These are family law cases where a child is conceived to parents who are not married. As such a "paternity action" determines if these parties are indeed the parents of the child (usually via blood tests or an affidavit of paternity) and once this is determined the court, as in other family law cases, goes on to determine issues of 1) custody and 2) child support. There is usually no property division issues unless these parties having been living together for quite some time and making expenditures and acquiring property for their household. This is a special type of paternity and is legally described as a "meritricious relationship." Other than these differences these are like other family law cases and can and do have long lasting consequences. You should always have a lawyer for these cases as well athough many people believe that this type of case is not important enough to retain an attorney but they are wrong.
Child Custody and Visitation
Statistics show that more than 60%of all marriages end in divorce or "dissolution." Washington, like most other states, follows the "no fault" divorce rule which means that a person no longer has to prove "grounds" (eg. cruelty, abuse, etc.) in order to obtain a divorce. However there are myriad other issues such as 1) property division 2) child custody that need to be determined in an equitable manner by the court. Divorce proceedings in Washington are considered "equitable proceedings" so you are not entitled to a jury trial. Instead a judge will decide your case with court commissioners (lower ranking officials) deciding many of the preliminary matters such as temporary custody and support, etc. These type of family law cases ( since they involve disputes over child custody and property divisions) cause more anxiety for clients than any other case except for serious criminal charges where a person could face a possible prison term.
The State of Washington has some of the toughest DUI (Driving Under the Influence of Liquor and/or Drugs) laws in the country. Mr. Critchlow has been handling these cases for 24 years now. DUI cases have never been easy to defend and in 1994 the Washington State Legislature started passing all kinds ot new laws and amendments to strengthen the ability of law enforcement and prosecutors to obtain DUI convictions and to remove a defendant's driving privileges by suspending their driving privleges (license). The legislature is continually making changes in this area and there are some new DUI proposals currently being considered by them. In general, it is illegal to consume alcohol if it "affects your ability" to drive your vehicle in a safe manner. Washington has three (3) different types of DUI's...
Traffic Violations
Most people have driver's licenses and most people have received a traffic infraction such as "speeding" etc. These infractions and considered "civil" and not "criminal" so there is no threat of jail time. As a consequence thereof many people just pay these tickets and allow them to be listed as convictions on their driving record. This is not generally advisable since too many of these traffic infractions can cause the Department of Licensing to suspend your driver's license for a period of time depending on the circumstances. Then when you want to reinstate your license the DOL requires you to obtain "high risk insurance" and to file a form as proof that you have done so. You must maintain this insurance for a period of time (3 years for many offenses) and your insurance rates end up double or triple of what you used to pay. Automobile insurance is high enough without this added expense. The minor expense of hiring an attorney will pale in comparison to these "high risk insurance" rates. Mr. Critchlow has been handling these cases for over 24 years now and is more than familiar with the technical, proceedural and substantive aspects of defending these citations. Mr. Critchlow is one of the few attorneys in spokane who has sucessfully appealed a traffic infraction case to a higher court (superior court) and got the guilty finding reversed. See City of Spokane v. Ward, 122 Wn.App. 40 (Div.III, 2004)
Sex Crimes
SEX OFFENDER REGISTRATION--if you are convicted of a sex offense you will be required to register your address in the county of your residence after release. Failure to register as a sex offender when required to do so is another crime.
Theft
Misdemeanors
Unlike misdemeanor convictions where the maximum penalty is one year in jail, most felony convictions have maximum prison terms of five, ten and twenty years in prison depending on their classification (A, B, or C). There are also "enhancements" (additional prison time) that can be added to your sentence for various factors associated with your felony, such as "use of a firearm" or drug dealing "within 1000 feet of a school or school bus stop." In 1984 the State of Washington enacted the Sentencing Reform Act thereby abolishing the parole system and setting specific sentencing guidelines which calculate your sentence based on the seriousness of your crime and your criminal history. Although parole has been abolished in Washington (the parole system still exists in Idaho) after your release you are usually placed on community supervision or "community placement" which functions in many ways like the parole system except that you cannot be sent back to prison for violations of your community placement conditions. These conditions are set forth in the Judgment and Sentence at the time of your sentencing and it is important to have your lawyer carefully review and/or negotiate these conditions to limit the post release impact on your ife. If you violate the terms of your community placement you must receive written notice of the alleged violations and also notice that you have the right to a hearing. If found guilty at this hearing you can receive up to 60 days in jail per violation. Other consequences of felony convictions are as follows...
Embezzlement
EMPLOYMENT--felony convictions can be a stumbling block when trying to obtain employment, particularly such felonies as theft, fraud, embezzlement,etc since virtually all employers want employees they can trust. With the current economy where jobs are scarce and hard to find, a felony conviction will literally put you at the end of the long line of applicants.
Drug Crimes
STUDENT LOANS--if convicted of certain crimes such as drug offenses you lose the right to apply for and obtain student loans or other educational assistance such as grants (money you don't have to payback).
If you have PIP (personal injury protection) or MedPay your insurance will pay for the medical bills that you incur as a result of the evaluation and treatment of your injuries. Your insurance company will later ask that the other (at fault) driver's insurance company reimburse them for the money they have spent. This is called "subrogation." If you have any attorney representing you this subrogation lien by your insurance company will be reduced to take into account the time your attorney spends on your case. Most times your insurance company will want you to be evaluated by one of their own doctors to determine if you need more treatment and these doctors usually make a report finding that you do not need any further treatment so they can stop paying your medical bills after receiving this report from their doctor. Under your policy of insurance you would be required to attend such an examination. It is critical therefore that you have an attorney on board before you attend one of these examinations since your attorney is allowed to be present and can videotape this examination on your behalf for furture use in your case.
FORECLOSURE DEFENSE Spokane attorney Robert W. Critchlow is experienced in using state consumer protection act laws as a way to deal with the unfair and deceptive acts and practices that are being used by various financial institutions to illegally foreclose on real property in the State of Washington. If you win your case, these consumer protection laws allow you, as the prevailing party, to request that a defendant pay your costs, reasonable attorney fees and punitive damages up to $25,000.00 depending on the facts of your particular case. Call Critchlow Law Office today for a free initial consultation.