support, Author at Jennifer Horwitz Law

victim of domestic violence crying on stairs

Domestic Violence and No Contact Orders Involving Roommates and House-Guests

Posted on March 22, 2023

Washington has an unusually broad definition of some of the words within the laws that apply to allegations of domestic violence. As a result, a person who does not have a current or former romantic relationship with you could make an accusation of domestic violence and seek to have you removed from your own home.

Navigating these waters can be complicated and tricky. One misstep could haunt you for years with your career and your ability to find decent housing. You will want to work with a Seattle domestic violence defense attorney before that happens to you, because undoing that kind of harm can be difficult, if not impossible. Here is an overview of domestic violence and no contact orders involving roommates and house guests.

Who Can Be Subject to Washington’s Law About Domestic Violence and No Contact Orders

People usually think of spouses, domestic partners, or people who are dating as those whom the domestic violence and no contact orders laws are intended to protect. They might be surprised to find out that people who have never had a romantic relationship could find themselves facing domestic violence accusations under these laws.

Let’s say that you had a roommate during college, shared an apartment with a friend, or temporarily let someone stay in your house while they looked for a place to rent or buy. Any of those people could file charges of domestic violence against you under Washington’s domestic violence and no contact orders law.

Potential Consequences of Allegations of Domestic Violence

If a judge issues a no contact order based on allegations of domestic violence, the defendant could be forced from the residence. Additional possible fallout from being on the receiving end of a no contact order for domestic violence can include:

You could have a criminal record that could follow you throughout your life. If the judge finds you guilty of the allegations, the judge will sentence you to specific terms and conditions.
You could have long-term social stigma from getting charged with domestic violence, even if not found guilty.
Your current employer might fire you based merely on allegations of domestic violence. If you get convicted of a charge, it could be difficult to find future employment. You might not get a chance to explain your side if a prospective employer does not give you an interview because of what showed up in your background check.
You could have difficulty finding housing in the future. If you rent your apartment or house, your landlord could evict you.

With the possibility of any of these adverse outcomes, you would want to talk with a lawyer as soon as possible to try to avoid getting a no contact order entered against you.

How a Lawyer Could Help You If You Get Accused of Domestic Violence by a Roommate or Houseguest

Sometimes, an attorney can help someone accused of domestic violence by a roommate or houseguest by asking the court to create an exception to the usual no contact order and allow you to remain in your home when the accuser is a platonic housemate. It might be possible, through an attorney’s assistance, to have the accuser legally removed if they are a mere houseguest and have no legal right to remain in the home.

A Seattle criminal defense can protect your rights and housing if a housemate, roommate, or guest accused you of domestic violence. Contact our office today for help with your case.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

What Happens at an Arraignment?

Posted on March 8, 2023

Usually, the first significant court appearance in a criminal case is the arraignment hearing. The arraignment hearing can have an impact on the rest of your criminal case. With so much at stake, you will want to have a Seattle criminal defense attorney at your side handling your arraignment.

If you have never attended an arraignment before, you might have anxiety or worry about what will happen at the event. It could relieve your stress if you knew what to expect. This blog will provide some answers about what happens at an arraignment.

What to Expect at an Arraignment in Washington State

An arraignment is usually the first time a defendant appears in court after getting arrested and charged with a criminal offense. Although the arrangement does not tend to take a long time, these are the typical things that happen at the hearing:

The judge reads a prepared statement advising the defendant of their rights under the constitution.
The judge then reads the criminal charges that the state has filed against the defendant.
The person accused of the criminal offense enters a plea
The judge will deal with bail for the accused, either setting, adjusting, reinstating, or exonerating the bail of the defendant.

If you plead guilty as charged, you will skip trial and proceed to sentencing. If you want to have a trial, you will need to enter a plea of not guilty. You will want to have the advice of a criminal defense attorney before this hearing and get represented by a lawyer at the hearing.

What Can Happen if a Defendant Does Not Attend Their Arrangement

Law enforcement will bring the defendant to the arraignment if the person is in jail at the time scheduled for the hearing. Many people get released after their arrest and told when to appear for their arraignment. There are severe consequences if a defendant fails to appear for an arraignment.

Usually, the judge will issue a bench warrant and send an officer out to arrest the defendant and bring them to the courtroom. When this happens, the defendant faces a new charge of failure to appear, in addition to the existing criminal charge for which they got arrested. Going forward, the defendant could now get sentenced for both offenses.

Your Rights at an Arraignment

A criminal defendant has rights under the United States Constitution and the Washington state constitution. These rights include:

The right to remain silent, also called the right against self-incrimination.
The right to a trial by jury.
The right to have a lawyer represent them. A court-appointed public defender could represent the defendant if they cannot afford to hire their own criminal defense attorney.
The right to confront the prosecutor’s witnesses and produce their own witnesses for their defense.
The right to a speedy trial.

Many people accused of a crime give up some of their constitutional rights without realizing that they did so. A criminal defense attorney can explain these rights to you and discuss how they apply to your situation.

A Washington criminal offense attorney could aggressively protect your constitutional rights and help you go after the best outcome possible in your circumstances. For help with your case reach out to our office today.

The Legal Process of a Criminal Case in Washington State

Posted on February 22, 2023

The legal process of a criminal case in Washington state is complicated, but a Washington criminal defense attorney can help you navigate the various steps and fight aggressively for the best possible outcome in your situation. Every case is different, but considering the multiple negative consequences a criminal conviction can have on your life, hiring a lawyer from the very beginning could be a smart decision.

Initial Stages of a Criminal Case in Washington State

After the police investigate and identify a suspect, law enforcement might file a case in court if they have not yet arrested the suspect. If a suspect gets arrested, law enforcement has 48 hours to find probable cause. If they cannot find probable cause within 48 hours, they must release the suspect.

If they do find probable cause, the prosecutor will review the case. At this point, the prosecutor has three options:

Send the case back to law enforcement for additional investigation.
Decline the case based on insufficient evidence.
File the case in court.

The type of charge will determine where the case gets filed.

Case Filed in Washington State Court

Misdemeanors get filed in Washington State District Court or a city’s Municipal Court while felonies get filed in Washington State Superior Court for the county where the crime allegedly occurred. For both misdemeanors and felonies, there will be an arraignment at which the defendant pleads not guilty, and the court will address the conditions of release and set a bail amount for the defendant to post in order to be released. Your attorney cannot bring a motion to reduce bail or change other conditions of release unless they can show a “change in circumstances” from when the initial bail determination was made.

Process for a Misdemeanor in Washington State

Once the arraignment has been completed, a future court date will be set for a pretrial hearing (also called a case-setting hearing in some courts). At the Pre-Trial Hearing, the case could get set for a plea, for motions, for trial, or simply continued to another Pre-Trial date because one or both sides need more time to engage in plea negotiation or to investigate the case. The prosecutor and defense attorney will each engage in their own investigations and negotiate with each other.

If a defendant enters a guilty plea, after which there will be a formal plea hearing and sentencing. Sentencing hearings are almost always set after the plea hearing for felony cases. For misdemeanors, the plea and sentencing often occur in the same hearing. If the plea remains Not Guilty after further investigations and negotiations, the case may be set for a Motions Hearing, if there is an issue to be litigated before the trial starts. Defense counsel might argue to suppress some of the evidence if it was obtained in violation of the defendant’s rights. The prosecutor might seek to add charges to the case if the investigation revealed additional suspected crimes.

Eventually, if there is not a guilty plea, the criminal case will go forward to a jury trial. There are three possible outcomes from a jury trial in Washington State:

The jury finds the defendant not guilty of the charges.
There is a mistrial or hung jury, which often results in further plea negotiations or a subsequent trial.
The jury finds the defendant guilty of one or more of the charges, after which there will be a sentencing.

These steps are the usual process in most criminal misdemeanor cases in Washington State. There can be some variations from one case to another.

Procedures for a Washington State Felony

After the Arraignment in the Washington State Superior Court, there will be an Omnibus Hearing. The Omnibus Hearing is similar to the Pre-Trial Hearing for misdemeanor cases. At the Omnibus Hearing, the case could get continued, set for a plea, set for motions, or set for trial.

When a defendant enters a guilty plea, they will have a Guilty Hearing, followed by a Sentencing Hearing. If the defendant continues to plead Not Guilty, there will be one or more motion hearings, then a jury trial. The jury in a felony case in Washington State can reach a verdict of guilty or not guilty, or there could be a mistrial or a hung jury.

You can talk to a Washington State criminal defense attorney about your legal options if you get charged with a felony or misdemeanor in Washington State. Get in touch with Jennifer today for help with your case.

How Is Extortion Prosecuted in Washington State?

Posted on February 8, 2023

You might be surprised that you can get charged with a felony, have to pay thousands of dollars in fines, and even go to jail for what you thought were mere words. Extortion gets treated as a severe crime in Washington State. If you are charged with extortion, you will want to contact a Washington criminal defense attorney as soon as possible.

Some of the legal strategies your lawyer could use are only available at certain stages of the process, and you want to give yourself every possible chance for a good outcome. In this article, we will take a look at the elements of an extortion case in Washington State and how a case is typically prosecuted.

Elements of Extortion Under Washington State Law

A person can commit the felony of extortion if they try to coerce someone else to hand over money or assets or perform services by threatening violence or damage to the person’s reputation. You can still get charged with extortion for a failed attempt at extortion. In other words, if the person refused to do what you wanted and went to the police, you could end up facing felony charges without ever having received the thing you wanted.

The threat of violence or other harm + trying to obtain something of value in exchange for not harming the person = extortion.

How Extortion Gets Prosecuted in Washington State

Extortion in the first degree gets prosecuted as a Class B felony. If convicted, the offender can get sent to a state correctional facility for as long as 10 years. The fine can be as high as $20,000. The court can impose both incarceration and a fine.

Extortion in the second degree gets charged as a Class C felony. The fine could be up to $10,000. Incarceration in a state correctional facility can last as long as five years. The sentence can include incarceration and a fine.

Examples of Situations That Could be Considered Extortion

You can see examples of extortion frequently on television shows and movies, even though people rarely get arrested for it in those stories. Blackmail is extortion. Bribing a government official like a police officer or an inspector to do something or look the other way are also common examples of extortion.

Here are some other examples of conduct that can be extortion:

Threaten to reveal something embarrassing about the victim or another person or cause harm to the victim or another person if the victim does not have sexual relations with the person making the threat.
Threaten to go to the police and reveal that the person committed a crime unless they pay you money.
Threaten to expose a person’s private information unless they give you something of value.
Try to force the person to give you their purse or wallet by threats of violence to them or another person.
Try to get the person to pay money or property for your testimony in court.
Threatening to hold someone against their will until they or some other person pays money or transfers some property to you.

If you were charged with extortion or are concerned that you might face charges in the future, your best strategy is to talk to a Washington criminal defense attorney right away. Contact Jennifer today for help with your case.

What Is the Punishment for Embezzlement in Washington?

Posted on January 17, 2023

Embezzlement is a type of theft in Washington, and it carries the same possible punishments as theft. The offense can get charged as a felony or a misdemeanor, with varying degrees. Each charge has different possible penalties.

If you got accused of embezzlement or charged with theft, a Washington white-collar crimes attorney could protect your legal rights and help defend you from the charges. Let’s address the question, what is the punishment for embezzlement in Washington?

Gross Misdemeanor – Third-Degree Theft

If the items or assets a person embezzles have a value of less than $750, they can get charged with theft in the third degree, which is a gross misdemeanor. The sentence could be a fine of up to $5,000. Also, the judge could sentence the offender to as much as a year in the county jail. It is possible for a sentence to include a fine and jail time.

For example, a person convicted of embezzling $500 of electronic equipment they were supposed to repair and return to the owner could have to pay a fine of as much as 10 times the value of what they took.

Class C Felony – Second-Degree Theft

If the value of what got embezzled was more than $750 but less than $5,000, the charge could be theft in the second degree, which is a class C felony. Getting convicted of a felony carries its own set of negative consequences, in addition to the possibility of going to state prison for as long as five years. The potential fine for the charge of second-degree theft can go up to a maximum of $10,000. As with other theft convictions, the offender could get sentenced to incarceration or a fine, or both.

Let’s say that a person had a financial emergency and wrote a check for $1,000 from the company’s checking account. That one check could cause them to lose five years of freedom and owe $10,000 in fines.

Class B Felony – First-Degree Theft

This Class B felony charge involves the theft of more than $5,000 worth of assets or property. In addition to the standard impacts of a felony conviction, the offender could get sentenced to up to 10 years in state prison, a fine of up to $20,000, or both.

A large corporation required an employee to do a great deal of travel on company business. One day, the worker submitted fraudulent travel expense forms in the amount of $7,000. The employee said they attended a business conference, but they actually took their family on vacation. The business conference was fictitious. The $7,000 family trip could send the worker away to prison for a decade with a fine of up to $20,000.

Factors Used in Sentencing

Theft convictions come with a range of possible sentencing, so how does the judge decide to let one person have the low end of potential penalties but throw the book at someone else? One of the tools judges use is the defendant’s offender score, which can include the individual’s criminal history, other current offenses, and other factors.

A Washington criminal defense attorney can work tirelessly to get you the best possible outcome in your situation. Get in touch with our office today for a free consultation.

Man reviewing law documents with attorney

Possible Defenses for Embezzlement Charges

Posted on January 5, 2023

You might think that you are not at high risk of getting charged with embezzlement if you do not work at a bank or an investment company, but it is surprisingly easy to find yourself facing criminal charges of embezzlement. If that happens, you need to know what defenses you could raise to try to avoid a conviction.

Your first call should be to a Washington white-collar crimes attorney who can build a strong case for you based on your facts. Your lawyer will talk to you about the possible defenses for embezzlement charges that might be applicable in your situation.

An Overview of Embezzlement

At its core, embezzlement is just a type of theft. Borrowing from the petty cash box because you forgot your wallet and needed to pay for lunch could get charged as embezzlement. Helping yourself to copy paper, pens, and other office supplies could be embezzlement.

You do not have to take items from your employer to get charged with theft. A person who works in home health care might take an item from a client’s home. Someone running a crowd-funding campaign to help pay for someone else’s medical bills might use some of the funds to pay their own personal expenses.

If you have lawful access to someone else’s assets or money, taking or using that asset fraudulently for your own purposes without permission is embezzlement that could get charged as theft. Embezzlement falls under the theft laws in Washington. Embezzlement does not have its own separate laws. Theft can be a misdemeanor or a felony in our state.

Defenses to the Theft Charges

Defenses to embezzlement generally focus on intent, deception, and lack of authorization. Theft is a crime of intent. In other words, you must have intended to take something that you knew was not yours.

Let’s say that you were waiting at a bus stop. When the bus arrived, you picked up a backpack that you thought was yours, and boarded the bus. The real owner of the backpack called the police, who arrested you for theft. The two backpacks looked surprisingly similar. You could defend against the charges by saying that you picked up the wrong backpack by accident. You did not intend to steal the other person’s backpack.

Also, you did not use deception to gain possession of the other person’s backpack. For example, you did not intentionally switch the locations of the backpacks to try to deceive the other person.

Authorization is another common defense to embezzlement charges. One person at a company might make improper claims of theft because they do not know all the facts. Someone in middle management might observe you walk out of the office carrying one of the office laptops and accuse you of embezzling company property. They did not know that your direct supervisor authorized you to take the laptop home for the weekend to finish a report.

The middle manager might say that you wrongfully took company property or had unauthorized control or possession of the laptop. In a situation like this, the truth is your best defense against embezzlement charges because your actions did not constitute embezzlement or theft.

Criminal charges of any kind of theft could blemish your good name and reputation. With so much at stake, you will want to talk to a Washington criminal defense attorney at once. Contact our office today for help with your case, we offer a free consultation.

3 of The Most Frequently Violated Rights of the Accused

Posted on December 23, 2022

In Washington, the police are supposed to follow the law, just like everyone else. One of the crucial obligations of law enforcement is not to violate anyone’s legal rights. Unfortunately, the rights guaranteed by the US Constitution, Bill of Rights, and the constitution of the state of Washington are not always honored when a person gets accused of a crime.

A Washington criminal defense attorney will fight relentlessly to protect your legal rights and hold law enforcement and the criminal justice system accountable when they trample on your constitutional protections. Here are 3 of the most frequently violated rights of the accused:

Miranda Violations

When you are in police custody and the police ask you questions beyond merely your name and a few other non-incriminating details, they are engaging in “custodial interrogation.” Before starting a custodial interrogation, the officer is supposed to read you your Miranda rights. In reality, they do not actually read you your rights, because they have the script memorized from repeating it so many times on the job.

The police are supposed to inform you that you have the right to remain silent, that anything you say can and will be used against you in court, and that you have a right to have an attorney present. Informing you of your Miranda rights should happen before they ask you any substantive questions. It is pointless for them to tell you, after you have answered all of their questions, that you didn’t have to answer any of them because of the right to remain silent.

What we can do if this right got violated:

If the police engaged in unlawful custodial interrogation, we can ask the judge to throw out anything that you said after getting arrested. In other words, we will ask the judge to rule that the prosecutor cannot use any of the illegally obtained statements against you.

Illegal Search and Seizure

In many cases, the police are supposed to have a valid search warrant supported by probable cause before they are allowed to search your home or property. There are exceptions to this rule, which is why you want to work with a lawyer if you plan to raise the fourth amendment protection from unreasonable searches and seizures as a defense in your case.

What we can do if this right got violated:

If the police performed an unlawful search and seizure of evidence, we can file a motion with the judge asking the judge to exclude all items the police obtained improperly. This would mean that the prosecutor would not get to use those pieces of evidence against you in court.

Violations of Due Process

Due process violations can take many forms, including the accused having the right to confront witnesses and getting adequate time to work with their lawyer. Many cases involve violations of due process.

What we can do if this right got violated:

The appropriate remedy depends upon the type of due process violation. We can address these issues directly with the judge.

A Washington criminal defense attorney can help protect you from violations of your rights and seek appropriate remedies if the police or prosecutor violated your rights. Contact our office today for help with your case.

Am I Being Detained? 6 Questions You Should Ask During Interactions with the Police

Posted on December 7, 2022

If you get stopped by the police, you might find yourself feeling and acting nervous. When you realize that your nervousness could make the police suspect that you are guilty of something, that realization can make you more nervous, if not downright panicked. You do not want to get accused of refusing to cooperate with the police and end up as a news headline.

On the other hand, you do not want to say something that might incriminate you. A Washington criminal defense attorney can help you protect your legal rights and answer questions like, am I being detained? Here are six questions you should ask during interactions with the police.

1. Am I Being Arrested?

If the police say that, yes, they are arresting you, you will want to exercise your right to remain silent. Call a criminal defense lawyer immediately and remain silent until you have a lawyer present.

The police are not supposed to arrest anyone without having probable cause. If they only suspect that you might have committed a crime but they do not have probable cause that would justify making an arrest, you might inadvertently say something that they could interpret as grounds for probable cause. Let your lawyer do the talking for you.

2. Am I Being Detained?

The police are allowed to detain a person briefly if they have a reasonable suspicion. Of course, the issue is often, how long is briefly? When they finish asking their questions, you should be free to go, unless they decide to arrest you. You should confirm whether you are free to go before you attempt to do so.

3. How Long Will I Be Detained?

Remember, the period of being detained must be brief. The police might make you stay in a secured area while they perform an investigation. You will want to call your lawyer before answering questions while being detained.

4. Why Am I Being Detained or Arrested?

The police must have a reason to arrest or detain someone. Pulling someone off of the streets and not letting them go about their business without have a good reason to do so can be harassment.

5. Do You Have a Warrant?

Although the police do not always need to have a warrant to perform a search or arrest someone, you should always ask, rather than simply opening the door and letting them enter. If you voluntarily let them in, you have consented to a search. Instead, you will want to ask them politely if they have a warrant. If they do not have a warrant, you can refuse to let them search. Because there are exceptions to the requirement of a warrant, you should call your lawyer to step in at this point.

6. Am I Free to Leave?

If the police tell you that you are free to go, by all means, go somewhere else right away. Hanging around only gives them time to think of a reason to detain or arrest you. When you have been stopped by the police, never try to leave before they tell you that you are free to go, or you might get treated as fleeing the scene.

A Washington criminal defense attorney will fight tirelessly to protect your legal rights. For help with your case get in touch with our office today, we are here to help you.

Can a Plea Deal Turn a Drug Trafficking Charge Into a Simple Possession Charge?

Posted on November 17, 2022

If you have a defense that weakens the prosecutor’s case against you, it might be possible to strike a plea deal. Defenses could include arguments that there was an illegal arrest, an improper search, and seizure, a violation of the defendant’s Miranda rights, or some other reason.

You will want to work with a Washington drug crimes attorney from the beginning of your case because some opportunities to raise defenses and negotiate a plea deal could pass you by early in the case. Let’s look at whether a plea deal can turn a drug trafficking charge into a simple possession charge.

An Overview of Drug Trafficking in Washington

RCW 69.50.401 is the statute that addresses drug trafficking in Washington State. This statute makes it illegal to:

Manufacture a controlled substance.
Deliver a controlled substance.
Possess with intent to manufacture or deliver a controlled substance.

If a person complies with Washington laws regarding the “production, manufacture, processing, packaging, delivery, distribution, sale, or possession of cannabis,” they cannot get charged with violating the anti-drug trafficking laws.

Penalties for Drug Trafficking Convictions Under Washington Law

Violations of this law involving some controlled substances is a class B felony, while sometimes, with other types of controlled substances, it can be a class C felony. A person convicted of a class B felony drug trafficking charge in Washington could go to prison for up to 10 years, get fined up to either $25,000 or $100,000, depending on the quantity of the controlled substance, or both imprisonment and a fine.

With such a harsh potential punishment, it would be worth your while to try to beat the charges or negotiate the charge to a lower offense, like simple possession.

Defenses to Drug Trafficking Charges

Drug trafficking cases in our state usually involve large, organized criminal activity involving groups of people operating within a network and handling massive quantities of controlled substances. Let’s say that you got arrested and charged with drug trafficking for simply having some marijuana in your pocket.

Simply having the weed on your person does not establish that you manufactured it, delivered it, or possessed it with the intent to manufacture or deliver it. An overzealous prosecutor who wants to build a reputation for getting tough on drugs might charge you with drug trafficking, even though your facts do not satisfy the elements of the drug trafficking statute.

If the police violated the 4^th Amendment protection from unreasonable searches and seizures by not having a valid search warrant supported by probable cause in a situation in which there was no exception to the requirement of a warrant, you would have a defense. Your lawyer could file a motion asking the court to exclude the evidence of drugs the police seized so that the prosecutor could not use the evidence against you in court.

These and other defenses could weaken the case against you on drug trafficking charges and make the charges ripe for negotiation to a lower charge or getting the charges dismissed. You will want to work with a Washington criminal defense attorney on your drug trafficking case. Get in touch with our office today for a free consultation.

Understanding DNA Evidence in Criminal Cases

Posted on November 9, 2022

DNA evidence has an important role in Washington criminal cases. It is often used to try to convict defendants or even exonerate persons who have been wrongly accused or convicted of a crime. If you are facing any criminal matter, it is crucial to obtain legal counsel and understand the potential impact of DNA evidence in your case. Our Washington criminal defense attorney is familiar with DNA evidence and can evaluate how it may affect your case.

What is DNA?

DNA is akin to a building code unique to each person’s body and is found in almost every type of human cell. This means that DNA in your blood is the same as in your hair, skin, and saliva. DNA also does not change; your unique code will always remain the same.

DNA Evidence

In Washington state, law enforcement and other professionals must collect DNA evidence across a vast category of crimes. DNA evidence can be collected from a crime scene or a victim and “matched” with a purported suspect or used to eliminate a person as a suspect in a crime. DNA may be present in hair, body fluids, blood, and other biological material at a crime scene.

There are specific collection procedures and timeframes that must be followed by the professional collecting the DNA evidence for it to be considered reliable. These procedures avoid degradation, tampering, or contamination of this material. For example, DNA can become contaminated when DNA from another source gets mixed with DNA relevant to the case. This can be avoided by using proper gear, using clean instruments, and carefully avoiding touching other objects when handling DNA evidence.

Once collected, it can be compared to a suspect’s sample or run through national databases such as the FBI’s Combined DNA Index System. In some cases, it may be necessary for a prosecutor or district attorney to request a judge to permit them to collect a sample.

Dealing With DNA Evidence in Your Case

There may be many ways in which DNA evidence could be an issue in your case. You should not go through this process alone as doing so can lead to inequitable results and you being deprived of your rights.

For example, suppose you have been charged with a crime or may be facing charges. In that case, you and your attorney have the right to access the crime scene or other location after law enforcement has completed its investigation. An experienced criminal defense attorney can help you seek a court order to access the site and collect DNA evidence with your own professional.

Alternatively, you have rights if a sample is being demanded from you. You may not be required to provide a sample absent the government demonstrating they have probable cause regarding your involvement in an alleged crime.

Depending on your circumstances, you may also use DNA evidence to defend or exonerate yourself. Improper collection, storage, handling, or even lack of proper training by the person collecting the evidence can all be legitimate defenses and issues raised in your case. If you or a loved one find yourselves in any of these situations, we invite you to contact our law office today for help with your case. We can help you understand your legal rights and options.