The post Defending Against Charges of Domestic Violence appeared first on Jeniece LaCross, Attorney At Law.
]]>Domestic violence is a collective term for a whole host of actions if done to someone in your family or household. Contrary to popular belief, you do not need to touch someone to be found guilty of domestic violence. These are some the different forms of domestic violence that Washington state considers:
If someone in your household calls the police to report you have done one of the above, the officers that come to investigate could arrest you — if the police have reason to believe that the report is valid, was sufficiently serious and happened within the last four hours.
If you were fighting with someone else in your household, the police do not need to take both people away. They will take away the person they believe did most of the assaulting. If you broke a No Contact Order or Civil Protection Order by being where you were, the police are required to arrest you.
Being accused of domestic violence is not something to take lightly. Even if the person who accused you changes their mind, the prosecutors in charge of the case could decide to continue. Being found guilty could cost you your children and your liberty.
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]]>The post Divorcing in Washington? Get to Know the Basics appeared first on Jeniece LaCross, Attorney At Law.
]]>Your divorce may be complex, which is why it’s smart to look into your legal options early in your case. Though it may be emotional, having a family law attorney on your side to protect your interests will help you stay on track and get more out of your divorce.
If you plan to get divorced, there are a few things you should know.
As you can see, there are many factors playing a role in your divorce. Our website has more on what to expect if you pursue a divorce in Washington.
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]]>The post What is Third-Party Custody in Washington? appeared first on Jeniece LaCross, Attorney At Law.
]]>If you love children who are going through a difficult time, you may want to step up and fulfill the parental obligations that are currently going unmet. Thankfully, Washington state law does recognize the right of third-party individuals, including grandparents, to seek custody of children in certain circumstances.
The third-party adoption laws in Washington are intentionally broad because biological relationships don’t always directly correlate to the value or quality of a relationship between people. The best friend of a deceased parent could potentially be a better adoptive parent than a biological aunt or uncle.
As such, the law gives a judge hearing a petition for third-party adoption plenty of discretion in order to allow anyone who has the desire and capability of providing for children the right to potentially seek custody.
The primary factor that will guide how the courts rule in these situations will be the best interest of the children. In other words, the courts want to see a positive, pre-existing relationship. They also expect that those seeking custody through third-party custody laws will have the resources to provide a basic standard of living for the child or children they seek to adopt. If you believe you can provide the parental support children you know need, you may be able to formally adopt them.
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]]>The post Is Being Drunk a Defense to Theft Charges? appeared first on Jeniece LaCross, Attorney At Law.
]]>For instance, what if you were intoxicated at the time? You went to a bar, you had a bit too much to drink, and you grabbed a coat on the way out. Little did you know that it was a very expensive leather coat, not your far-less-expensive faux-leather jacket. You only discovered that the next morning when you woke up and realized you had brought home a coat that was not yours.
In some cases, you can use this type of confusion and intoxication as a defense. The idea is that theft itself requires intent. Accidentally grabbing something that isn’t yours, while honestly thinking that it is, appears far different to the court than making a deliberate effort to take something that does not belong to you. If you were drunk and had no intent to commit theft, was it really theft or just a mistake?
That said, this defense doesn’t work in all cases. Maybe the alcohol just lowered your inhibitions and so you engaged in risky behavior — deliberately stealing the item — that you wouldn’t have engaged in otherwise. That’s still theft because you intended to steal the item, even if the alcohol made it more likely that you would do so.
As you can see, things often get complicated and are far less straight-forward than you would assume. If you find yourself in this situation and facing some serious charges, you must know what legal options you have.
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]]>The post You Can’t Always Trust an Eyewitness appeared first on Jeniece LaCross, Attorney At Law.
]]>It’s not that the eyewitness is lying. It’s not even that they think they may be wrong. Instead, the issue is that the eyewitness is confident despite being mistaken or giving an inaccurate testimony. Some experts even go so far as to say that the idea that an eyewitness is a terrific source of information is a complete myth.
The problem with eyewitness testimony has been exposed, at least in part, by the rise of DNA evidence. It is even more accurate and can really prove if someone was at the scene of the crime or not. When using DNA on old cases, the authorities have started finding hundreds of cases where people were wrongfully convicted. DNA proves that they were telling the truth all along when they claimed to be innocent.
In a lot of these cases, an eyewitness testified that the person was there. That testimony, which the court now knows was wrong, was a big part of the decision to convict in the first place.
If you have been accused of any crime, no matter how minor or how serious, it is important to know all of your rights and to remember that the courts do make mistakes with inaccurate evidence.
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]]>The post Will a DUI Affect Your Divorce? appeared first on Jeniece LaCross, Attorney At Law.
]]>You’re right that a DUI conviction could have an impact on your case. It may add additional financial stress and could impact child custody matters. A judge isn’t going to be as understanding of a parent who gets a DUI compared to one with no history of violating the law.
That doesn’t mean that the DUI has to tank your divorce. You still have a right to defend yourself and your case. Your criminal defense attorney can help you find a viable defense for your case. They can also work to reduce the financial, social and administrative consequences that you may face if convicted.
Your attorney can also work with you to minimize the impact your arrest has on your divorce. While it may come up in discovery or in court, being able to show that penalties were reduced or that the case was discharged will help you significantly. In the meantime, your attorney can also suggest ways that you can show you take responsibility for your mistakes. Appearing respectful and being honest with the judge will do nothing but help your case.
A DUI can be serious during a divorce, but with good legal counsel, you can minimize the risk of a DUI conviction adversely affecting your case. Our website has more information if you’re facing a DUI with a pending divorce.
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]]>The post How a Fight Involving Two People Leads to One Charge appeared first on Jeniece LaCross, Attorney At Law.
]]>When officers respond to a call made by one of those individuals or by a neighbor concerned because of the noise that the argument or altercation has created, the officers will typically need to make a judgment call after looking at the evidence and hearing the story that each of the people present offers.
The officers may choose to have one person leave the house or may arrest one of the individuals and charge them with domestic violence.
The individual that officers blame for a domestic violence situation will vary depending on a number of circumstances. They may assume that the person with worse injuries is the victim, even if they incurred those injuries because the other person attempted to defend themselves against a threat or act of violence.
Officers may also look at previous arrest records or make a decision based on the statements made by the person who called the police. Generally speaking, the goal is to arrest the aggressor, but that isn’t always what happens. Sometimes, when both people claim the other one started the altercation, police arrest the person they think is more likely to blame, which may not reflect the facts of the situation.
Domestic violence charges can carry a host of consequences for the person accused, including potential limitations on the right to possess a firearm or even limits on where you can go and who you can socialize through no-contact or protective orders.
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]]>The post Paid for Your Spouse’s Education? You Might Get That Money Back appeared first on Jeniece LaCross, Attorney At Law.
]]>While training at the new, higher-paying job that their schooling allowed for, they met someone. Now, you’re shocked that you won’t be the one to benefit from all the schooling that you paid for. What can you do? Can you ask for that money back in the divorce?
Spousal support could be one answer to your questions. Spousal support is generally provided to a lesser-earning spouse who needs financial support to support the same kind of lifestyle that they currently have (within reason). For example, if your spouse is now earning $100,000 per year and you make only $50,000, then the court could ask your spouse to give you support to make up some of that difference while you focus on your career, going back to school or just try to get back on your feet. Spousal support is usually temporary, which is something to keep in mind.
Another option is to ask for repayment when you negotiate for the property. Your spouse may give you a greater portion of your marital assets as a kind of repayment or pay you out in cash or liquid assets.
Your attorney will help you negotiate if you’d like to try to get that money back in any way.
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]]>The post What Does the “Best Interests of the Child” Mean in a Custody Decision? appeared first on Jeniece LaCross, Attorney At Law.
]]>The court generally recognizes the sanctity of the parent-child relationship and aims to preserve that relationship as much as possible — with both parents. It takes a very strong reason, like a history of domestic violence or mental instability, for a court to even consider not giving a parent some kind of custody or visitation with their child.
What this means, in a nutshell, is that the court considers the needs and desires of the parents secondary to the needs of the child. The court also has a considerable amount of leeway when it comes to how it determines the child’s needs. Some of the things a judge may consider when allocating custody in a dispute include:
If that sounds like a pretty broad list, that’s because it was designed to give family court judges the maximum range to consider anything that might be relevant to their decision-making process.
Custody battles are always highly charged and emotional situations. An experienced advocate can help you better understand your options and what can be done to obtain a favorable outcome in your case.
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]]>The post Flunking a Roadside Sobriety Test when You’re Sober: How it Happens appeared first on Jeniece LaCross, Attorney At Law.
]]>Big mistake. The next thing you know, you’re being asked to step outside of the car while the officer performs roadside testing on you that is designed to ascertain your sobriety. When you fail it, you’re arrested — even though a Breathalyzer test shows that you’re well below the legal limit for intoxication.
One of the most commonly used roadside sobriety tests is called the horizontal gaze nystagmus (HGN) test — and it’s also one of the easiest to fail even when you’re stone-cold sober. It basically involves officers asking you to follow a small, moving object (like a pen or a penlight) with just your eyes while the officer watches. If your eye motions are smooth, you pass. If your eye motions are jerky or involuntarily jump around, that’s a sign that’s supposed to indicate you’re impaired by drugs or alcohol.
The problem with the HGN test is that it is deeply flawed. In ideal conditions, it can often indicate drug or alcohol intoxication, but being asked to perform the HGN at the side of the road, with police lights flashing and traffic passing by is hardly ideal. Plus, any number of common conditions can interfere with your ability to maintain a steady gaze on a moving object, including:
In other cases, defendants “fail” the HGN test simply because the officer performing it is badly trained and doesn’t recognize normal eye motions.
If your drunk driving charge relates to a failed horizontal gaze nystagmus test, find out more about your options for a defense.
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]]>The post Fight Your DUI so You Can Minimize Its Impact appeared first on Jeniece LaCross, Attorney At Law.
]]>Of the problems a DUI can bring, the destruction of your career is one to watch out for. While many people are lucky and don’t need to drive specifically for work, those who do may lose their licensing or be unable to complete their job while awaiting a conditional license. If your license is suspended and you’re a commercial driver, you could find that your employer doesn’t want to keep you on board any longer.
Some workplaces have mandatory firing policies, which is something to watch out for. If your employer has one, a conviction could lead to job loss.
Even if your DUI doesn’t lead to the loss of your job, it can make it harder for you to get there. Your car insurance may become more expensive, and you might have to rely on others to get you to and from work until you can drive again.
Beyond your job, you could find that you have other issues, too. Initially, you’ll have many bills associated with the DUI, like paying for bail or increased insurance rates. You might have to pay fines or pay for diversion program.
Overall, your DUI may have an impact financially, socially and for your career, but you can work to minimize the risk by fighting the DUI charge with the help of your attorney. Our website has more information on what to do if you’re accused of a DUI.
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]]>The post How Well Do You Understand The Concept of Community Property? appeared first on Jeniece LaCross, Attorney At Law.
]]>Community property is a common term used to refer to the assets and debts acquired by a married couple during their marriage. Washington is among a minority of states that currently uses the community property standard in the asset division process for contested divorces.
If you and your spouse can’t agree on terms before you file and you never signed a prenuptial agreement, you will likely have contested divorce proceedings where the courts make the major decisions. Once you understand what constitutes community property, you can better strategize for how to handle your divorce and adjust your expectations regarding the outcome.
When the courts say that something is community property, what they mean is that both spouses have a shared interest in that asset or debt. People may find this confusing, particularly in scenarios where one spouse earns substantially more than the other or where many of the assets for the household get held in only one person’s name.
Regardless of whose name is on the account, the debts and assets you gain throughout the marriage belong to both spouses. Certain assets and debts will be separate property in a Washington divorce. Anything owned or accrued prior to the marriage, as well as items designated as separate property in a prenuptial agreement, and inheritances or gifts will typically remain separate property owned by only one spouse.
Most everything else, from the house you lived in to the mortgage that funds the property, will likely be community property subject to division. Naturally, the status of some assets may not be clear, so discuss your specific situation with an attorney.
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]]>The post Divorcing? Avoid These Parenting Mistakes appeared first on Jeniece LaCross, Attorney At Law.
]]>You can help your children to thrive despite the split by making sure they have a stable and loving environment. There are several things that you should avoid because they work directly against those efforts.
Every decision you make has to be based on what your child needs. Making sure they have what they need while they’re adjusting to this new way of life is one of the best things you can do for them.
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]]>The post What is Shoplifting or Attempted Shoplifting in Washington? appeared first on Jeniece LaCross, Attorney At Law.
]]>Someone can wind up charged with shoplifting for taking items from a store without paying for them or for attempting to do so. There are a variety of actions that can fall under the umbrella of intentionally depriving the business of the full value of its merchandise that could lead to criminal charges.
The most common kind of shoplifting involves an individual concealing items on their person or in their clothing. Slipping a DVD into your coat or an eyelash curler in your pocket could constitute shoplifting, as could putting on a necklace, forgetting to take it off and leaving the store.
However, people may also attempt to hide items in strollers or underneath carts and exit the store without paying for them. Some people will go even further, altering, swapping or replacing the UPC code on a product to ring it up as something less expensive.
Shoplifting increases prices on items and costs to retailers, which is why many stores are aggressive in their prosecution of suspected shoplifters. Many retail facilities have specialized professionals, known as loss prevention staff, who monitor high-risk areas for signs of shoplifting. Many times, people accused of shoplifting don’t ever even leave the store.
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]]>The post What Happens after a First-Time DUI Arrest in Washington? appeared first on Jeniece LaCross, Attorney At Law.
]]>As someone unfamiliar with the inner workings of the criminal justice system, you may worry about your future and the impact these charges could have on your life. Once you understand how Washington State penalizes impaired driving offenses, you can make a better decision about how to manage your criminal defense strategy.
As with most forms of crime, the consequences associated with Washington DUI charges increase with the number of charges a person has on their record. A first-time offender will have the most lenient potential penalties, but that doesn’t mean that the consequences are negligible enough to warrant a guilty plea just to avoid going to court.
A first-time DUI conviction can result in up to 364 days in jail, fines of as much as $5,000 and loss of your license for 90 days, followed by another year of ignition interlock compliance requirements. For those who have exceptionally high blood alcohol content (BAC) levels at the time of their arrest, meaning .15% or higher, the license suspension could last as long as two years.
Additionally, up to five years of probation could result from a first-time offense. Second offenses will result in even more significant charges, which is one compelling reason why avoiding a first conviction is in your best interests.
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]]>The post Is the Fear of ICE Keeping Immigrants from Justice in Washington? appeared first on Jeniece LaCross, Attorney At Law.
]]>The goal isn’t to stop ICE and Border Patrol agents from doing the jobs. Instead, the goal is to ensure that everyone in this country has equal access to the courts. Without that, it’s impossible for some people to testify in court, seek protection orders, obey a summons, fight criminal charges or even just pay a traffic ticket without fear of being arrested.
Courthouse arrests by plainclothes ICE agents have become so problematic that state Attorney General Bob Ferguson has even filed a lawsuit over the issue. Former Chief Justice Mary Fairhurst even twice asked ICE to treat courthouses as sensitive locations over the years, going as far back as 2017. Just the same, advocates for the state’s immigrants say that courthouse arrests continue.
It’s important to remember that many people who get dragged into the justice system are actually innocent. Some may be the victims of crimes. Others may be falsely accused. Many may be potential witnesses who are needed to testify in criminal cases. Washington wouldn’t be the first to ban warrantless arrests in and around courthouses, as states around the nation grapple with the issue.
Stand up for your rights after being charged with theft, drunk driving or something similar with the help of an experienced legal advocate. The judicial system doesn’t make it easy to protect yourself, but an attorney can help.
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]]>The post Washington and Latest Research Agree about Child Custody appeared first on Jeniece LaCross, Attorney At Law.
]]>What works best for divorcing adults? How will single parenthood affect their lives? These may be excellent questions. But Washington State focuses on the children who, after all, have the least control over their own lives.
Research shows that when parents share the child’s time, the result is typically a better life for the child. The goal is a stable situation with two parents doing their best to keep the children healthy and safe, even when the parents have divorced and now live apart.
A striking message in many of these studies is that the pattern is surprisingly consistent. It often holds no matter the parents’ income, how strongly they conflict or even the quality of the relationships between a parent and child. It seems that trying to keep the child with both parents is worth the effort in most family law cases.
Washington says its goal in custody decisions is solely to look after the child’s best interests. The policy is for courts to focus on the child’s life, with special attention to a healthy relationship with each parent.
In the usual case, the court expects parents to work together to create and agree on a detailed, thorough, well-considered plan for sharing custody.
The court then decides if the plan is good enough to approve. If the parents cannot overcome their differences, courts often order alternative dispute resolution, such as mediation or arbitration. Finally, if all else fails, the court creates a parenting plan and orders the parents to follow it.
Regardless of the path to the plan, the child’s best interest is squarely in the court’s sights.
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]]>The post Blocking a Report of Domestic Violence is a Crime appeared first on Jeniece LaCross, Attorney At Law.
]]>More seriously, after a jury finds a person not guilty of domestic violence, it may suddenly make more sense if they believed a report was the wrong thing to do.
Under Washington law, you commit the crime of interfering with a domestic violence report if you:
The crime of interference is a “gross misdemeanor,” meaning potentially 364 days in county jail and/or $5,000.
All the crimes of domestic violence in Washington would be crimes no matter who committed them or who their victims were. But like many other states, Washington defines domestic violence as another crime but committed between people having certain kinds of relationships.
When a crime is committed, for example, by one family member against another, that can mean a domestic violence charge. Burglary is always a crime. If the victim is the former spouse of the suspect, it is also domestic violence.
Trying to interfere with a report of domestic violence is probably an exception since it is not also a crime in other contexts. However, its statistics on domestic violence suggest the state has good reason to deter family members or intimate partners from keeping one another from talking to the police.
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]]>The post A Look at Domestic Violence Cases in Washington State appeared first on Jeniece LaCross, Attorney At Law.
]]>Authorities say the number of people seeking legal protection orders has surged to more than 500 a month from an average of about 300 per month. About a year ago, the county launched a program to more rapidly send details of protection orders to the Spokane Police Department, which then passes the on to other police departments in the region.
It isn’t clear to officials there if the program is linked to the increase in protection orders.
Here in Washington, state law says that domestic violence is virtually any criminal act by a family/household member against another family or household member.
The five primary types of abusive behaviors:
As a number of our readers know, we live in one of the states in which the law requires a cop who responds to a domestic violence call to make an arrest if the officer has probable cause to believe that either an assault or other serious domestic violence incident took place within the past four hours.
What if the officer believes household or family members have assaulted each other? The cop will arrest the person believed to be the primary aggressor.
It should be noted that Washington State law mandates officers to make arrests for any violations of Civil Protection Orders and No Contact Orders.
It should also be noted that a prosecutor is not required to drop charges just because someone has changed their mind about domestic violence allegations. While a prosecutor has the authority to drop the charges, a judge must approve that decision.
In some situations in which a person changes their mind, prosecutors might decide to press ahead with the case regardless.
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]]>The post Report: Breath Tests in DUI Cases often Unreliable appeared first on Jeniece LaCross, Attorney At Law.
]]>If you blow into the machine, it is likely to generate a reading that effectively guarantees a DUI arrest and conviction. If you don’t blow into it, the state of Washington can suspend your driver’s license for up to two years. Unfortunately, breath-test machines are unreliable – a conclusion reinforced by a recent investigation of the technology by the New York Times.
Times’ reporters found “tens of thousands” of tests taken with Breathalyzers and other testing machines were thrown out of court because the results could not be trusted by judges.
The Times states that judges across the nation “have tossed out more than 50,000 tests in recent years because of problems with specific machines, errors made by police officers and mistakes by labs that set up and maintain the devices.”
Also problematic: breath-test machine makers consider their tech proprietary trade secrets, so they battle to maintain secrecy and deny criminal defense attorneys the opportunity to examine the technology.
The Times says “even systemic problems rarely come to light” because of the secrecy and the lack of oversight of state labs and police departments.
The price of the secrecy and unreliability can be steep, as evidenced in Massachusetts, where the state tossed out eight years of flawed breath tests.
In New Jersey, 13,000 drivers who were convicted of DUI with flawed breath tests can have their cases retried.
The first step in fighting a drunk driving arrest is to speak with a lawyer who knows Washington State law and the courts and how to protect your rights, freedom and driving privileges.
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]]>The post Self-Checkout Systems and the Advent of Shoplifting Machines appeared first on Jeniece LaCross, Attorney At Law.
]]>While it might seem like a completely different situation, manipulating a store’s self-checkout system is theft and individuals can likely be charged with shoplifting. According to The Atlantic, the number of worldwide self-checkout terminals are expected to number 325,000 by next year. In 2013, there were 191,000 such terminals.
With this proliferation of technology, many shoppers are finding ways around the system.
Many individuals have stated that they routinely steal due to taking a stance against the very issue the retailers are trying to improve – payroll. People consider the store corrupt by forcing customers to become cashiers – essentially free labor. Make no mistake, though, this type of protest is still shoplifting no matter what personal rationalizations against a faceless corporation the customer can create.
Theft crimes are taken quite seriously in Washington. Depending on certain factors including the value of the items, individuals can face jail time, fines, restitution and community service. Do not hesitate to discuss your unique situation with a skilled criminal defense attorney.
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