal process for such an order includes the naming of the respondent and petitioner. The respondent is the aggressor the court is to provide protection against. The petitioner is the individual requesting the Protection Order.

The petitioner submits the request for protection through an attorney. The court reviews the request. A hearing is then set at which the order is granted or denied. If the order is approved, it is to be served to the respondent.

How to Contest a Stalking Protection Order

If you are named in a stalking protection order, the most important thing you can do is find an experienced attorney. Your attorney will represent you at the hearing where he or she advocates for your freedom. 

A Seattle criminal defense attorney presents facts in support of your character to prove you are not a threat to the accuser. Moreover, if the legal process necessary for obtaining a stalking protection order is not followed, the order will be nullified. 

As an example, the failure to serve you with the notice of hearing, petition, and a temporary order (if entered), sets the stage for the order to be voided.

The Consequences of a Stalking Protection Order

Secure a Protection Order against the stalker and that individual will not be permitted to be in your vicinity. Nor will the aggressor be able to contact you, touch you, or otherwise harm you.

There is also the potential for legal action in the form of a civil lawsuit or criminal charges. The victim is legally empowered to sue the alleged stalker for financial and emotional damage. There are also criminal laws on the books to protect individuals from being stalked. If criminal charges are filed, the stalker might be penalized with imprisonment and a fine upwards of several thousand dollars.

Schedule Your Consultation Today

Our Seattle criminal defense attorney is a call away.  If you are being stalked or have been accused of stalking, contact Jennifer today to schedule a consultation.

Close-up of a young man making a stop gesture.

What Is an Extreme Risk Protection Order?

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If you are served with an Extreme Risk Protection Order (ERPO), don’t panic. An ERPO does not mean you are going to jail or will never be able to own a firearm. 

Our Seattle criminal defense attorney can help you fight an ERPO and regain complete freedom including the freedom to bear arms.

The Purpose of an ERPO

ERPOs are important legal tools to prevent violence and self-harm. The purpose of granting an ERPO is to protect a party who claims to have been attacked, threatened and/or stalked. An ERPO can also be granted to protect oneself against potential harm such as suicide.

The primary aim of this legal measure is to prevent a dangerous individual from buying or possessing a firearm. The ERPO can also force the seizure of a dangerous individual’s firearm. Prior to ERPOs, there were no “red flag laws” on the books to prevent potentially dangerous people from taking the lives of others.

The catch is that some ERPOs are granted when they are not justified. Scorned individuals, individuals with agendas, and those who are paranoid sometimes seek ERPOs for unjust reasons. Sufficient cause must be shown to obtain an ERPO. 

If the ERPO is granted without showing specific cause, our attorneys will build a legal argument based on those facts. The bottom line is that if you have not threatened someone or threatened to commit suicide, this “red flag” law should not be applicable. 

The quality of your criminal defense attorney in Seattle ultimately shapes the outcome of your case. In some situations, a criminal defense attorney’s strategic response to the ERPO is more important than the actual facts.

Fighting an ERPO

You have the right to challenge an ERPO filed against you. However, it is a mistake to fight an ERPO on your own. Meet with our legal team, tell us the facts of your situation and we’ll tailor a legal argument accordingly. Even if you have a history of mental illness or a criminal record, the right legal defense against an ERPO may preserve your freedom.

Our Seattle criminal defense attorney will fiercely advocate on your behalf in a court of law to prove you are not dangerous to others and yourself. As an example, if the petitioner does not provide credible or sworn evidence to the judge who determines the fate of the ERPO, we will highlight those flaws to prove there is not an extreme risk for violence. 

The end goal is to preserve your freedom including the right to bear arms for self-defense and defense of your property. Our legal team can also request that the judge seal your court record from public view using a Motion and Declaration to Seal Records of Extreme Risk Protection Order. Such a request can be made at the ERPO hearing, during the life of the order, and after the order ends.

Learn More During a Consultation With a Seattle Criminal Defense Attorney

Have you been targeted with an ERPO? Our criminal defense attorney in Seattle can help restore your freedom. Contact Jennifer today to schedule a consultation.

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What to Do After Being Charged With Child Molestation in Seattle?

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It might seem like life is ending after a child molestation charge. In reality, there’s no reason to panic. With the right Seattle criminal defense attorney, you can prove your innocence or have the charge reduced. 

This is your guide to moving forward after a child molestation charge in Seattle. 

Navigate the Legal System With an Attorney

A child molestation charge has the potential to upend your life. Choose the right Seattle criminal defense attorney and you’ll obtain a better sense of potential consequences. Your attorney will also help develop the optimal legal strategy. Let your attorney surmount the legal challenges and you’ll stand a much better chance of overcoming the allegations so you can return your life to normal.

From reviewing the charge to accumulating evidence, defending you at court hearings, and more, your attorney will navigate the entirety of the legal maze. You will be liberated to remain completely focused on work, family, and friends.

Understand the Reality of the Situation 

If you are innocent, you undoubtedly feel as though you are being persecuted. The sad truth is people lie, oftentimes for money or to ruin another’s reputation. Research indicates kids, especially those who are toddlers, are suggestible. A parent or other guardian’s suggestion that something inappropriate occurred might lead a child toward making a false statement. Moreover, there is the potential for medical professionals to find little or even no evidence that molestation occurred.

The challenge lies in proving the truth of the matter to clear your name and return your life to at least a semblance of normalcy. Our Seattle criminal defense attorney goes to great lengths to prove the client’s innocence. We consult with experts in false memory syndrome, medical professionals, and child psychologists.

Be Honest With Your Seattle Child Molestation Defense Lawyer

Your criminal defense attorney in Seattle will ask some personal questions, some of which might be uncomfortable to answer. It is imperative that you tell the truth to your attorney so he or she can develop the best possible legal defense based on facts. 

Your attorney understands the complexity of the legal landscape.  Your attorney also understands what must be done to defeat the charge.

Ask for Professional Help

If the charge has made it difficult to live normally or if you made a mistake, don’t be afraid to ask for help. Professional counseling will help you get through this difficult chapter of life. Moreover, a willingness to seek mental health counseling indicates you are deserving of mercy from the prosecutor and the court. 

If you are proven guilty yet enrolled in psychiatric counseling, your sentence might be reduced, potentially preventing jail or prison time.

Recognize That the Stakes are High

The molestation of a child has the potential to result in a lengthy prison sentence spanning half a decade or even longer. First-degree child molestation is a class A felony. Moreover, a conviction carries a lifelong sexual offender registration listing that makes it difficult to rent apartments near schools and obtain employment in certain fields.

What matters most is that you take the steps necessary to protect yourself from the penalties listed above. Do not answer questions posed by the police until your attorney is present. Even a slight verbal misstep can be construed as an admission of guilt that renders you unemployed and imprisoned.

Learn More During a Consultation With Our Seattle Criminal Defense Attorneys

Your future hangs in the balance after a child molestation charge. Contact Jennifer right away for a consultation.

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Understanding Your Rights: A Guide for Sexual Assault Survivors (in DV cases)

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Life after a domestic violence sexual assault can feel incredibly isolating. It’s hard to know what to do next, or if you will ever feel safe again. You don’t have to walk this path alone. A Washington State domestic violence sexual assault attorney can be an invaluable asset in your journey back. As you decide your next steps, consider this guide to help you understand your rights and the support available. 

Have You Been the Victim of a Sexual Assault in Washington State?

In Washington, the law clearly defines domestic violence and sexual assault, offering protections tailored to support survivors like you. In simple terms, domestic violence includes any harm or fear of harm by someone in your household or family, while sexual assault involves any non-consensual sexual act. 

If you’ve been the victim of a sexual assault by someone in your household, the first step in protecting your rights is reporting the assault to law enforcement. Taking the step to report what happened is incredibly brave. It’s also a very personal decision, and only you can decide if and when it’s right for you. If you have questions and need immediate support, RAINN has many resources to help you navigate your options. You can also call their 24-hour Hotline at 1-800-656-4673.

Your Legal Protection Following a Sexual Assault in Washington State

Washington laws aim to protect victims of sexual assault, help ensure your safety, and aid in your recovery following a domestic violence incident. Understanding these options can empower you to take steps toward healing and justice.

Protective Orders

In the days and weeks following a sexual assault, feeling safe again is vital. Washington State offers several types of protective orders designed to help you regain a sense of security.

Temporary Protection Orders (TPO): These orders are designed to provide immediate protection for survivors of sexual assault. You can obtain a TPO quickly, often without the abuser being present, which can help ensure your immediate safety. TPOs are typically issued during emergencies and last until a full court hearing for a more permanent order can occur.

Full Protection Orders: After a TPO, you may seek a Full Protection Order, which offers longer-term protection. This requires a court hearing, where both you and the alleged abuser have the opportunity to present your sides. Full Protection Orders can include specific provisions, such as no contact or a safe distance to be maintained, and can last for a set period or, in some cases, indefinitely.

To begin the process of obtaining a protective order, you can visit your local courthouse or contact a lawyer who specializes in domestic violence and sexual assault. They can guide you through the steps, help with paperwork, and offer support at the hearing. The Washington State Courts’ website also provides resources and forms necessary to apply for these orders. 

Washington State Victim Compensation Programs

Recovering from a sexual assault often involves more than just emotional healing–there can be significant financial burdens as well. Washington’s Victim Compensation Programs aim to ease this part of your journey by providing financial assistance for various needs related to your recovery.

Eligibility: To be eligible for compensation, you typically need to report the assault to law enforcement (with some exceptions for good cause) and apply for compensation within a certain timeframe after the crime. 

Covered Expenses: These programs can cover a wide range of expenses, including things like:

  • Medical and dental care
  • Mental health counseling
  • Lost wages if you are unable to work due to the assault
  • Funeral expenses if the assault leads to a fatality

While applying for victim compensation can seem daunting, resources are available to help you get the care you need. It may help to know that you’re not alone—there’s a whole community ready to support you. From counseling services to legal aid and advocacy groups, help is available. The Washington State Office of Crime Victim Advocacy is a great place to start, offering a directory of services designed to get the resources you need to keep moving forward.

Finding Your Way Through the Legal System

Not sure what to do next? Documenting everything, choosing the right lawyer, and understanding your options are crucial steps. Lawyers specializing in domestic violence and sexual assault are here to guide you, advocating for your rights and your peace of mind.

If you’re ready to discuss your legal options or need someone to guide you through the next steps, contact Jennifer today to learn more.