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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.

Man reviewing law documents with attorney

The State of Washington imposes sentencing after a criminal has pled to a crime or been found guilty by a judge or jury. 

The sentencing of a defendant is a critical phase of a court case. The duration and type of punishment prescribed by the judicial court system will significantly impact the defendant. 

Criminal defense lawyers must take care that attention is given to the defendant’s needs and that the least possible punishment is issued. 

Experienced Seattle criminal defense attorneys impart to their clients, and their clients’ families an understanding of sentencing in Washington by answering 5 frequently asked questions. 

5 Frequently Asked Questions About Sentencing in Washington

  1. What is Sentencing?

Sentencing is the phase of a court case in which a defendant is issued punishment for the crime of which they were found guilty. 

Sentencing generally takes place at a sentencing hearing a few weeks after a conviction or guilty plea. 

  1. What Factors are Considered During Sentencing in Washington?

When considering sentencing for a crime, a judge considers several factors per state sentencing guidelines. These factors include:

  • circumstances of the crime
  • criminal and personal history of the defendant
  • the severity of the crime committed
  • victim statements
  • statements from the defendant’s family and friends

The totality of these factors influences the type and severity of the punishment. However, singular factors may be weighted more heavily than others in consideration of the crime and resulting penalty. 

For instance, a particularly brutal or heinous crime may override the defendant’s lack of criminal history or stellar community reputation.

  1. What Are the Sentencing Guidelines for Washington Misdemeanors?

Judges have broad discretion to impose jail time or set jail time aside while placing other restrictions on those convicted of misdemeanor crimes. 

Typically, misdemeanor crimes carry a risk of between 90-364 days in jail. While a judge may impose a sentence anywhere in that range, judges often impose a minimal sentence or no sentence at all in favor of other conditions being met.

A judge may impose other conditions as sentencing for misdemeanor crimes include community service or substance abuse counseling and rehabilitation. 

An effective criminal defense attorney may be able to persuade a judge to set aside jail time if their client has little or no criminal history, the misdemeanor crime was non-violent, or circumstances warrant leniency. 

  1. How Does Felony Sentencing Work in Washington?

Judges do not enjoy unlimited discretion in felony sentencing. 

Unless certain factors calling for exceptional-sentencing exist, judges must defer to the sentencing guidelines outlined in Washington’s Sentencing Reform Act.

Judges also refer to a sentencing grid when determining jail and prison sentences. This ensures that defendants are treated similarly when punished for similar crimes. 

The grid scores the seriousness of the crime and the defendant’s criminal history and then converts that score into an applicable range of jail or prison time. 

  1. Does Washington Have a Three-Strikes Law?

Washington is one of several states that has enacted a Three-Strikes Law.

The Three-Strikes Law is designed to punish persistent offenders with life in prison. Persistent offenders are offenders who commit three “most serious” offenses.

These “most serious” felony offenses include, but are not limited to :

  • Kidnapping, first or second-degree
  • Incest against a child under age 14
  • Rape, first, second, or third-degree
  • Murder, first or second-degree

Persistent offenders are sentenced to life in prison without the possibility of parole. 

Contact a Seattle Criminal Defense Attorney Today

If you are facing prosecution for a crime in Washington, reach out to an experienced criminal defense attorney at our law firm today.

When your future hangs in the balance, you want a trusted and knowledgeable Seattle defense attorney on your side. Not only will we vigorously defend your rights in court, but we will argue vehemently for reduced sentencing or appeal in the event of a criminal conviction. 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.

Statue of Justia

If you get accused of or arrested for theft in Washington State, you could face up to 10 years of incarceration and a fine of up to $20,000. You need to know what Washington’s laws on misdemeanor petty theft and felony theft say about these three things:

  • The definition of theft in Washington
  • The degrees of a misdemeanor and felony theft in our state
  • The civil and criminal penalties for misdemeanor and felony theft

A conviction for theft could ruin your future and impact your family. A Seattle criminal defense attorney can fight aggressively to build your defense and help get you the best outcome possible.

What Constitutes Felony and Misdemeanor Theft in Washington State

Our state statutes define any degree of theft as wrongfully and intentionally depriving someone of their property or services by taking or controlling those items. RCW 9A.56.020 also says that using deception to take the property or services of another is theft. Keeping lost or misdelivered property can be theft.

The value of the item allegedly taken is what makes the criminal charge a more or less serious offense. We have three degrees of theft in Washington:

  • Theft in the first degree, RCW 9A.56.030. This Class B felony includes illegally taking property or services with a value over $5,000 or taking property from someone’s person, an on-duty search and rescue dog, or certain metal property with a value over $5,000.
  • Theft in the second degree, RCW 9A.56.040. This offense is a Class C felony. Theft in the second degree can include illegally taking a motor vehicle, a firearm, certain public records, particular metals, an access device, or property or services with a value between $750 and $5000.
  • Theft in the third degree, RCW 9A.56.050. This charge is a gross misdemeanor. Theft in the third degree involves committing theft of property or services with a value of up to $750 or ten or more merchandise pallets, beverage crates, or a combination of those items. 

Your lawyer can explore whether you have valid defenses to these charges.

Criminal Penalties for Theft

RCW 9A.20.021 lays out the maximum criminal penalties for felonies and misdemeanors in our state. Class B felonies like Theft in the first degree can carry a maximum sentence of 10 years in a state correctional institution, a fine of up to $20,000, or both confinement and a fine. 

Class C felonies like Theft in the second degree can carry a maximum sentence of five years in a state correctional institution, a fine of up to $10,000, or both confinement and a fine. Gross misdemeanors like Theft in the third degree can carry a maximum sentence of 90 days in a county jail, a fine of up to $1,000, or both imprisonment and a fine. 

Special Penalties for Shoplifting in Washington

A conviction for shoplifting in our state can subject a person to civil as well as criminal penalties. If a minor shoplifts, the parent or legal guardian could have to pay the store:

  • The value of the item taken, up to $2,850,
  • The store owner’s legal fees and court costs, up to a reasonable amount, and
  • A fine that can range between $100 and $650.

The maximum amount the store can recover for the value of the item taken is $1,425 if the minor’s parent or legal guardian assumes liability, RCW 4.24.230.

A Seattle criminal defense attorney can protect your legal rights and advocate for you. Contact Jennifer today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on criminal law matters. 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.

Attorney and man discussing legal documents
A plea bargain is not a take-it-or-leave-it offer. Your attorney can prepare mitigation materials, make a counteroffer, or approach the prosecutor with a proposal before any offer is made.

You’re staring at a plea offer, and the pressure to just sign it and move on feels overwhelming. But a plea bargain is not a take-it-or-leave-it proposition. In Washington, defendants have the right to counter the prosecutor’s offer, and a skilled defense attorney can prepare mitigation materials and even approach the prosecutor with an independent proposal before a formal offer is ever made. Understanding how plea negotiations actually work, including what you give up and what you can push for, is essential before you make a decision that will follow you for years. A Seattle criminal defense attorney can evaluate every option and negotiate aggressively on your behalf.

What Is a Plea Bargain in Washington?

A plea bargain is a negotiated agreement between a defendant and the prosecutor. In exchange for pleading guilty, the defendant may receive reduced charges or a more favorable sentencing recommendation. Washington’s sentencing statutes and court rules govern these agreements. Under Washington’s plea agreement statute, the prosecutor and defense counsel may negotiate over charge reductions, sentencing recommendations within or outside the standard range, dismissal of other counts, or other promises to the defendant.

In King County, where courts manage heavy caseloads, plea bargains resolve the vast majority of criminal cases. They offer defendants a way to resolve charges with more certainty than a trial provides. Washington recognizes standard guilty pleas and Alford pleas, where the defendant maintains innocence but acknowledges the evidence could likely lead to conviction. No-contest pleas are not separately authorized under Washington’s court rules.

Can You Make a Counteroffer to the Prosecutor?

Yes. This is one of the most important things defendants need to understand: a plea bargain is a negotiation, not an ultimatum. When the prosecutor presents an offer, your attorney can accept it, reject it, or counter with a different proposal.

Your attorney can also take the initiative before any offer is made. By preparing mitigation materials, such as letters from family and employers, evidence of community ties, completion certificates from treatment programs, or documentation of mental health or substance abuse issues, your attorney can approach the prosecutor with a proposal that frames your case in the most favorable light. This proactive approach often leads to better outcomes than simply waiting for the prosecutor’s first offer.

During negotiations, offers and counteroffers are exchanged as both sides weigh the strength of the evidence, the potential trial outcome, and the interests of justice. Your attorney should keep you informed at every stage, explain the risks and benefits of each proposal, and never pressure you to accept a deal you do not fully understand.

What Rights Do You Waive When You Enter a Plea?

Accepting a plea deal means giving up several constitutional rights. These include the right to a jury trial, the right to confront and cross-examine witnesses, the right to remain silent at trial, and significant appeal rights. Washington’s court rules governing pleas require a written plea statement outlining every right you waive. You and your attorney must review and sign this statement before the court accepts your plea.

Once the court accepts the agreement, it is binding and extremely difficult to undo. Withdrawing a guilty plea after acceptance requires demonstrating “manifest injustice,” an exceptionally high legal standard that courts rarely find satisfied.

Is the Judge Bound by the Plea Agreement?

No. The sentencing judge is not required to follow the prosecutor’s recommendation. Under Washington law, the court must independently determine that the agreement is consistent with the interests of justice before accepting it. If the judge disagrees with the terms, they must inform both parties on the record, and the defendant may withdraw the guilty plea.

Washington’s sentencing framework for felonies includes standard ranges and mandatory minimums. Unless the plea agreement specifically outlines a reduced sentence, you may still face significant incarceration even after pleading guilty. This is why having an attorney who understands sentencing guidelines and can negotiate specific terms is critical.

What Alternatives Exist to a Traditional Plea?

Washington offers several alternatives for qualifying defendants that may help you avoid a conviction entirely:

  • Deferred prosecution under RCW 10.05 for cases involving substance abuse or mental health issues, which can result in charges being dismissed after completion of a treatment program.
  • Therapeutic court programs focused on behavioral health treatment rather than incarceration, available in many Washington counties.
  • Stipulated orders of continuance, where charges may be dismissed after a defendant complies with agreed-upon conditions over a set period.

Not every defendant qualifies for these programs, and each has specific eligibility requirements. An experienced attorney can assess whether any of these options apply to your case.

How to Protect Yourself Before Accepting Any Plea

Before agreeing to any plea deal, take deliberate steps to protect your interests:

  • Review the full discovery. You have the right to see the evidence against you, including police reports, witness statements, lab results, and forensic evidence. Reviewing this material with your attorney helps you assess the strength of the prosecution’s case.
  • Negotiate specific terms. Push for explicit sentence recommendations, probation conditions, and no-contact order terms. Ensure all key terms are in writing and stated on the record. Promises not included in the written plea paperwork are very difficult to enforce later.
  • Understand the collateral consequences. A guilty plea can affect employment, housing, professional licenses, immigration status, and firearm rights. Make sure you understand these impacts before you sign.

The earlier you consult with a defense attorney, the better positioned you are to negotiate. Jennifer Horwitz has over 25 years of experience evaluating evidence, identifying weaknesses, and negotiating on behalf of clients in Seattle and King County. Contact Jennifer Horwitz to schedule a one-hour consultation and protect your rights before you decide.

dog sniffing out drugs in car

It depends. Many different factors can come into play when addressing the question of whether you can be charged if you are in the car with someone who has drugs. A conviction for illegal possession of a controlled substance can be a felony punishable by imprisonment and fines in our state, pursuant to Section 69.50.401 of the Revised Code of Washington (RCW). A Seattle drug crimes defense attorney can protect your legal rights if you face possible or actual criminal charges for drug offenses.

Actual Versus Constructive Possession of Drugs

Actual possession of drugs means that an individual has drugs on his or her person. Examples of actual possession include:

  • Drugs or contraband in a person’s pocket, tucked inside of clothing, concealed in or under a hat the person is wearing.
  • Drugs or contraband in a person’s wallet, purse, backpack, briefcase, tote, or another item the person is carrying when approached by law enforcement.

If someone else in a car with you has drugs and law enforcement also discovers drugs or contraband on you in one of those locations, you might get charged with illegal possession of a controlled substance.

Constructive possession of drugs means that the drugs are not physically on the person, but law enforcement finds the substances in a place where the accused has dominion and control. For example, the driver and owner of a car might get charged with possession, based on constructive possession if law enforcement finds drugs in the console, glove compartment, or trunk of a car. 

Constructive possession is a murky legal concept in our state because the law does not include a concrete definition of the terms for purposes of drug possession. Courts look to the totality of the circumstances to determine whether a situation constitutes constructive possession.

Unwitting Possession

The lack of intent to possess drugs is not a defense, but unwitting possession can be a defense to criminal charges. By way of example, if a person wore a pair of jeans that had drugs in the pocket from a previous day’s wearing and did not intend to carry drugs the day the drugs got discovered by law enforcement, that lack of intent is not a defense. 

A person who mistakenly picks up someone else’s backpack, however, that contained drugs, that situation can be unwitting possession. If proven with credible facts, the accused can have an affirmative defense.

When a Person Might Face Charges Without Having Actual or Constructive Possession

If a person in a car appears to be under the influence of a controlled substance, and someone else in the car has possession of drugs, the impaired person could be under suspicion. Also, if the person in the car found with the drugs tries to cast blame on others in the car, there might be a factual dispute as to who owned the drugs. 

The person found with the drugs might claim that someone else in the car planted the drugs on them. It is possible to face charges even without being found in actual or constructive possession of drugs.

These cases are complicated and carry serious potential consequences. Anyone facing criminal charges involving drugs or contraband should talk to a Seattle drug defense attorney to build a strong defense and aggressively pursue the best outcome in the situation. 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.

white collar crime

White-collar crimes do not involve physical violence. Instead of using physical force or the threat of such action, the white-collar crime alleged victim claims that the accused obtained the money or other assets through fraud or trickery. A conviction of a white-collar crime can send a person to a correctional institution for months or years and impose a fine of thousands of dollars, according to Section 9A.20.021 of the Revised Code of Washington (RCW). 

If someone accuses you of committing a white-collar crime, a Seattle white collar crimes attorney can protect your legal rights and fight to get you the best result possible. Be sure to talk to a lawyer right away before things happen that can cause irreparable harm to your case.

Identity Theft

The term “identity theft” makes people think of a stranger in another country who buys Social Security numbers and other personal data, then uses it to steal the life savings of innocent people. While that scenario does happen, you might find yourself wrongly accused of identity theft after a relationship ends badly. 

Your former friend could try to exact vengeance by getting you arrested on false allegations of identity theft. For example, if you had permission to use that person’s debit or credit card to make purchases, after the relationship sours, you might get accused of using the card without permission.

Embezzlement

Common examples of embezzlement include store cashiers who pocket cash from the register, bank workers who dip into inactive accounts, and office managers who skim money from the boss. A person does not have to steal from an employer, however, to get charged with embezzlement. 

Money can “go missing” from any type of business, particularly those that handle a great deal of cash. Let’s say that the store manager claims that money is missing from the office’s safe. She accuses you of stealing the funds. There are several reasons you could get falsely charged with embezzlement:

  • The manager stole the money and accused you of theft as a scapegoat.
  • Someone else took the money.
  • No one stole the money. The manager miscounted or made some other mistake.

Regardless of the reason, a false allegation of embezzlement could ruin your career.   

Mail and Wire Fraud

If someone uses the postal service to commit fraud, the charge can be mail and wire fraud. For example, “junk mail” that makes offers of home repairs and remodeling might be a front for an illegal financing scheme.

Elder Financial Abuse

Every year, seniors lose billions of dollars to others. Sometimes, the older adult merely made a poor financial decision. In some other situations, the senior got tricked out of money through a financial abuse gimmick like the emails that tell people to send them thousands of dollars to collect an inheritance from a relative they never heard of in another part of the world. 

Money Laundering

Law enforcement investigators tend to file charges of money laundering when they cannot make a case against someone for the suspected underlying activity. An example of this is when a person gets accused of setting up a money-losing business to legitimize profits allegedly made from illegal activity. These cases are sophisticated and often involve forensic accounting.

A Seattle White Collar Crimes Attorney can evaluate your situation and build a defense while making sure that the court system does not trample on your legal rights. 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.

department of justice making a statement about telemedicine.

The United States Department of Justice (DOJ) created the Criminal Division’s Health Care Fraud Strike Force Program, which led the 2020 National Health Care Fraud and Opioid Takedown operation. The Takedown operation charged more than 300 individuals with allegedly committing healthcare fraud and prescribing missions of opioids. The charged schemes total more than $6 billion dollars in criminal activity. 

The DOJ filed criminal charges against more than 50 doctors, more than 20 healthcare company executives, and a total of more than 100 licensed medical professionals. More than $4.5 billion of the charged activities involve the use of telemedicine. If you are one of the medical professionals, telemedicine providers, or substance abuse treatment centers targeted by the DOJ, a Washington criminal defense attorney could help protect your legal rights.

The Telemedicine Aspect of the Take Down Charges

The use of telemedicine has increased during the last few years. During the COVID-19 quarantine, telemedicine became a medical lifeline for many Americans who were following stay-at-home guidelines and limiting their face-to-face interactions. 

Even before the COVID-19 pandemic, people in isolated or rural areas with limited options for medical services found telemedicine a practical way to obtain routine medical services. Some people who cannot visit their healthcare provider for logistical and other reasons benefit from telemedicine programs.

The DOJ says that some alleged criminals exploited telemedicine to generate massive amounts of illegal medical bills. In a New Jersey federal court, a group of healthcare professionals stands accused of submitting more than $522 million in false and fraudulent genetic testing billing to Medicare through a telemedicine scheme that included patients in every state. Also, a doctor in Illinois faces charges of submitting $145 million in fraudulent genetic testing bills.

Substance Abuse Treatment Centers

Both inpatient and outpatient treatment centers for substance abuse and addiction got caught up in the 2020 National Health Care Fraud and Opioid Takedown. In one county in Florida, the DOJ charged 10 defendants with a $91 million fraud scheme at inpatient and outpatient addiction treatment centers in that county. Three doctors, two clinic owners, and a CEO are some of the defendants in that case.

The DOJ is going after not only doctors and clinics for allegedly submitting bills to Medicare and insurance companies for unnecessary testing or services that patients did not receive or need. The DOJ expanded its net to charge laboratory owners with participating in fraud schemes. These criminal charges allege that, in one case, the doctors and lab owners worked together to prescribe and distribute more than 27 million doses of opioid drugs at a cost of over $40 million.

Some of the sanctions include the revocation of billing privileges with Medicare and Medicaid for more than 250 healthcare providers. The individuals and businesses accused of telemedicine fraud and other illegal activity also face the possibility of prison sentences and hefty fines. Medical professionals could lose their licenses to practice medicine and have their reputations destroyed.

A Washington criminal defense attorney could help if you get caught up in this or a similar takedown operation. Contact us today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on criminal law matters. 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.