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The Washington Criminal Law Blog

What Is the Interstate Commission for Adult Offender Supervision?

Posted Thursday, June 8, 2017 by Lizanne Padula.

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Overseeing Adult Offenders

Folks who have committed a felony and been released from jail (often referred to as “adult offenders”) will likely need continuing supervision. Typically, this means they are released on parole or probation into the community. When offenders move, supervising them in the new community can get complicated. What jurisdiction oversees the supervision? Can offenders move wherever they want? And how can they stay in compliance with their community supervision if they move to a different state?

To alleviate some of the problems related to moving adult offender populations in the community, a group of member states came together to form an interstate agreement on how to uniformly supervise certain adult offenders.

The Interstate Compact for Adult Offender Supervision, helps improve public security by placing regulations on the interstate movement of certain adult offenders. The Interstate Commission for Adult Offender Supervision oversees the administration functions of this agreement.

The Commission establishes a set of rules by which states, including Washington, must oversee the transferring and tracking of adult offenders under supervision, provides guidelines on adult offender data collection and oversees training for the implementation and enforcement of the Compact. In other words, you need permission before you move and you will be supervised in your new community just like you were before your move.

Know What You Are Up Against

Learning about the limitations and restrictions adult offenders face can give you an idea of just how much is at stake when you are facing criminal charges. Even after you’ve served your time and paid your fine, you could face years of supervision in the community, and this supervision can cost you time, money, and freedom. You also need to fully understand your charges, what a conviction means (long term and short term) and what you can do to defend yourself against these charges.. You need to speak with a skilled Washington criminal defense attorney if you have questions about the penalties you could incur from your charges. An attorney can inform you about all the possible consequences and can make sure your case is defended properly .If you are facing charges, your first step should be calling an experienced Washington criminal defense attorney.

Have you been arrested? The skilled attorneys at Padula & Associates, LLC can help you understand the charges against you and help you fight them. Our attorneys are experienced in all aspects of criminal defense and they will fight your charges with you. For more than 20 years, Padula & Associates has been serving those in King County, Snohomish County and all over Washington State with aggressive criminal defense services. Call us 24/7 at 425-883-3366, email us at info@paduladefense.com or fill out our online free consultation form today.

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The Benefits of Sealing a Juvenile Record

Posted Tuesday, June 6, 2017 by Lizanne Padula.

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Putting the Past Behind You

Most of us made mistakes when we were younger. If the mistakes are really bad they may result in a juvenile criminal record, and those can haunt you for many years to come. While a Juvenile records is harder to see than an adult record, contrary to popular belief, juvenile records still remain a part of the public record until they are sealed. Fortunately, you can ask the Court to seal your juvenile record. This makes it inaccessible to most, but not all, of the public. However, your juvenile record will still exist and may even be unsealed if you are convicted of another crime. Nevertheless, sealing your juvenile record will still bring many benefits, a few of which I outline below.

Private consumer credit reporting companies that perform background checks for employers, landlords, lenders and certain licensing agencies will not have access to your juvenile record after it is sealed. You need to know, however, that it could take a few months for these companies to update their records. During this time your juvenile record may still be accessible. To avoid any surprises, it’s always a good idea to get a copy of your own background check a few months after your record is sealed to ensure that the information is accurate and has been affected by your efforts to seal your Juvenile criminal history.

Peace of mind alone may be one of the biggest benefits of cleaning your criminal record. This can help you be a more competitive applicant for jobs and housing. It can also mean you are eligible to hold certain professional licensures and certifications. Nobody wants their youthful indiscretions to hold them back when applying for a job, housing, license or loan.

Especially in today’s competitive job market and even tougher housing market. The process and expense to seal your juvenile record can be well worth it.

Now the Hard Part

While the information above should give you an understanding of the benefits you will reap from sealing your juvenile record, you also need to understand the eligibility requirements and the procedural steps that you will need to complete to seal your record successfully. Legal guidance is essential. The Court will not give you legal advice nor will it overlook any mistakes in your pleadings. To maximize your chance of getting your juvenile record sealed, you should have an attorney help you with the process. A skilled Washington criminal defense attorney can help you file a Motion to have your juvenile record sealed and will make sure your case is handled properly.

The skilled attorneys at Padula & Associates, know how difficult the process can be and they will assist you every step of the way. Our attorneys are experienced in all aspects of criminal defense and with our help you can fight your charges with confidence. For more than 20 years, the lawyers at Padula & Associates have been serving those in King County and Snohomish County with aggressive criminal defense services. Call us 24/7 at 425-883-3366, email us at info@paduladefense.com or fill out our online free consultation form today.

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How Do I Qualify for Deferred Prosecution for a DUI?

Posted Thursday, May 25, 2017 by Lizanne Padula.

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Treatment Instead of Punishment

When facing DUI charges, there may be more than one possible resolution. Certain offenders may be eligible for a deferred prosecution. The deferred prosecution program allows DUI defendants who suffer from addiction to go through treatment for their dependence instead of being convicted. The program focuses on rehabilitation rather than punishment and is designed to decrease the likelihood of repeat offenses. To be eligible, you must be diagnosed as having an alcohol or drug addiction of a significant mental health issue..

Meeting the Requirements

To be eligible for a deferred prosecution of your DUI charge, you must meet the following requirements:

• This must be your first time entering into a deferred prosecution program (you only get one in a lifetime)• You must be diagnosed with a mental illness or a substance dependence, and• You must be able to complete all the requirements (including financial) of the prescribed treatment program

These eligibility requirements may seem simple, but completing the two year program won’t be. Not everybody will have the self-determination to stay dedicated to the program. The treatment program lasts for two years and requires a combination of inpatient and/or intensive outpatient treatment, two self-help meetings per week and random drug urinalyses (UAs). Then there is an additional three years of sobriety and law abiding behavior for a total of five years. A deferred prosecution program is a large commitment and should not be used solely to escape the penalties of a DUI conviction.

An attorney can help you determine whether the deferred prosecution program is right for you. While deferred prosecutions can be an outstanding tool in some cases, they are not right for everyone. First, in our opinion, a deferred prosecution is almost never a good idea for a first DUI. Deferred prosecutions should be used when the individual is facing at least their second DUI, is committed to sobriety with the mindset to successfully complete the heavy requirements of a DUI and there is no other viable way to resolve the DUI. You should always fully explore all your options when facing DUI charges; especially considering the long-term consequences of a DUI conviction or a deferred prosecution.

If you are facing charges for a DUI, the skilled attorneys at Padula & Associates, LLC understand how stressful your situation can be and can explain and defend your rights. Our attorneys are experienced in all aspects of criminal defense, and they will help you face your charges with confidence. For over 20 years, Padula & Associates has been serving those in King County, Snohomish County and throughout Washington State with aggressive criminal defense services. Call us 24/7 at 425-883-3366, email us at info@paduladefense.com or fill out our online free consultation form today.

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What Crimes Can Be Charged as Domestic Violence?

Posted Tuesday, May 23, 2017 by Lizanne Padula.

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Domestic Violence Crimes

In Washington, almost any crime can be charged as a domestic violence crime. These include misdemeanors, gross misdemeanors and felonies. A domestic violence crime is defined, not by the crime but by whom the alleged victims. The focus is on the relationship with the alleged victim in determining if the “DV” label will be applied. The most common crimes that can be charged as involving domestic violence include such offenses as:

• Assault: “Assault”, as Washington defines it, is the intentional touching of another person in a way that is harmful or offensive regardless of if it results in a physical injury

• Harassment: Harassment, as defined by the Washington statute, is knowingly and unlawfully threatening someone where that person has a reasonable fear that the threat will be carried out.

• Malicious Mischief: Malicious mischief is intentionally causing physical damage to someone’s property.

• Interfering With Domestic Violence Reporting: This occurs when someone commits an act of domestic violence and prevents or interferes with the victim calling 911, reporting the incident or seeking medical assistance.

• Almost any crime that has a victim can get a DV label

Crimes may be charged as a crime involving domestic violence if the alleged victim is a family or household member as defined by the Washington statute. This can be the past or present spouse, domestic partner, cohabitant, the parent of your child (regardless of the relationship you have with him or her), adults related by blood or marriage, persons 16 years or older who live together or have lived together and have or have had a dating relationship, persons 16 years or older who have or have had a dating relationship and anyone with a biological or legally established parent-child relationship.

The definitions above are a general recitation and do not cover all the details of the state law.. That being said, you need to speak with an attorney about how these definitions may have a bearing on your case. It is imperative you speak with an experienced Washington domestic violence defense attorney if you are facing charges for a crime involving domestic violence. Domestic violence charges are always complex and can have more severe consequences than a non DV conviction. to face them in court. Speak with an attorney today about the specific charges you are facing. Having an experienced attorney by your side will ensure your case is handled properly.

If you have been arrested for a crime involving domestic violence, the skilled attorneys at Padula & Associates, LLC understand how stressful your situation can be and can help you fight the allegations. Our attorneys are experienced in all aspects of criminal defense, and they will help you face your charges with confidence. For over 20 years, Padula & Associates has been serving those in King County, Snohomish County and throughout Washington State with aggressive criminal defense services. Call us 24/7 at 425-883-3366, email us at info@paduladefense.com or fill out our online free consultation form today.

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What You Need to Do if You Have an Arrest Warrant

Posted Thursday, May 18, 2017 by Lizanne Padula.

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Dealing With a Warrant

If you know you have an outstanding arrest warrant, you need to take action immediately. Do not assume it will all somehow blow over. It won’t unless you speak with an attorney and get the warrant resolved. Unfortunately, many people don’t know what to do and choose to try and ignore it. For obvious reasons, this is a bad idea. If you have an outstanding warrant in Washington State, here is what you should know:

If you have an outstanding warrant, you need to take steps to quash this warrant. This is the only way to eliminate the risk of being arrested. The specific process for quashing a warrant can vary from jurisdiction to jurisdiction, but, in general, there are a few different ways you can do this.

Option One: You can turn yourself in to be arrested. In most jurisdictions, this will mean at least a night in jail and then a court appearance where the judge may hold you in custody or release you. This certainly isn’t going to be easy or painless. Luckily, you have other options.

Option Two: You can contact the court that issued the warrant to discuss your quashing options. This could be a Municipal, District or Superior Court. Depending on the court, you may be able to schedule a new court date. This may also involve payment of a warrant-quashing fee. In some felony cases; however, scheduling a new court date will not necessarily mean your warrant is quashed. If you have an outstanding felony warrant, you need to speak with an attorney about what you should do. If the warrant is not actually quashed, you can still be arrested until you appear in court and the court agrees to quash the warrant. An attorney can advise you on this process.

Option Three: You can arrange to post bail with the court that issued the warrant. We recommend Lacey O’Malley Bail Bonds if you choose this route. Gayle and Denny will treat you with respect and get your bail posted quickly.

Although you may be able to handle the initial process of quashing your warrant on your own, an attorney can make sure everything is handled quickly and successfully.

If you have a warrant, you should speak with an experienced Washington criminal defense attorney right away. Your options for quashing the warrant will depend on a few factors, such as what court issued the warrant, how many times you have failed to appear in court whether you have the ability to post bail. An attorney can help you identify your options and select the option that is right for you. Lastly and, most importantly, after you get the warrant quashed you will need an attorney to help you resolve the criminal charge that lead to the warrant.

If you have a warrant, the skilled attorneys at Padula & Associates, LLC can help you clear it as soon as possible. Our attorneys are experienced in all aspects of criminal defense and can help with your case every step of the way. For more than 20 years, Padula & Associates has been serving those in King County, Snohomish County and throughout Washington State with aggressive criminal defense services. Call us 24/7 at 425-883-3366, email us at info@paduladefense.com or fill out our online free consultation form today.

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