Snohomish County Criminal Defense Blog

The City of Everett received national attention after they filed a lawsuit against a pharmaceutical company for recklessly supplying OxyContin to drug traffickers in order to maximize the company’s profits. Everett has been swept by a wave of overdoses, crimes, and homelessness as a result of opioid addiction. This epidemic impacts every corner of our society. Hopefully, the city can put the money into more rehabilitation programs if they win the suit.

http://www.heraldnet.com/news/nbc-reports-on-city-of-everett-lawsuit-against-purdue-pharma/

The funding could increase enrollment in Drug Court and provide other alternatives to confinement including treatment for addicts committing non-violent offenses. Currently, the Snohomish County Superior Court has several alternative programs available to people who are charged with drug possession. I had a client tell me one program was a life-changing event but it was not easy and required many hours of hard work each month.

The Adult Drug Treatment Court (ADTC) is a therapeutic court, which handles cases involving addicted offenders through supervision and treatment. Drug Court program participants are usually involved in an intensive out-patient treatment program where they initially attend meetings three times a week. The meetings taper off as a person moves into a different phase of the program. Drug Court members must also attend a minimum of three sober support meetings and be prepared to provide a random urine sample for drug testing.

Additionally, members are required to obtain employment and receive a GED in order to graduate from the drug court program. They are required to partake in Moral Reconation Therapy (MRT). MRT is a structured program that focuses on changing your thinking and behaviors that lead to problems of drug use, relationship difficulties, and negative lifestyles. Members are not permitted to visit bars, hookah shops, adult entertainment venues, and casinos. They authorize the drug court team to enter their residence to verify a sober lifestyle.

The drug court team includes a Superior Court Judge, a prosecutor, a public defender, treatment professionals and law enforcement. Their goal is to facilitate and monitor a person’s progression in the program. They meet in Court for group sessions and will ask about a person’s successes or struggles with the requirements. Sanctions for a violation include reprimands, jail, additional treatment, or termination from the program and sentencing on the underlying felony offense. They have a high failure rate and only truly motivated individuals will graduate from the program. Participants make a sacrifice but those who graduate are eternally grateful and will have a new outlook on life without a felony conviction on their record.

Please contact an experienced criminal defense attorney who knows your options and eligibility to get into drug court, TAP, or request a first time offender waiver (FTOW), or reducing a felony charge to a misdemeanor. You should understand these terms before your case is resolved. Know your rights and what the best option is for you.

My promotion ceremony from Major to Lt Col was held 7 January 2017 at the 225th Air Defense Group, Joint Base Lewis McChord. It is an honor and a privilege to serve our country and provide legal services to the dedicated members of the 225th.

What to expect if arrested for Soliciting a Prostitute?

Attorneys, surgeons, architects, nurses, journalist, and a dentist were among the two hundred men arrested in a massage parlor sting operation by the Seattle Police Department over the past few weeks. The police set up a massage parlor in Seattle and undercover female officers offered a massage and a sex act for a fee.

They will be criminally charged with “sexual exploitation” under Seattle Municipal Code 12A.10.040. A person is guilty of sexual exploitation if:

1. Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third having engaged in sexual conduct with him or her; or
2. He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him or her; or
3. He or she solicits or requests another person to engage in sexual contact with him or her in return for a fee.

The Seattle Municipal Court adopted the above referenced language from the Washington State Code (RCW). A person can be charged in District Court under the State Code for the same offense but it would be called “patronizing a prostitute” pursuant to RCW 9A.88.110. Regardless, the charges are misdemeanor offenses and the maximum penalty is 90 days in jail.

ADDITIONAL PENALTIES FOR SEXUAL EXPLOITATION

The court will impose the following penalties and restrictions if convicted:

1. Biological sample collected for DNA identification

1. DNA fee is $100

2. Geographical restrictions near location of the crime
3. Complete an educational program about the negative impact of prostitution
4. One Thousand Five Hundred dollar fee for first offense
   1. $2,500 for second offense
   2. $5,000 for third offense
5. Additional court fine up to $1,000.

Revenue from the fees are deposited into the Sex Industry Victims Fund and used for education including John Schools, rehabilitative services for victims, and for local law police efforts including Vice Enforcement.

Fortunately, a conviction does not require a person to register as a sex offender. An arrest can be an embarrassing experience but it does not have to ruin
your life.

Defense attorneys should be advocating for entry into a deferred sentence, a deferred prosecution, or a diversion agreement. The goal is to ultimately have the case dismissed upon completion of the agreed upon requirements. It’s critical to be proactive and seek representation. Contact the Law Office of Michael P. Sheehy, PLLC to learn about your options, available defenses, and how to avoid a conviction.

You can read more on the story by clicking here.

A person’s criminal record can easily be found on the internet. The Washington State Patrol (WSP), Identification and Criminal History Section is considered the official gatekeeper of criminal records in Washington State. Convictions and arrests are made available on a WATCH report on the WSP website at https://watch.wsp.wa.gov/.

A criminal conviction can have severe consequences beyond jail time if a person does not expunge, vacate or seal his record. A record can make you ineligible for employment. A crime “against a person” or crimes relating to financial exploitation will prohibit employment at nursing homes, child care facilities, boarding homes, school, hospitals, or any other place with a vulnerable population. A criminal record can also impact a person’s access to the following:

1. Private and public housing
2. Voting rights
3. Student loans
4. Military service
5. Traveling to Canada
6. Firearm possession
7. Legal status to remain in the United States

In some cases, the stigma of an arrest or conviction maybe reversed through expunging, vacating, or sealing a charge. It’s important to understand the difference between the three and the eligibility requirements.

The differences between Expunging, Vacating, and Sealing are as follows:

• Expunging a Record: Expunging a record means the arrest information will be physically destroyed. The Washington State Patrol is the only agency that will expunge arrest records. However, to be eligible the arrest must not have resulted in an “adverse action” against the arrestee. Adverse actions include convictions, bail forfeitures, deferred sentences, and stipulated order of continuance even if the case is dismissed after completing affirmative conditions. Essentially, only arrests that are never filed in court, acquittals, or outright dismissals can be expunged.

• Sealing a Record: The actual court file is sealed and limited information is available on the Judicial Information System (JIS) and Superior Court Management Information System (SCOMIS). JIS and SCOMIS databases are used by Court staff and the public to review criminal records. However, a sealed record does not restrict the release of information that is already on the internet or part of a private database.

• Vacating a Conviction: The Court will withdraw the guilty plea and dismiss the charge. The WSP will delete the record from the WATCH report and you can officially say you have never been convicted of the offense. However, private companies maintain databases without updating their records and may continue to disseminate incorrect convictions on the internet. We encourage Clients to send a letter requesting they update their database or face civil liability.

Attorney Sheehy has successfully vacated, expunged, and sealed files across Washington State. Contact him for an honest assessment and whether it’s worth pursuing post-conviction relief. Contact the Law Office of Michael P. Sheehy to determine your eligibility.

We live in an era of non-stop budget cuts and law enforcement agencies are often at the receiving end. The police cannot be everywhere and gun advocates believe crime and mass shootings will be reduced if more guns are possessed by law abiding citizens in public spaces. All fifty states allow their citizens to carry a hidden firearm in public with a permit. In the State of Washington, carrying a pistol that is concealed while you are in public is a misdemeanor criminal law violation unless you have a concealed weapons permit (CPL). It is also a crime if you carry a loaded firearm in your vehicle without a CPL.

Well-meaning, law-abiding gun owners could be violating the law without knowing it. I would highly recommend applying for a CPL if you own a firearm. All you need is to bring $52 and a driver’s license to the Snohomish County Sheriff’s Office or the Sheriff’s office where you live. They will conduct a background check to determine your eligibility.

Here are the 5 most common reasons you will be denied a CPL:

1. You are subject to a restraining order, protection order, anti-harassment order or any other order prohibiting contact with a person or prohibiting possessing a firearm
   • Be aware that many family law cases involving divorce incorporate a restraining order that prohibit possessing a firearm.
2. You have ever been committed to a mental institution or deemed mentally defective.
3. You have a felony conviction in this State or elsewhere. Vacating the conviction may help the approval process for your CPL application. Click here to contact the Law Office of Michael P. Sheehy to determine your eligibility.
4. You have unlawfully used a controlled substance within the past year.
5. You have a convictions for any of the following crimes committed by one family member against another:
   • Assault IV
   • Coercion
   • Stalking
   • Reckless Endangerment
   • Criminal Trespass in the first degree
   • Violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from the residence

Protect your rights and apply for a CPL

*Disclaimer: Michael Sheehy only restores firearm rights in Washington state.*

We are pleased to announce the launch of our Snohomish County criminal defense blog.