Recent Blog Posts

Trends in Juvenile Crime in Seattle, WA

Seattle Criminal Defense Attorney — Fri, 02 Mar 2012 20:15:00 GMT

The rate of juvenile crime has been a rollercoaster of declines and inclines in the Seattle area throughout the past decade, and researchers recently mapped the crime incidents geographically in order to determine the rates and hot spots of juvenile crime in Seattle. The findings showed that juvenile crime was concentrated in public and commercial areas where youth are known to gather instead of residential areas. The most common examples include schools, youth centers, shops, restaurants and malls.

Hot spots for juvenile crime can vary from one street to the next, and the study suggested that police efforts in targeting these hot spots can effectively lower the crime rate. In addition, if there is closer supervision of the public places in the form of patrols or managers, the crime rate can be lowered. The study also examined the key factors that play a role in determining whether a young person becomes a juvenile. Individuals who have a history of chronic truants (10 or more unexcused absences in a year) were identified as more likely to commit a crime.

The highest levels of juvenile crime are more likely to be found at locations where young people travel for education, work or recreation instead of the streets where they live. If you or someone you know have been accused of a crime as a juvenile, it is important to enlist the help of a Seattle criminal defense lawyer. Juvenile crime is taken seriously in the courts, and you need a legal advocate who will fight tirelessly for your rights. Contact a Seattle criminal attorney at Baker, Lewis, Schwisow & Laws, PLLC for aggressive legal representation against your criminal charges.

Reasons Why You Should Clear Your Criminal Record

Seattle Criminal Lawyer — Mon, 27 Feb 2012 20:01:00 GMT

If you have been charged with a criminal offense in the state of Washington, you need to be aware of the serious ramifications that a conviction can have on the rest of your life. A criminal record can leave a negative mark on your future that will affect your opportunities for housing, work and more. Many companies will refrain from hiring convicts because they do not want to be charged with negligent recruitment and they want to provide a safe working environment to existing employees.

If you have a criminal record, you may also have a tough time finding a job in an organization that requires security clearances (i.e. banks, financial institutions). Being dishonest about your criminal record is never a good idea, as most companies will run a background check for criminal records regardless. If you have been convicted of a felony, you may also be unable to vote, serve on a jury or hold elective office.

A criminal record can also affect your ability to travel to other countries. Most visa applications will ask about any convictions and some countries will deny anyone with prior convictions. Other countries will deny entry only to those convicted of specific crimes, and some countries have no restrictions to criminal records. Regardless of whether you want to travel in the future or if you want the liberty to apply for any job, having your criminal record vacated is beneficial to your future in every way.

Clearing your criminal record can be difficult and extremely complicated without the help of a knowledgeable Seattle defense attorney. There are certain circumstances that must be present in order to remove a criminal charge from a person's record, and you need the assistance of a legal expert who can guide you through the entire legal process. Contact a Seattle criminal defense lawyer at Baker, Lewis, Schwisow & Laws, PLLC to start the process today!

What Constitutes a Felony DUI Charge?

Seattle Criminal Defense Lawyer — Mon, 21 Nov 2011 18:00:00 GMT

While many DUI charges are considered a misdemeanor offense, according to the law, they are still very serious crimes that can be penalized by imprisonment and fines, among many other criminal and personal consequences.

When a new law was passed in the state of Washington in 2007, it stated that certain DUI charges will now be prosecuted as a felony crime. These include the following:

A defendant has 4 prior DUI charges. This includes a conviction or a successfully completed deferred prosecution. It can also include convictions for negligent driving in the first degree, reckless driving and reckless endangerment.
A defendant commits vehicular assault in which another person involved suffers substantial bodily harm while on drugs or drunk.
A defendant has a prior vehicular assault or vehicular homicide charge. If a person has already been convicted of this offense in the past, a DUI will most likely be charged as a felony.
A defendant commits vehicular homicide while under the influence of drugs or alcohol.

It is also important to keep in mind that how a DUI charge will be penalized is usually up to the discretion of the judge and prosecutor. A prosecutor will most likely always fight for maximum or even enhanced penalties where they see applicable.

Having a Seattle DUI defense lawyer to help you through this will be pivotal. Without an attorney, you will most likely face a conviction, which can ruin your entire future. Facing even your first DUI offense can result in jail time and fines, in addition to license suspension.

You may be mandated by the court to attend drug or alcohol awareness classes if they feel that this is necessary as well.

For more information and to get the defense that your felony DUI case needs, contact a Seattle criminal defense attorney from Baker, Lewis, Schwisow & Laws, PLLC today.

Occupy Movement Leads to Criminal Charges in Seattle

Seattle Criminal Defense Attorney — Thu, 17 Nov 2011 23:26:00 GMT

As the Occupy Wall Street movement expands across the country, many "occupiers" and protesters are becoming restless as the days move forward.

For those in Seattle, the camp is located in Seattle Central Community College, which may soon be taken away due to multiple criminal charges.

Those involved with the protest, according to sources, have been noted to be involved in vandalism, illegal drug use and other types of crime.

One of the protesters' main goals is to remain present and in the public's range of visibility; they just want to be seen and heard.

Unfortunately, many have been warned multiple times and even cited for the illegal activity that they have been engaging in while on the campus.

Students at the campus are beginning to get frustrated, believing that the campers are acting disrespectfully by violating the law. Another idea is that many people are using this space as simply a shelter, and do not fully understand or support the movement.

Despite the reason for the criminal activity, it may be harming the movement and the futures of these people. Facing criminal charges can be extremely difficult, even if it is due to protesting for something that you believe in.

If you have been charged with any type of criminal offense, including criminal trespassing, drug possession, malicious mischief, burglary or even resisting arrest, you will need to talk to a Seattle criminal defense lawyer as soon as possible. These types of charges can result in lifelong consequences and pose a serious threat to your future.

Being convicted of a crime such as this will look bad on a future resume for a job, resulting in the inability to regain employment and have a stable income.

At Baker, Lewis, Schwisow & Laws, PLLC, we take these types of criminal cases very seriously and provide high quality defense for all defendants.

For more information, contact a Seattle criminal defense attorney at our office today.

Field Sobriety Tests: What they are and what you will be asked to do

Jason Schwisow — Wed, 31 Aug 2011 23:14:00 GMT

There are few things in life that are more unnerving that feeling of standing by the side of the road, just you and the officer. As traffic passes by a few feet away from you and your parked car, you know it's late and you are nervous. The officer's already peppered you with every question you can think of: Do you know why I pulled you over? How much have you had to drink tonight? Can I see your license and registration?

All you really want to do is go home. You think you've answered everything correctly and that things should be just about finished, and then the officer asks you one more question: Would you mind submitting to voluntary field sobriety testing?

'Field sobriety testing?' What does he mean by 'voluntary field sobriety testing?' If you say yes, what can you expect to be subjected to?

In the State of Washington, when a person is being investigated for driving under the influence, that person can expect to be asked to do three separate tests: [1] Horizontal Gaze Nystagmus, [2] Walk and Turn, and [2] One Leg Stand. These three tests are designed to measure two basic things: Your physical performance, and your ability to divide your attention amongst different tasks. Again, these tests are voluntarily; while refusing to give a breath test after being arrested will result in a license suspension, declining to do the field sobriety tests is your choice and will not result in any automatic suspension.

While the police officer may also ask you to do other tests, such as a finger to nose tests or saying the alphabet backwards, the three listed tests are the only ones that have been validated by the National Highway and Traffic Safety Administration (NHTSA) for determining whether or not a driver is under the influence of alcohol. These three tests are what anyone can expect to do if they submit to voluntary field sobriety testing.

The first test, Horizontal Gaze Nystagmus, involves the officer asking you stand at attention while keeping your head still and tracking a stimulus, often a pen or flashlight held at arm's length, with both eyes. Nystagmus is a fancy word for 'involuntary eye movement,' which is exactly what the officer is looking for as you follow the stimulus. While nystagmus can be caused by intoxication, it can also be caused by several other factors.

The second test, Walk and Turn, involves the officer asking you to stand and walk a series of steps down an imaginary line, turn around, then come back. During this test the officer will pepper you with several instructions, such as how many steps to take, how to keep your feet with each step, what to do with your arms, how to turn when coming back, etc. A seemingly simple process, but you will be given only one chance to peform the test. Miss just one step and take one step too many, and suddenly the officer will determine he's seen clues of intoxication and conclude the test has been failed.

The third test, One Leg Stand, also involves one chance at performing a physical test after receiving several instructions from an officer. The officer will ask you to raise one leg six inches off the ground, keeping the foot parallel to the ground with your arms out and counting out numbers. Fail to display perfect balance and/or miss one instruction, and again the officer will determine he's seen clues of intoxication and conclude the test has been failed.

While these tests may be tough to perform perfectly for many people regardless of the circumstances, they are also very specific tests that an officer must administer properly for the results to be valid or admissible in court. An experienced DUI attorney will know if the officer followed tests properly. An experienced attorney will know whether the involuntary eye movement the officer noticed could perhaps have been caused by factors other than intoxication. If you are facing a DUI charge, contact one of our experienced attorneys today who can examine how the tests were administered, speak to you about what happened that evening, and even cross-examine the officer on the stand to make sure he did his job correctly.

The Suspended Driver's Best Friend: A Brief Guide to Interlock Interlock Licenses

Jason Schwisow — Fri, 10 Jun 2011 17:09:00 GMT

America was built on driving. From the invention of the first automobile in the late 1870s to the explosion of the American car industry in the 1920s , our society and our economy became incredibly and uniquely car dependent. Per a 2005 study, 90 percent of Americans say they usually drive wherever it is that they need to go, reporting an average of 87 minutes a day behind the wheel. Over 250 million vehicles are currently in use in this country alone.

When we need to run to the store to get groceries, we drive. When we need to get to work in the morning and make our way back home to our families at night, we drive. It's a privilege as American as the right to own a firearm, the right to vote, and the right to pursue a life of happiness and proseperity.

So what happens when you face the prospect of having that privilege taken away from you? How do you work if you can't get to work? How do you take your kids to school in the morning? Pick them up in the afternoon? Get to the dentist in time for your appointment?

In the State of Washington, one of the most common [and most serious] reasons for someone losing their privilege to drive is due to being charged with Driving Under the Influence [DUI] or Physical Control. A person charged with either of these offenses, due to consumption of alcohol and/or drugs, can typically find their privilege suspended one of two ways: Either by being convicted as charged by plea or trial, or administratively by the DOL.

Prior to January 2009, if a driver found himself in a such a situation, the options for dealing the suspension were quite limited. If the person qualified for an occupational license [depending on their DUI history and whether the BAC was refused], the person could get a restricted license that allowed them to drive to work or school.

While a great option for those with a job or school to attend, the option wasn't all that helpful for many other people facing a DUI related license suspension. Some felt it necessary to seek a deferred prosecution in order to avoid the suspension. Others would take their chances at trial even when the facts made a positive outcome unlikely.

But things changed dramatically in January 2009, as the state legislature passed RCW 46.20.385. Under this law, any licensed driver facing a DUI related suspension may apply for an Ignition Interlock License [IIL] provided they [1] pay a $100 non-refundable fee, [2] provide proof of installing an ignition interlock device on any vehicle to be operated by the applicant (excluding those owned by the person's employer), and [3] proof of proper financial responsibility (typically in the form of SR-22 insurance).

An Ignition Interlock Device [IID] is a small electronic device which requires that a driver breathe into the device prior to starting the vehicle. If the ignition interlock device detects the blood alcohol concentration of the diver above a prescribed amount, then the engine of the vehicle will not start. If a person wishes to obtain an IILL but cannot afford to pay for the installation and maintenance of an IID, they can apply to the Department of Licensing for financial assistance.

While some people may be willing to simply not drive during the period of suspension and drive later on, obtaining an IIL can still be crucial. If a driver is eligible for an IIL but did not obtain one, that driver may not be eligible to resintate their driving privileges later on.

If you're facing a DUI charge and the possibility of a driver's license suspension, or dealing with the consequences of not complying with the conditions of having an Ignition Interlock License, please Contact Us and let one of our experienced attorneys today to help guide your through this often stressful and complicated process.

Resisting Arrest: Explanation of the Charges

Seattle Criminal Defense Attorney — Fri, 15 Apr 2011 17:45:00 GMT

There is nothing quite as confusing as an arrest. It is likely that if you are in the process of being arrested that you will be confused, frightening and will have your adrenaline pumping. You might feel that you are being slapped with criminal charges that are unfair, or you could even feel as if you are being unlawfully arrested or falsely accused.

It can be easy in a situation such as this to forget yourself and to struggle, to protest or to try and voice your opinion. For many people, this is a natural reaction. It, however, could be a huge mistake. Under Washington law, 9A.76.040, should you make motions to intentionally prevent or even attempt to prevent a peace officer from lawfully arresting you, you could be facing charges of resisting arrest.

While this is a misdemeanor, there are instances in which it can be elevated to a felony. Beyond that, you will be facing compounded difficulties as this is a crime that will be slapped on top of whatever charges you were facing previously - creating a difficult, complex and daunting situation.

When this occurs, you need to ensure that you are being proactive and aggressive in your attempts to protect your rights. The best thing that you can do at a time such as this is to seek legal counsel from a local criminal defense lawyer so that you can talk about your rights and discuss your legal options.

At Baker, Lewis, Schwisow & Laws, PLLC, we are proud to provide our clients with creative and thorough legal advice when they need it most. We understand the stress associated with criminal cases and will do everything we can to help you find your optimum result.

No matter if that means we are looking to get charges dismissed, find a way to get them reduced or if we are looking to win a successful verdict in a trial setting, we will do everything possible to assist. So don't wait another moment - contact a Seattle criminal defense lawyer from our firm today.

The Four Degrees of Assault in Washington

Seattle Criminal Defense Lawyer — Fri, 08 Apr 2011 17:27:00 GMT

According to Washington Criminal Code, assault is split into four separate degrees. This is based upon varying different circumstances and factors. For example, under RCW 9A.36.011 of the Washington code, assault in the first-degree could occur should a person act in a manner with intent to cause physical harm upon the alleged victim - this could include such actions such as assaulting with a deadly weapon or administering or exposing poison to the body of the victim. This would be punishable as a class A felony.

Second-degree assault, however, according to 9A.36.021 could include causing harm to an unborn child, causing pain that would be considered the equivalent of torture or even causing pain by strangulation. This is typically categorized as a class B felony, however, if there was reason to believe that there was sexual motivation, the criminal charge could be elevated to a class A felony.

The commission of a third-degree assault, under the laws outlined in 9A.36.031, can be charged in instances such as of the alleged criminal committed assault while resisting the actions of law enforcement or if the assault was committed against someone such as a transit operator or school driver, a fire department employee or law enforcement officer. Fourth-degree assault is assault that does not fall under any of the previous three degrees.

These are not the only examples of assault that can be committed, and is meant to only give an idea of the differences between the degrees. Should you be facing criminal charges of this nature, it is vastly important that no time is wasted in seeking legal counsel from a knowledgeable criminal defense attorney that you can trust to provide you with in-depth and experienced legal advice.

At Baker, Lewis, Schwisow & Laws, PLLC, we are proud to provide our clients with experienced legal representation that is grounded in years of experience in criminal law. Contact a Seattle criminal defense lawyer at our office today and we will be glad to schedule an initial case consultation so that we can begin to help you combat the charges that you are facing.

Why paying traffic fines/costs is important and how to do it

Jason Schwisow — Fri, 01 Apr 2011 20:07:00 GMT

So you're driving along one day after work. The windshield wipers are flicking back and forth along your windshield, making a slight screech sound with each pass. You're tired. You're hungry. You want to get home, sit on the couch, and not be starting at that same pair of taillights you've been staring at for the past fifteen minutes as you inch along. You flick your blinker, pull into the HOV lane, zip around a couple cars a little too quickly, and suddenly you see the unwelcome site of flashing red and blue lights in your rearview mirror. While you mutter some unpleasant words to yourself a man in blue walks up to your car, asks for some documentation from you, and several minutes later you find yourself staring at a couple documents you really didn't want.

You shove the documents in your glove box and continue home. Time passes, your memory fades, and the documents sit in the glove box amongst a collection of napkins from fast food restaurants without a passing thought. Not that big of a deal, right?

You wish. Failure to properly respond to a traffic ticket will result in the court with proper jurisdiction simply finding it committed for you. A committed ticket that is unpaid then will eventually be reported by the court to the Department of Licensing, who will then send you a letter informing you that your license will be suspended on a certain date for failure to pay a ticket. This can lead to a rather nasty surprise out on the highways if you forgot to check your mail or update your address with the Department of Licensing when you last moved.

Although it's the least serious degree of suspension in the State of WA, a Driving While Suspended Third Degree charge can carry jail time along with additions fines which can add to your tab of things that must be paid in order to drive legally in the State of WA again. So, how do you avoid this little problem? How do you fix it once your license has been suspended?

· Show up to court and remember to respond to traffic tickets. While going to court may seem intimidating or inconvenient, you may find that the court is an indispensible resource.

· Don't put off making court payments. Time passes quickly and courts do not forget that you owe them money.

· Make sure your address is up to date with not only the courts you have a case with, but also the Department of Licensing.

· Never assume "it's just a traffic ticket or a misdemeanor so it's not a big deal." What seems like a small deal can often times spiral into something much bigger.

Due to the volume of cases and expenses, many of the courts in the North Sound area are not equipped to handle the collection of fines for committed infractions and fines/costs associated with a conviction. If you call most courts in the area to make a payment, you'll find many local court clerks will direct you to a local collection agency to set up a payment plan on such costs as soon as possible.

Not only is it important to set up a payment plan as soon as possible to avoid those nasty collection fees, but also because failure to pay on certain traffic related court costs can cause your ability to drive to be suspended or revoked in the third degree. Although it's the least serious degree of suspension in the State of WA, a Driving While Suspended Third Degree charge can carry jail time along with additions fines which can add to your tab of things that must be paid in order to drive legally in the State of WA again.

Whether you have a valid driver's or intend to get one ultimately doesn't matter to the Department of Licensing; Once you fail to pay a court cost, the court will notify the department of licensing who will then mail you a letter to your last known address notifying you of the suspension.

So, if you have a case [or two] out of the North Sound area and want you start making payments on your outstanding court debt, how do you do it? First, call the court and find out which collection's agency they use. Most often, you will find that you are provided the phone number for Alliance One at [253] 620-2222.

Second, be prepared. Make sure you have your address/phone/DOB/SSN/case number[s] ready to give to the operator so they can find they account information as quickly as possible. Keep in mind these are people who you may try to be negotiating with while trying to set up a payment plan; If you prepared and respectful, you'll find the process can go rather smoothly.

Third, be persistent but patient. Expect to be on hold for 5-7 minutes before you get through to an account representative.

Once you get through to an account representative, at which point you can inquire about entering a PIA plan and adjudicating your tickets. A typical PIA plan is 50% down and $75 per month payment plan…adjudication is offered with the down payment. However, if you client have proof of valid employment a job, and have not already defaulted on a payment plan in the past, they will often offer 10% down with $50 per month payments IF proof of employment is submitted with the down payment.

If you are unemployed but on state assistance, and have not already defaulted on the payment plan, they will [generally] offer $50 down with $50 per month payments WITH proof of the state assistance at the time of the down payment.

While your payments can be made via mail, you can also make payments on your account in person at the Marysville Municipal Court, which is located here:

Image is the property of Google Maps. Any information presented at this site including this blog should not be considered formal legal advice and nor the formation of a lawyer or attorney client relationship. The information above may only pertain to the laws of the State of Washington. If you have a specific legal question and wish to solicit counsel, please contact an attorney and set up a consultation.

Welcome to our Seattle Criminal Defense Web Site and Law Blog!

Seattle Criminal Defense Attorney — Sat, 05 Mar 2011 00:06:00 GMT

We are pleased to announce the launch of our new Seattle criminal defense web site and law blog. We have an RSS feed available for you here.