Author: support

prosecutor

If you are a victim of a crime, you might wonder what will happen if you decide that you do not want the criminal case to go forward. Do you have the power to make the charges go away? Can a prosecutor drop charges at the victim’s request?

Whether you are the victim or the person charged with a crime, a Washington criminal defense attorney can talk to you and explain your rights. 

Contact Our Criminal Defense Attorney Today

Who Has the Power to Drop Criminal Charges?

A victim cannot get criminal charges dropped merely by asking the prosecutor to do so. While it might not hurt to let the prosecutor know how you feel, the prosecutor cannot dismiss the charges without additional justification. 

A prosecutor can only drop charges with the approval of the judge. The judge will require more than the victim’s wishes to allow the prosecutor to dismiss criminal charges.

When Is a Prosecutor Allowed to Drop Criminal Charges?

There are two main categories of prosecutor decisions not to go forward with a criminal case against a defendant:

Dropping the Criminal Charges

Charges got filed, but there is insufficient evidence to prosecute. The prosecutor might feel that the defendant committed the crime, but without adequate credible evidence, the prosecutor can ask the judge for permission to dismiss the charges.

Declining to Prosecute

Sometimes, a prosecutor can decline to prosecute even if there might be enough evidence to go forward with the case. Far more crimes happen than prosecutors could possibly take to trial. Prosecutors often have to go with their strongest cases and the ones that are most compelling. For example, the kidnapping of a child will get more resources from the prosecutor’s office than a jaywalking case.

Also, even when there is technically enough evidence, the prosecutor can decide not to prosecute in situations like these:

  • Prosecuting the case would serve no public purpose.
  • Going forward with the case would defeat the underlying purpose of the criminal statute.
  • Decreased respect for the law would result from prosecuting the defendant.

Sometimes the law in question is antiquated in that no one has enforced the law for many years, and it serves no purpose of protection or deterrence anymore. 

Why Does Washington State Law Prevent a Victim from Dropping Criminal Charges?

One reason that our state laws restrict a prosecutor’s power to drop filed criminal charges is to protect the victims. If a prosecutor had to dismiss charges because a victim requested that action, perpetrators of crimes would threaten victims to ask the prosecutor to do so. Removing that power from victims protects them from being pressured by the accused.

Some victims feel that getting the charges dropped will stop retaliation against them by the defendant. In situations of domestic violence or elder abuse, for example, the victim might have an ongoing relationship with the accused because they have children in common or the accused is the senior’s caregiver. 

In addition to those reasons, in some incidents, there are multiple victims. If some victims want the prosecution to go forward, dropping the charges at the request of one victim would be unfair to the others.

A Washington criminal defense attorney can advocate for you if you find yourself facing criminal charges. Contact Jennifer today to set up a consultation.

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.

Judge's gavel

If you or a loved one has recently been arrested, you may be overwhelmed by the magnitude of everything that you are facing. As a Washington defense attorney, I want to help you understand the process so that you don’t have to worry about unnecessary issues. Once you have been arrested, you will be scheduled for an arraignment. An arraignment is an initial hearing where the judge will formally tell you the charges against you.  At this early point in the case, with few exceptions, a plea of not guilty is entered and a future court date is set.

Argument for Release

An arraignment is also the time when an argument is made to hold a person on a certain bail amount, release them with no conditions or release them with certain conditions of release.  It is critical to have competent counsel at the arraignment who can argue that you should be released without having to post bail.

Pretrial or Case Setting Hearing

The next hearing after arraignment is a pretrial hearing, which in some courts is called a case setting hearing.  One of three things will happen at this hearing.  Either your attorney will have negotiated that the case be dismissed or resolved in some other way that is appropriate and acceptable to you or your attorney will not be able to reach an agreement with the prosecutor on how to resolve the case and so the case will be set for trial or you and your attorney will not yet be ready to decide whether the case will be resolved by plea or dismissal or whether it will be set for trial and so the hearing will be continued to another date to allow for more time to decide what path the case will go.  Cases are not usually resolved or set for trial at the first pretrial hearing.  It is very typical for several pretrial hearings to be set before the client and attorney now whether they will resolve the case or set it for trial.

Setting a Timeline

In Washington, your arraignment must take place within 14 days of the charges being filed against you. However, many arraignments take place before this deadline.

As one of the final steps to your arraignment, the judge will lay out the next steps in your case. This often sets a date and location of hearings to lead up to a trial date.  If a resolution of a case has been negotiated, the case will be set for a plea hearing and the trial date (if set) will be stricken.  Sometimes a plea and sentencing occur at the same hearing.  For more serious cases, sentencing is usually set for a date after the plea hearing.  It is essential to work closely with your attorney during this time to make sure that your defense has adequately prepared.

Cases can take several months or even more than a year, for serious and complex cases, to get resolved or to proceed to trial.  You should discuss with your attorney what your expectations should be for a realistic timeline for your particular case.

Securing Counsel

It is important to secure representation before the arraignment hearing, if possible.  If you are not able to afford counsel, you can be screened financially to see if you qualify for representation by a public defender.

If you are facing charges or have an upcoming arraignment, call Jennifer to set up an initial consultation. 

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.

bag of evidence

There are two primary types of evidence tampering – tampering with physical evidence and with witnesses. Witnesses can provide testimonial evidence to the court. When a person gets accused of a crime, allegations of evidence tampering can mean additional criminal charges and penalties. 

Some people engage in evidence tampering without realizing the legal implications of this conduct. A 

Washington criminal defense attorney can guide you through the stages of the criminal process and advise you on essential matters, like what is evidence tampering.

An Overview of Tampering with Physical Evidence

Our state law defines “tampering with physical evidence” in R.C.W. 9A.72.150 as taking either of these actions when the individual has reason to believe that an official proceeding is going to take place soon or has already started:

  • Trying to change the appearance or character of physical evidence by hiding, removing, altering, mutilating, or destroying the item or making the evidence unavailable for the official proceeding; or
  • Presenting or offering physical evidence that the individual know is false.

Also, the statute requires that the person who takes any of those actions must not have the legal right or authority to do those things. If the person does have a legal right or authority to take those actions, the conduct is not tampering with physical evidence.

Any “article, object, document, record, or other things of physical substance” can fall within the tampering with physical evidence statute. A conviction under this law is a gross misdemeanor.

Witness Tampering

Our state laws make tampering with a witness a class C felony in R.C.W.9A.72.120. Every attempt to tamper with a witness counts as a separate offense. 

To qualify as a “witness” under this statute, the person must be:

  • Someone who is a witness in an official proceeding or an individual whom the alleged tamper thinks will soon get called as a witness in such a proceeding, or 
  • A person who might have relevant information for a criminal investigation, or
  • Someone who might have information that could be relevant to the abuse or neglect of a minor child.

Witness tampering means that someone tried to induce such a witness to keep information from the agency or official proceeding without having a legal right or privilege to do so. Trying to get a witness to fail to appear at the proceedings or to give false testimony can also be witness tampering. 

In addition to the penalties that can come with a conviction of a gross misdemeanor or a class C felony, a person found guilty of tampering with a witness or with physical evidence can suffer adverse credibility consequences. The judge or jury will tend to assume that an innocent person would not engage in tampering with physical evidence or a witness.

With so much at stake, it can be a smart decision to work with a Washington criminal defense attorney from the beginning of the matter. Your lawyer can investigate the situation to build your defense, advocate aggressively on your behalf, and try to negotiate a favorable plea bargain when appropriate. Contact our office today.

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.

misdemeanor

Many people think that the sentence for a misdemeanor conviction is merely a slap on the wrist, but the reality can be much different. You could spend as much as just under a year in jail and have to pay thousands of dollars in fines.

Your best bet is to avoid a conviction in the first place, and a Washington criminal defense attorney can help you try to do that. Here are five things to know about misdemeanor sentencing:

Possible Jail Time You Could Face for a Misdemeanor or Gross Misdemeanor Conviction

While a judge can sentence a defendant to something other than jail time, like probation or a suspended imposition of sentence, our state laws in RCW 9A.20.021 authorize sentences of jail time in the county jail:

  • Of up to 90 days for misdemeanor convictions, and
  • No more than 364 days in the event of a gross misdemeanor conviction.

These sentences only apply to adult offenders.

The Fines the Court Can Assess for Misdemeanor or Gross Misdemeanor Convictions

The same statute sets the maximum fines a judge can assess upon a conviction at:

  • Not more than $1,000 for a misdemeanor, and
  • Up to $5,000 for a gross misdemeanor.

Another option open to the sentencing judge is to sentence the defendant to jail time and assess a fine instead of one or the other.

Which Offenses Can Be Misdemeanors

A crime that is not a felony or a gross misdemeanor can be a plain misdemeanor. Here are a few examples of misdemeanors in Washington State:

  • Shoplifting
  • Stealing a shopping cart or being in possession of a stolen shopping cart
  • Disorderly conduct
  • Indecent exposure
  • Prostitution or patronizing a prostitute
  • Failing to obey an order from law enforcement to disperse.

This list is by no means comprehensive.

Which Offenses Can Be Gross Misdemeanors

Gross misdemeanors are more significant offenses than plain misdemeanors but not as serious as felonies. Here are some things that can get charged as gross misdemeanors in Washington State:

  • The first offense of driving under the influence of drugs or alcohol, unless the incident involves factors that qualify for enhanced charges
  • Property theft up to a value of $750
  • Stealing television subscriptions services
  • Stalking – but some forms of stalking can be felonies, such as when there is a protective order in place.
  • Violations of a domestic violence order of protection – but this also can be a felony, depending on the specific circumstances.

Many other actions can get charged as gross misdemeanors.

How a Misdemeanor or Gross Misdemeanor Conviction Can Affect Your Life

You might think that after you pay the fine, serve your jail time, or complete probation, a misdemeanor or gross misdemeanor conviction is in your past and cannot affect your life. Nothing could be further from the truth. You will have to disclose past criminal convictions on job applications, apartment lease applications, and other important documents. 

When a criminal conviction appears in your background check, the criminal record could keep you from landing your dream job, getting a promotion, or getting into the college of your choice. It is possible to lose your job and your professional license because of a criminal conviction.

To try to minimize the potential fallout of a misdemeanor conviction and sentence, you might want to work with a Washington criminal defense attorney from the beginning. Get in touch with our office today.

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.

evidence bag

There are two primary types of evidence tampering – tampering with physical evidence and with witnesses. Witnesses can provide testimonial evidence to the court. When a person gets accused of a crime, allegations of evidence tampering can mean additional criminal charges and penalties. 

Some people engage in evidence tampering without realizing the legal implications of this conduct. A 

Seattle criminal defense attorney can guide you through the stages of the criminal process and advise you on essential matters, like what is evidence tampering.

An Overview of Tampering with Physical Evidence

Our state law defines “tampering with physical evidence” in R.C.W. 9A.72.150 as taking either of these actions when the individual has reason to believe that an official proceeding is going to take place soon or has already started:

  • Trying to change the appearance or character of physical evidence by hiding, removing, altering, mutilating, or destroying the item or making the evidence unavailable for the official proceeding; or
  • Presenting or offering physical evidence that the individual know is false.

Also, the statute requires that the person who takes any of those actions must not have the legal right or authority to do those things. If the person does have a legal right or authority to take those actions, the conduct is not tampering with physical evidence.

Any “article, object, document, record, or other things of physical substance” can fall within the tampering with physical evidence statute. A conviction under this law is a gross misdemeanor.

Witness Tampering

Our state laws make tampering with a witness a class C felony in R.C.W.9A.72.120. Every attempt to tamper with a witness counts as a separate offense. 

To qualify as a “witness” under this statute, the person must be:

  • Someone who is a witness in an official proceeding or an individual whom the alleged tamper thinks will soon get called as a witness in such a proceeding, or 
  • A person who might have relevant information for a criminal investigation, or
  • Someone who might have information that could be relevant to the abuse or neglect of a minor child.

Witness tampering means that someone tried to induce such a witness to keep information from the agency or official proceeding without having a legal right or privilege to do so. Trying to get a witness to fail to appear at the proceedings or to give false testimony can also be witness tampering. 

In addition to the penalties that can come with a conviction of a gross misdemeanor or a class C felony, a person found guilty of tampering with a witness or with physical evidence can suffer adverse credibility consequences. The judge or jury will tend to assume that an innocent person would not engage in tampering with physical evidence or a witness.

With so much at stake, it can be a smart decision to work with a Washington criminal defense attorney from the beginning of the matter. Your lawyer can investigate the situation to build your defense, advocate aggressively on your behalf, and try to negotiate a favorable plea bargain when appropriate. Contact our office today.

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.

healthcare fraud

The Washington State Health Care Authority (WSHCA) provides information about common practices that might be Medicaid or health insurance fraud. The WSHCA urges patients to report suspicions of unethical behavior by health care providers. 

Doctors, hospitals, and other service providers should set up protocols to prevent these things from happening. If you, as a health care provider, get accused of Medicaid, Medicare, or other health insurance fraud, you should talk to a Seattle criminal defense attorney right away to protect your rights. Here are five popular health care provider fraud schemes:

Incorrect Coding

Accurate billing requires the use of accurate billing codes. The billing code determines the amount of compensation the health care provider can charge the insurer and patient. For example, a doctor cannot charge as much for a brief office visit as for an extended office visit. If a doctor routinely charges a patient a higher billing rate than deserved for more time than actually spent with the patient, the doctor might be committing fraud.

Also, using the billing code for a higher level of service than actually performed can be fraud. Let’s say that a clinic had maternity patients come into the office once a month for a basic check-up. The clinic then billed those visits as including more extensive workups than they were. Those “mark-ups” can be fraudulent billing practices.

Unnecessary Medical Services

When health care providers perform medical services that the patient clearly does not need, those practices can be fraud. Some examples of unnecessary services include:

  • Performing surgery like an appendectomy, tonsillectomy, or other operation on a perfectly healthy patient without any valid medical reason for the procedure.
  • Ordering diagnostic procedures like imaging studies or laboratory tests without an acceptable medical justification.
  • Pressuring the patient to come into the office for an unreasonable number of office visits and check-ups without a valid reason.

These are just a few examples of unnecessary medical services that health care might fraudulently provide to increase the cost to the patients and insurers.

Kickbacks

A health care provider should not pay or accept financial incentives for referrals. Engaging in those schemes can remove a health care provider’s objectivity. The medical professional or facility might put the financial gain over choosing what is best for the patient. 

Often, a physician will refer a patient to a specialist for a consultation. In this situation, each doctor is allowed to charge a reasonable and fair amount for the value of the services that the doctor provides to the patient. Health care providers cannot legally take a percentage of the fees of the professional to whom they sent the patient.

Conflicts of Interest

The medical community is a tightly woven network with health care providers having multiple income streams. For example, a group of physicians might also own an imaging center that performs x-rays, MRIs, and CAT scans.

If the doctors who own the imaging center routinely send patients to their imaging center without disclosing their financial interest in the business, they might have a conflict of interest. If Medicaid or another insurer suspects that a significant number of the procedures were unnecessary, the health care provider could face adverse consequences in addition to the conflict of interest concerns.

Billing Medicaid, Medicare, or Other Health Insurance for Services not Provided

Sometimes stories hit the news about medical practices billing clients for hospital or office visits that never took place, surgeries they did not perform, and other obviously unethical behavior. Anyone can make an error on occasion and accidentally charge the wrong patient account. 

When a health care provider engages in those things intentionally and as a common business practice, the provider could face criminal charges, fines, and being stricken from the approved provider lists. The doctor or hospital also risks the loss of the professional license.

Allegations of any of these schemes can damage your professional reputation. A conviction could subject you to fines and jail time. With so much at stake, you do not want to delay in protecting yourself. A Seattle criminal defense attorney can advocate on your behalf if you get charged with health care fraud. Get in touch with our office today.

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.

statute of limitations

The statute of limitations on rape claims depends on the specific charge for criminal cases. Also, there is a time limit for a person to file a civil lawsuit seeking financial compensation for a claim of rape. If you think that you might be facing criminal charges or a civil lawsuit that alleges rape, you should talk with a Seattle sex crimes defense attorney right away to protect your rights.

Statutes of limitations are the deadlines that control whether someone can prosecute you for criminal charges or sue you in civil court. Once the time limit passes, you cannot get sued, or you can request that the case gets dismissed. The court has no jurisdiction over a criminal or civil case for which the statute of limitations has passed.

Criminal Statute of Limitations for Rape in Washington State

Depending on the exact nature of the alleged offense, the statute of limitations for a rape claim can range from 10 years to 20 years after the offense to no limitation. 

  • If someone accuses you of rape in the third degree from more than 10 years ago, you cannot get prosecuted for that alleged crime. Rape in the third degree is a class C felony. The 10-year deadline does not apply to the rape of a child in the third degree.
  • The statute of limitations for charges of rape in the first or second degree is 20 years after commission. The 20-year deadline does not apply to charges of first or second-degree rape of a victim who was under the age of 16 at the time or to charges of first, second, or-third degree rape of a child. 

These charges may be prosecuted at any time after their commission, regardless of how much time passes after the alleged commission:

  • Rape in the first degree if the victim is under the age of sixteen
  • Rape in the second degree if the victim is under the age of sixteen
  • Rape of a child in the first degree
  • Rape of a child in the second degree 
  • Rape of a child in the third degree 

A conviction of rape can be a Class A or Class C felony.

How Much Time a Person Has to Sue in Civil Court for Money Damages for Rape in Washington State

Washington law says that a person who accuses another of the civil tort of rape or sexual assault must file a lawsuit within two years of the alleged act if they want to go after money damages from the accused. After the deadline passes, the accuser can forever lose the right to hold that person financially liable.

Rape can be both a crime and a tort. A tort is a civil lawsuit, entirely independent of any criminal case. Regardless of whether you are the subject of a civil or criminal case that involves allegations of rape or sexual assault, you need to talk to a lawyer as soon as possible. 

A felony conviction for a sex crime can ruin your life. You would have to register as a sex offender for the rest of your life and get harassed by people who want to run you out of their neighborhoods. Your dream college or career could be a broken and impossible dream. You and your family can experience social stigma. A Seattle criminal defense attorney can work tirelessly to get the charges reduced or dismissed or try to negotiate the best outcome possible. Contact Jennifer today.

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.

teenage girl texting on phone

Yes, it is illegal for an 18-year-old to sext with a 17-year-old in Washington State. It does not matter if the 17-year-old participates willingly in the sexting because a 17-year-old is a minor. An 18-year-old is an adult. 

Sexting with a minor can be a felony that can carry a prison sentence of 10 years and the requirement of registering as a sexual offender. With these severe potential consequences, you will want to talk with a Seattle sex crimes defense attorney as soon as possible.

An Overview of Sexting

Sexting is the act of texting sexually explicit messages or images. When sexting happens between two consenting adults, the law is unlikely to get involved unless the images are of minors. 

Teens can get caught in a life-ruining situation through sexting. Let’s say that a boyfriend and girlfriend send sexually explicit text messages and photos to each other, and they are 17 and 18 years old. A parent of the 17-year-old discovers the messages and images on the child’s cell phone and goes to the police. The 18-year-old could get arrested, face criminal charges, and possibly spend years in prison. 

Revenge Sexting

After a nasty break-up, some people send intimate photos of their former romantic partner to other people without the ex’s consent. This conduct can be illegal. When this happens among teens who were underage at the time of the photographs, the other party could get charged with possession of child pornography. Even without the element of revenge, having sexually explicit photos of someone under the age of 18 on your cell phone can be considered possession of child pornography.

Federal Law That Can Make Sexting Illegal

The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 could get triggered if one of the parties downloads sexting images of a minor to a computer or sends the photos through an email that gets opened on a computer. While the legislation focuses on prosecuting child pornography cases, federal law enforcement officials tend to leave the prosecution of sexting between minors to the states.

Sexual Offender Registries and Sexting

When an adult gets convicted of a sexual offense, the judge can require the adult to register as a sexual offender. Registering as a sexual offender can cause the defendant public humiliation and lead to difficulty in finding and keeping a place to live. Many people report being harassed until they moved away after people in the neighborhood discovered that the person was on the sexual offender registry.

In some situations, a minor might have to register as a sexual offender, although that outcome happens less frequently than for adults. Whether the defendant is an adult or a minor, having to register as a sexual offender can cost a person his career, friends, family, and future prospects.

When an 18-year-old gets a sexual offense conviction, the consequences could ruin his life. The best outcome is to avoid a conviction by getting the charges dismissed, mounting a strong defense to win at trial, or negotiating a deal with the prosecutor.

With so much at stake, you should not try to handle this situation as a DIY project. Working with a Seattle criminal defense attorney from the beginning, your rights can get protected. Get in touch with our office today.

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.

Man accused of domestic violence standing by window.

Domestic disputes do not always go peacefully. Sometimes domestic violence happens when romantic partners or family members have relationship problems. On occasion, unlawful imprisonment, can occur or be alleged in these situations. 

A Seattle criminal defense attorney can explain what you need to know about domestic violence and unlawful imprisonment. If you face charges of unlawful imprisonment or domestic violence, you can protect your legal rights by working with a lawyer. 

An Overview of Unlawful Imprisonment in Washington State 

RCW §9A.40.060 defines unlawful imprisonment as knowingly restraining another person. This offense is a Class C felony. 

Let’s say that a husband and wife are having an argument. One person wants to walk out of the room, but the other does not want that to happen. Using physical force, threats, or blocking the exits can provide a basis to charge unlawful imprisonment. What one person might consider as merely a reaction in the heat of the moment could be a serious crime. 

Unlawful imprisonment can also happen in other settings, like a vehicle. If two people who are members of a household or family are driving down the street and one person does not want to stay in the car, the other person cannot force them to remain in the vehicle. Also, holding one person against their will to gain a response from a third party can be unlawful imprisonment. 

When there is no legal authority or consent, it is illegal in our state to substantially interfere with a person’s liberty by restricting that person’s movements. When someone uses deception, force, or intimidation to restrain a person, by definition, the restraint is without consent. 

When someone commits the offense of unlawful imprisonment against a family or household member, the charges can also include domestic violence. Washington’s domestic violence statutes include unlawful imprisonment as one possible form of domestic violence. As a result, it is possible to get charged with two criminal violations after a contentious event with a romantic partner or member of your household or family. 

How a Conviction of Unlawful Imprisonment Can Affect Your Life 

A felony conviction can cause you damage for the rest of your life. Convicted felons lose many civil liberties. Unless you can get the conviction removed from your record, the felony will follow you forever. The odds of getting a crime involving violence removed from your criminal record are slim. 

You will have to report felony convictions every time you apply for a job, an apartment, a mortgage, or another loan, or try to enroll in a college or university. Your dream job or career might no longer be possible. You might have to settle for a second or third choice college instead of the one you expected to attend. 

You and your family will face social stigma if you get a felony conviction. The only way to prevent these negative consequences is to avoid getting the conviction in the first place. A Seattle criminal defense attorney can try to negotiate a plea bargain for you or build a defense to fight the charges. Contact our office today.

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.

Frustrated doctor leaning on window

We live in a litigious society. Some people make false allegations against physicians as a “get rich quick” scheme. A Seattle criminal defense attorney for healthcare professionals can defend you if you find yourself in this situation. Here are seven things you can do to avoid claims of sexual assault in your medical practice:

Create Boundaries at Social Functions

It is nearly impossible for a doctor to attend a social function without someone asking for medical advice. The best way to control the situation and avoid allegations of impropriety, including sexual assault, is to instruct the person to call your office and make an appointment to see you there. 

When you insist that people see you in the office, you will have the protections of your protocols in place. If someone refuses to see you at your office, that refusal should be a red flag. 

Always Have a Second Staff Member Present in Examining Rooms 

When there are no witnesses, a patient who creates false allegations has little incentive, to tell the truth. If you have a firm rule at your office that you do not examine any patient one-on-one, you will be far less likely to encounter claims of impropriety. 

A patient might argue that your nurse or assistant is biased in your favor and will say whatever you want. Nonetheless, a jury will be far more suspicious of a doctor who examines patients, particularly the opposite gender, without someone else present. 

The same rule applies to performing other medical procedures. Whenever a patient is in a vulnerable position, the doctor is wise to always have a second staff member present. 

Document All Questionable Incidents 

Whenever something happens with the patient that sets alarm bells in your head ringing, you should make a note in the patient’s chart or in an incident log. For example, if a patient flirts with you during a consultation, gives you a hug or kiss, or engages in other conduct that is not appropriate in a professional setting, you should create a paper trail. Take the time to write down as many details as you can remember. 

Charge for Your Work

You might think you are helping out someone who is struggling financially, but that person might try to twist your kindness into something sinister. By always charging for your medical services, you can avoid a situation in which a patient accuses you of a quid-pro-quo arrangement. 

Refer Problem Patients

If you have a patient who shows a non-professional interest in you, behaves inappropriately, or does things that cause you to question the person’s motivation, you should consider transferring the patient to another physician before things reach another level. 

Let’s say that you were recently divorced, and a patient exhibits a romantic interest in you. You should immediately refer that patient to a doctor who is unlikely to be a target of the patient. 

Be Mindful of Appearances 

If you become the physician of someone with whom you have a pre-existing relationship, like a friend or co-worker, you should be aware of how other people could perceive your interaction with that patient. Other patients or people in your office might make incorrect assumptions if you treat that patient in a different way than a typical patient. 

For example, a good friend of a dermatologist comes to see her for his psoriasis. In any other setting, these friends might greet each other with a hug or kiss on the cheek. There should be a conversation before the initial appointment, explaining that they should avoid any conduct that could give the appearance of impropriety. 

Avoid Treating Close Friends or Relatives 

It can be extremely difficult to maintain the objectivity needed to practice medicine on someone who is a close relative or friend. Often, the issue will depend upon the nature of the medical practice. For example, a gynecologist or cancer surgeon will face different issues than an eye doctor. Administering a pelvic exam or telling a patient that he has end-stage cancer involves vastly different factors than performing an eye examination for reading glasses. 

If someone accuses you of sexual assault in your medical practice, you should talk with a Seattle criminal defense attorney. Contact our office today.

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.