Marijuana Laws Are Contradictory and Unevenly Applied

The laws prohibiting the production, sale, and use of marijuana are some of the most inconsistently applied criminal laws out there.  If you look at Washington State and cities like Seattle, it seems like marijuana prohibition is no longer a priority.  In Seattle marijuana arrests are supposed to be the police’s lowest priority.  Washington State allows medical marijuana possession, marijuana dispensaries are easy to find, and doctors can write marijuana prescriptions.

The reality is that people are arrested for marijuana crimes every day in the State of Washington and in cities like Seattle.  Why?  Because it’s still a crime, police officers want to make arrests, and prosecutors want to get a conviction.

Most importantly, the federal government still investigates and prosecutes marijuana cases.  Washington law may allow you to grow, sell, and possess marijuana, but that does not stop a federal prosecution.

The Consequences Of A Marijuana Arrest

Once you are arrested for a marijuana crime, it’s just like any other drug arrest.  You face jail time.  If you are convicted of misdemeanor possession, you will receive a mandatory sentence of one day in jail.  It is a felony to possess more than 40 grams of marijuana, with a penalty of up to five years in prison.  Federal penalties are more severe and sometimes include mandatory minimum sentences.

How I Can Help You

I will evaluate the evidence to determine the best defense for you.  In some case, it is possible to have the charges dropped in exchange for drug education or drug treatment.  If the prosecution will not agree to drop the charges, then I am both willing and able to contest the charges on factual, legal, and constitutional grounds.  I will examine every aspect of the stop, search, and arrest to determine if your rights were respected.  I am prepared to bring pretrial motions to suppress and dismiss, as well as being prepared to go to trial.

Additionally, if you were underage at the time of your DUI arrest, then you are not eligible for an ignition interlock license. This means that a DUI can have a greater affect on your life, because the driving restrictions are greater than they would be for an adult DUI defendant. Additionally, many judges are very concerned when they see a minor charged with DUI, so you can expect the court to impose alcohol treatment obligations, as part of your sentence. Anyone charged with minor DUI or DUI while underage, should talk to a DUI defense lawyer about their rights.

School and Career Implications

Underage drinking and drug use is viewed as normal behavior by many teenagers and college students. Society usually gives a wink and a nod to a kid who parties, but the law will not. It is shocking for a lot of young people to realize that underage drinking or drug use is ignored, until it shows up on your criminal record and then it begins to hurt your chances of getting into college, graduate school, professional school, or certain careers. Basically, schools and employers are probably aware that you did some underage drinking, but if they see it on a criminal record, then they begin to suspect you are out of control. For instance, when you apply to law school and join the state bar, you have to disclose all of your criminal convictions. A criminal record, even if it is for a youthful indiscretion like minor DUI, can make it more difficult to achieve your long term goals.

For Parents

If your child has been charged with an underage or minor DUI, then you need to act quickly to protect their future. People under 21 often do not understand the long term consequences of their actions. In some cases, they may wait to tell you about the charge. Additionally, younger defendants often think that if they just explain the situation, then they will be let go with a warning. The tendency to try and reason their way out of trouble is sometimes most prevalent with smarter or more successful young adults, probably because they have done it before or have been given the benefit of the doubt in similar situations in the past. You cannot talk your way out of a DUI. In fact, trying to talk your way out of a criminal charge, often has the opposite effect because the suspect ends up making incriminating statements.

You are probably mad as hell about the DUI charge and what it will cost you to get if fixed. You might even think that your child should just suck it up and take their medicine from the court. Anger can come later, and it should, but right now you need to focus on protecting your child’s future. Having a criminal record will not “make your child behave” or help them in the long run. In fact, it could do just the opposite.

IIL Eligibility

• You have been arrested for or convicted of an alcohol related DUI.
• You were over 21, when you were arrested for DUI.
• If you lose your DOL hearing, you can still get an IIL.
• You had a valid driver’s license.
• You are Washington State resident.
• No convictions within the last seven years for vehicular assault or vehicular homicide.
• You driver’s license is not suspended for one of the following reasons or the charge does not include:
  • Minor in Possession.
  • Reckless driving reduced from a DUI charge.
  • Vehicular Assault.
  • Vehicular Homicide.
  • Habitual Traffic Offender.

IIL Requirements

• There is a $100 application fee paid to the DOL.
• The Ignition Interlock device must be installed on any cars that you will drive. If you regularly drive a car for work, then your employer can sign a declaration that waives the IIL requirement for your work car.
• You must maintain an SR-22 High Risk Insurance Certificate.
• The DOL processes applications in the order that they are received. Generally it takes between 5 and 20 days; however, it can take longer. If you want to speed up the process, it is recommended that you apply in person at a local DOL licensing center, with all of the required materials.
• You must pay a monthly service charge to the company that installed the ignition interlock equipment.
• You must not attempt to bypass the ignition interlock equipment and you must provide a breath sample, whenever required by the equipment.

The Benefits of Deferred Prosecution:

Completing the deferred prosecution program will give you many benefits that are not available to you if you were to be found guilty and reduces the chances of a guilty verdict.

1. You will not be sentenced to jail.
2. DOL will not suspend your license, provided that you submitted to a breath test.
3. No expensive SR-22 high risk insurance.
4. The DUI can be removed from your criminal record.
5. You can seek treatment for your addiction and regain control over your life.

DUI Deferred Prosecution: The Steps:

1. You must have a significant addiction to alcohol or drugs and that addiction had to have occurred as a result of the addiction. This is proved by having an evaluation done by a state certified substance abuse diagnosis and treatment provider.
2. In order to enter the deferred prosecution program, you must agree that if you violate any of the program’s conditions, then the judge may simply make a finding of guilt or innocence on the DUI charge by reading the police reports and that you could not request a trial, bring witnesses, or contest the evidence. This means that you if you want to do a deferred DUI prosecution, you must be committed to the program.
3. You must commit to the 2 year treatment program set up according to state guidelines. You must be able to show that you are complying with this program. This program includes regular attendance at Alcoholics Anonymous meetings or other self help meetings during the two year period; however, the court can require it for the full 5 year probation period.
4. You must commit to the 5 year probation period. Probation means that you are supervised by the local jurisdiction’s probation office, including regular meetings with your probation officer. Depending on the court, the probation restrictions can be reduced after you complete the treatment program.
5. You must install an ignition interlock device on your vehicle.
6. You must bear all costs of the deferred prosecution including the costs of treatment and the cost of probation. Some treatment providers bill on a sliding scale, based on your income.

The deferred prosecution is one of the best options for someone who has been arrested for a DUI and wants to avoid jail time and automatic license suspension.

If you have any questions about DUI penalties or DUI defense, then you should contact a DUI defense lawyer.

If you were under 21 when you were arrested for DUI, then you should also see the section on Minor DUI’s.

The Ignition Interlock License is explained more fully in the IIL Section, including eligibility, cost, and requirements.

DUI Criminal Penalties

There are two tables for DUI criminal penalties. The first table applies to people who have a BAC of less than .15 or where they took the breath test, but there are no admissible breath test results. The second table applies to people whose BAC was greater than or equal to .15 or who refused to take the breath test. Breath test refusal cases are typically more complicated because the penalties are greater and the prosecution can use the refusal as evidence against you. In any DUI defense case, one of the first objectives is to get the breath test or the breath test refusal thrown out, because that will get you back onto the first table, which has lower penalties attached to it. This gives you an advantage in dealing with the prosecution.

As you can see, the penalties will increase if you refuse to take the breath test or if the breath test reads at .15 or higher.

DUI Administrative (DOL) Penalties

A DUI case has both a criminal and an administrative component. Even if you are found not guilty by the criminal court or the charges are dismissed, the Department of Licensing can still take an administrative action against you. In the past, the administrative penalties were seen as a huge problem, but now that Washington State uses an ignition interlock license the administrative penalties are much less burdensome. The administrative penalties depend on the number of prior administrative penalties, the age of the driver, and whether the breath test was refused.

The DUI penalties will vary from case to case. It is important to take any DUI arrest seriously, because the penalties increase with each offense. Even if it is your first offense you still face either mandatory jail time or electronic home monitoring and license suspension.

Return to:
The Seattle DUI Attorney homepage.

You need to start your DUI defense as soon as possible.  If you are convicted of driving under the influence, then you could be sentenced to up to a year in jail and lose the right to drive. You need to drive to get to work, take care of your family, buy groceries, or meet friends.

For most people, the largest source of stress is not knowing what is going to happen to them.   During your free consultation in my office, I will answer your questions.  I will also take the time to map out the case, so that you know what will happen, next week, next month, or until the case is done.

Seattle DUI Defense Information

A good DUI lawyer should how the case will progress and should keep you informed.  I make sure that my clients have all the information that they need and that they can contact me.

I have provided a basic outline of a DUI case.  Each DUI case is different and this only an outline.  If you want to know more about how to defend your DUI, I offer a free in office consultation.

• Every DUI case has two parts: 1) the criminal case, and 2) the administrative case.  The administrative case only involves your driving privileges.   If you are convicted in the administrative case, you face license suspension or revocation.  If you are convicted in the criminal case, you also face license suspension in addition to jail time and fines.

• The criminal case starts with the arraignment.  At the arraignment, I will enter your plea and the court will set conditions of release.

• Conditions of release vary based on your criminal history, your BAC, whether there were injuries and property damage, and whether there are multiple counts, i.e. DUI, plus resisting arrest.

• I will file my request for discovery of all the evidence the prosecution intends to use.

• Based on the evidence from the prosecutor and what you tell me about the case, I will put together a litigation plan.

• If you want to get a deferred prosecution, this is usually the time that I start that process.

• If the police made mistakes in gathering evidence, then I will file motions to exclude the tainted evidence.

• If there are fatal defects in the prosecution’s case, I will file pre-trial motions to dismiss the case.  Many times motions to exclude tainted evidence go together with motions to dismiss.

• We will review any offers from the prosecution and make our counteroffers.

• If you do not want to accept the prosecution’s offer, then we go to trial.

• At the same time, there is the Department of Licensing hearing to determine whether your license will be suspended by the DOL.

• The DOL hearing is entirely separate from the criminal case; however, it has many of the same steps.

• Most people are eligible for an ignition interlock license (IIL), if their license gets suspended.

Seattle DUI Attorneys’ Fees

One of the first questions I hear from potential clients is “how much do you charge.”  Most people have heard that DUI lawyers charge huge upfront fees.  It’s true that a DUI case isn’t cheap .  But in my office, I know how tight money can be, especially when you have a sudden unexpected expense like this.   That’s why I offer affordable flat fees.

Payment plans are available to clients that qualify.  I accept cash, checks, and most credit cards.

Anyone Can Get Caught Up In A Drug Case

It is easy to get caught up in a drug case, without meaning to.  This is because of something called the “little fish” strategy.  The police target as many low level offenders as possible, for instance users, small time dealers, even friends or family members who don’t have personal knowledge of the drugs.  Then the police and the prosecutor will go after these people with as many charges as possible; so that, you will be scared into taking a plea bargain.  The police hope that these “little fish” will exchange information for a lighter sentence.  The the police use that information to catch the bigger fish, i.e. the bigger dealers.

The result is that people who have little or nothing to do with the drug trade end up facing long prison sentences.   Your criminal defense lawyer must be prepared to fight the charges and knowledgeable enough to determine which charges have no merit at all.

Did The Police Follow The Law

Many people assume that the police must follow the law, because they are the police.  Any criminal defense lawyer will tell you that the police often break the law, especially in drug cases.  The law sets out precise standards for how and when the police can stop you, search you, take you in for questioning, and arrest you.  The police don’t always follow those standards.  The police do not get to search your house, your car, or your belongings just because they want to.  The police cannot arrest you for no reason.  Still unlawful searches and arrests happen all the time.

Your criminal defense lawyer must be both willing and able to examine the police’s actions and then argue that the police’s conduct means that evidence should thrown out or charges dropped.

Are You An Addict

I know that’s a deeply personal question, but it’s important.  Many people who are arrested on drug charges are addicts.  Many drug dealers sell drugs to support their habits.  An addict might deliver a package or drive someone to a drug buy in exchange for drugs.  The police do not take that into account when they arrest you.  The prosecutor won’t ask you if you are addict.  Only your criminal defense lawyer can raise the issue of your addiction, help you find treatment, and ask the court to give you a break because of your addiction.

An addiction is not a get out of jail free card; however, a sincere effort to address an addiction can result in charges being deferred, a shorter sentence, or no jail time at all.

I Am A Seattle – Kent Drug Crime Defense Lawyer

I understand that an arrest turns your world upside down, that you don’t know what to do next, and that you are scared of a long prison sentence.  I can relieve that stress by explaining the charges to you, building a defense, attacking the prosecution’s evidence, and helping you put your life back together.   I offer a free in office consultation.  Please call or email, so that you can protect your rights and confront the charges made against you.

The program in LA sounds like it uses scare tactics to keep people from actively defending themselves against the charge.  They’re told that if they complete the class they’ll avoid jail and the costs of a lawyer.  What they appear to omit is that if they hired a lawyer, the charge might get dropped entirely.

The high point is when the retired detective tells the men in “john school” that if they go to county lockup, they might not survive.   First, an arrest does not automatically result in a conviction, and even a conviction does not automatically result in jail time.  Second, the county has an affirmative duty to protect it’s inmates, so it’s officers shouldn’t be bragging about how dangerous the jails are.

The take away is that if you arrested for prostitution, or any other crime, you should talk to a lawyer, before you agree to any “program” the police are offering.

If you have been arrested for prostitution or soliciting a prostitute, then talk to David H. Fuller.

Contact the Law Office of David H. Fuller, a Seattle criminal defense lawyer, for more information.
Phone: (206) 789-8751 or (253) 520-2972
Email: david@dfullerlaw.com

If you have been arrested for soliciting a prostitute or loitering for prostitution, you probably have some big concerns: 1) am I going to jail, 2) do I have to register as a sex offender, and 3) is everyone I know going to find out about this.

First of all, you do not have to register as a sex offender, unless you are convicted of soliciting an underage prostitute.  Nonetheless, prostitution is a misdemeanor and a conviction could mean jail.  Although judges rarely sentence first offenders to jail time, it is important to avoid a conviction and the risk of jail.  Finally, there is a social stigma attached to prostitution.

Discretion is my clients’ first priority in a prostitution case..  Nobody wants their friends, family, or employer to find out about their arrest.  Part of any prostitution defense is protecting the client’s privacy and reputation.

A prostitution arrest can come about in different ways.  It depends on how the police first make contact with you.

Loitering for Prostitution

Any number of activities can get you arrested for soliciting a prostitute.  That is because Washington laws are very broad.  Many of my clients are arrested for “loitering for prostitution.”   The police might arrest you for loitering for prostitution if you circle the block a few times, if you talk to someone standing on the street, if you give someone a ride, or if you leave a bar with someone.  All of these things are treated just like you offered to pay someone for sexual intercourse.

What happens is that the police identify certain areas as high prostitution areas or they identify certain people as “known prostitutes.”   The police might arrest you for soliciting a prostitute, even if they never hear you offer to pay for sexual intercourse.  As a prostitution defense lawyer, I look at these cases very closely, because it’s not a crime to circle the block, pick someone up in a bar, or talk to someone on a street corner.  The police may have been very confident when they arrested you, but the fact is that they may not have had legal justification to stop you or arrest you.

Prostitution Stings

The police routinely setup prostitution stings.  The three most popular stings in the Seattle area are:

1. Massage Parlor Stings – in these cases the police will takeover a massage parlor after they have arrested the owners, and keep it open.  The undercover officer will pose as the masseuse.
2. Street Stings – in this cases the undercover officer will stand on the street pretending to be a prostitute.
3. Internet Stings – in these cases the officers will go online posing as prostitutes.  Police officers have been known to post on The TNA Board, the Review Board, Backpage, and Eros.com.

Even though the police witnessed the entire transactions, you still have a defense.  There are two important issues in these kinds of cases.  First, you must agree to pay for sexual contact.  Second, the police cannot entrap you.  This means that the prosecution has to show that paying for sexual contact was your idea and that the undercover officer did not give you the idea.  It’s not enough to just prove that you asked for a massage or a date.

Choosing A Prostitution Defense Lawyer

You need to find a lawyer who is willing and able to challenge the prosecution’s case.  A prostitution case is often based on interpreting your words or actions,  and may be tainted by entrapment or lack of probable cause.  I am absolutely committed to fighting for my clients’ rights.  I know how much your good name and your freedom mean to you.

Contact the Law Office of David H. Fuller, a Seattle criminal defense lawyer, for more information.
Phone: (206) 789-8751 or (253) 520-2972
Email: david@dfullerlaw.com

• DUI stands for driving under the influence.  It is sometimes referred to as drunk driving, DWI, or driving while intoxicated.
• In Washington a DUI defense lawyer actually defends you in two separate proceedings.  A DUI involves both a criminal proceeding and a civil proceeding.
  • The criminal proceeding is where the state will attempt to prove that you are guilty of DUI.  This is the proceeding that can result in a jail sentence.  The criminal proceedings are most often heard in municipal courts.  This means that if you were arrested in Kent, then your criminal case will be heard in Kent Municipal Court.
  • The civil proceeding is held before the Department of Licensing (DOL).  The DOL hearing determines whether you can keep your license or whether it will be suspended.  There are no criminal penalties attached to the DOL hearing.
• As a Seattle DUI defense lawyer, I represent you in both the criminal proceeding and the civil DOL hearing.
• A good DUI defense consists of many elements.
  • The first question that I  ask is whether the police officer had probable cause to stop you.  A police officer cannot just pull you over because he wants to, he is required to have probable cause to believe that you have committed a traffic infraction or broken the law.  If I can invalidate the stop, then the entire case can be dismissed.
  • The second question that I ask is whether the police followed the proper procedures during the stop.  This means asking whether the police have given you the proper warnings, respected your constitutional rights, and have followed establish police procedures.
  • Field Sobriety Testing (FST) is a big area of confusion.  You are not required to do the FSTs and you are not required to blow into the hand held breath testing unit that the officer carries with him in the field.  The sole purpose of the FSTs is for the officer to determine whether he has probable cause to arrest you for DUI.  If you do the FSTs, then you are only helping the officer arrest you.  Bottom line, don’t do the FSTs.
  • If you do allow the police officer to conduct the FSTs, he must do them the right way.  This means that he can only do certain tests and that these tests must be administered properly.  Additionally, your physical condition may make it impossible for you to complete the FSTs.  For instance, if you have a bad knee, then walking the line or standing on one foot may be impossible for you.  If the FSTs were not properly administered or if a physical condition prevented you from completing them, then the whole arrest may be voided.
  • In any case, I examine the breathalyzer procedure and the breathalyzer results.  If you refuse to blow into the breath testing unit at the station, then your are subject to the penalties under the Washington State Implied Consent Law.  If you do blow into the breath testing unit at the station, then there are critical matters that I will investigate such as: was the observation period proper, is the breath testing solution accurate, were your results within the margin of error, and did the officer follow the proper breath testing procedures.

Even though DUI is a complex crime, you have defenses.  A DUI defense lawyer can identify those defenses and present them to the court and the DOL, to get you the best result.

• As a Seattle DUI defense lawyer, I provide all of my clients with representation that is suited to their needs and their case.  Some lawyers take an assembly line approach to the law.  I don’t.  Each of my clients has a unique case, and each of my clients needs a unique defense.
• Our initial meeting is free of charge.  During that meeting, I will get the facts of the case from you.  Based on the information that you give me, I will create a preliminary case plan.   The prosecutor is required to turn over evidence to me through the discovery process.  Once I have the state’s materials, I can refine the case plan.
• Throughout the case, I will communicate with you and make sure that the case is being handled the way you want.

Contact the Law Office of David H. Fuller, a Seattle DUI lawyer, for more information.
Phone: (206) 789-8751 or (253) 520-2972
Email: david@dfullerlaw.com