False Rape Claims
It is impossible to deny that far too many women are the victims of rape. What is often overlooked, however, is how many men are the victims of false rape claims. A popular website The Smoking Gun, ran a story about two women who falsely accused a man for rape because of "bad sex." The story was run on a mainstream sites as a gag story at the end of the week. It was no joke for the man involved. He was lucky that the police investigated the story before charging him with rape and irreparably changing his life forever.
False rape claims can arise in a number of situations. They are probably most common in cases of date rape. In cases of date rape, the man usually admits that the intercourse occurred but that it was consensual. In these cases, it is often the woman's word against the man's. It is important for your lawyer to investigate the woman's motivation for accusing you.
One common scenario involves either you or her being involved with someone else. If she has a boyfriend or husband and got caught sleeping with you, she may try to claim that you raped her, so that she can save her relationship or deflect blame onto you. If you are involved with other women, she may claim that you raped her as revenge.
Another common scenario involves intoxication or regret. If the accuser was intoxicated at the time that she had intercourse with you or may have some reason to regret having had intercourse with you, then she may claim that you raped her. A related issue is loosely defined relationships or "friends with benefits," in these cases the boundaries may not be defined and it is possible to be falsely accused or rape.
Finally, it is possible to be falsely accused of stranger rape. Stranger rape is the allegation that an unknown assailant randomly attacked the accuser and committed rape. If there is no DNA evidence, then you may be accused based solely on a line-up or physical description. Here you can be arrested if you look too much like someone else. Often the accuser feels pressure to pick a suspect.
What these scenarios illustrate is that your accuser's subjective state of mind. You can be falsely convicted of rape if your accuser's subjective beliefs are allowed to outweigh the objective facts. If you have been accused of rape, it is absolutely vital that your defense attorney make sure that all the facts comes to light, not just those facts that support the prosecution's case.
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
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
Scaring Johns Straigth
Prostitution is one of those things that never goes away, no matter what you do. In Los Angeles, they’ve started “John School,” to educate men arrested for soliciting a prostitute. The LA Times article glosses over a few facts of prostitution arrests, namely that many times there is insufficient evidence to convict a suspected john. Many cases suffer from major defects, especially police entrapment and bad evidence. The police don’t get to entrap a suspect with an undercover officer. In cases that don’t involve an undercover officer, there is a question of whether really is enough evidence to convict.
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
Prostution Cases
Patronizing a prostitute is a misdemeanor with far reach consequences. If you are convicted of patronizing a prostitute, the consequences are much more than just going to jail. A criminal record for patronizing a prostitute may mean that you lose your job, cannot pass a background check for a new job, it can end a marriage or a relationship. If you are accused of soliciting a minor, you may be required to register as a sex offender
In many cases, you can avoid the consequences of a conviction for patronizing a prostitute. As your criminal defense lawyer in a prostitution case, I can identify the weak points in the state’s case and I can point to potential defenses.
- If the police use an undercover officer, then there are questions about entrapment and whether the undercover officer followed the law. In a prostitution case
- If the police used a confidential informant, there are questions about whether that informant was motivated to lie, what the police offered, and whether you actually solicited prostitution.
- If the police arrested you based on the officer’s observation or claim that you were loitering for prostitution, then there is a question about how the police knew you intended to solicit a prostitute.
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
The Basics of the DUI Defense
DUI defense is a complicated area of law that involves many factual, legal, and constitutional issues. These are some of the issues that I examine in every case as a Seattle DUI defense lawyer:
- 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
A DUI Arrest
In most cases you will be asked to perform the standard field sobriety tests and then be told to blow into a portable breath testing unit. At this point most people are confused and extremely nervous. They’re not sure if they are required to perform the field sobriety tests or to blow into the handheld unit. The officer probably won’t clearly explain your rights or give you time to decide what to do. Right now, you wish that you had a Seattle DUI lawyer to help.
If I was with you on that roadside, I would advise you to politely decline to take any field sobriety tests or to blow into the portable breath testing unit. You are not required to do either. The police officer isn’t trying to establish your innocence; he’s trying to establish probable cause to arrest you. As soon as you start doing any kind of field sobriety test, you are making it easier for the officer to arrest you and get a conviction.
If you did take the field sobriety tests and were arrested, then you need a Seattle DUI lawyer to help you get those tests tossed out of evidence. In many case, I can argue that there was no probable cause for the officer to stop you and that the tests were improperly administered. If you didn’t take the field sobriety tests and you were arrested, it makes it that much easier to invalidate the officer’s initial stop.
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
Don’t Let a Domestic Violance Get Out of Control
People are arrested for domestic violence because of misunderstandings, bitter arguments, or outright lies.
- Domestic violence arrests come from loud arguments, when the neighbors call the police.
- Domestic violence arrests occur when someone has been thrown out of their house and come back to pick up their things.
- Domestic violence arrests come when your accuser gets caught up in the heat of the moment and calls the police, sometimes to be dramatic, sometimes to carry out a thoughtless threat. Then it’s only after you’ve been taken away that they realize the consequences of what they did.
- Finally, some people use domestic violence charges as a weapon against you in a divorce or custody fight, or just because they want to hurt you.
Domestic Violence is a serious life altering charge
If you’ve been arrested for a crime of domestic violence, your life could be altered forever. Many domestic violence arrests are charged as felonies. This means that you could be facing a minimum of one year in prison. Most felony domestic violence cases have maximum sentences between 5 and 10 years. Even if you are only charged with a misdemeanor, a domestic violence conviction could mean job loss, it could mean that you can’t get certain jobs, and it could mean that landlords won’t rent to you. If you are convicted of a domestic violence crime, then you will permanently lose your right to possess a firearm.
An Order Of Protection Is Just As Serious As A Domestic Violence Charge
Many criminal domestic violence charges start with an order of protection. Under the terms of an order of protection, you cannot within a certain distance of a person, coming within a certain distance of their residence, and you cannot contact them. What usually happens is that you happen to meet them somewhere, or you need to get your things from them, or they call you and ask to meet, and then you end up in jail facing a serious criminal charge.
The first line of defense is to prevent an order of protection from being entered against you. Once that order is entered, any encounter with the person who got the order, could put you in prison. You will lose your right to possess firearms. Finally, there will be a court record establishing that you committed acts of domestic violence.
If you take immediate action and stop someone from getting an order of protection against you, then your position is much stronger. It doesn’t matter is the other party is calling it spousal abuse or domestic violence, you need to take action to prevent them from taking their case any further.
A Domestic Violence Defense Lawyer Can Protect You
In a domestic violence case, the most important thing that you can do is take action. A domestic violence defense lawyer can protect you.As a domestic violence lawyer, one of the most important steps is to determine how serious your accuser is. I investigate whether your accuser changes their story or decides that they don’t want to pursue the charge. If you accuser is lying, then I can investigate the story and find the lies, so that you don’t suffer because of someone else’s dishonesty. It’s also possible that you acted in self defense. These are all critical facts that must be investigated and used to your advantage. As a domestic violence defense lawyer, I will give you a tough aggressive defense.
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
People are arrested for domestic violence because of misunderstandings, bitter arguments, or outright lies.
- Domestic violence arrests come from loud arguments, when the neighbors call the police.
- Domestic violence arrests occur when someone has been thrown out of their house and come back to pick up their things.
- Domestic violence arrests come when your accuser gets caught up in the heat of the moment and calls the police, sometimes to be dramatic, sometimes to carry out a thoughtless threat. Then it’s only after you’ve been taken away that they realize the consequences of what they did.
- Finally, some people use domestic violence charges as a weapon against you in a divorce or custody fight, or just because they want to hurt you.
Contact attorney David H. Fuller.
Domestic Violence is a serious life altering charge
If you’ve been arrested for a crime of domestic violence, your life could be altered forever. Many domestic violence arrests are charged as felonies. This means that you could be facing a minimum of one year in prison. Most felony domestic violence cases have maximum sentences between 5 and 10 years. Even if you are only charged with a misdemeanor, a domestic violence conviction could mean job loss, it could mean that you can’t get certain jobs, and it could mean that landlords won’t rent to you. If you are convicted of a domestic violence crime, then you will permanently lose your right to possess a firearm.
An Order Of Protection Is Just As Serious As A Domestic Violence Charge
Many criminal domestic violence charges start with an order of protection. Under the terms of an order of protection, you cannot within a certain distance of a person, coming within a certain distance of their residence, and you cannot contact them. What usually happens is that you happen to meet them somewhere, or you need to get your things from them, or they call you and ask to meet, and then you end up in jail facing a serious criminal charge.
The first line of defense is to prevent an order of protection from being entered against you. Once that order is entered, any encounter with the person who got the order, could put you in prison. You will lose your right to possess firearms. Finally, there will be a court record establishing that you committed acts of domestic violence.
If you take immediate action and stop someone from getting an order of protection against you, then your position is much stronger. It doesn’t matter is the other party is calling it spousal abuse or domestic violence, you need to take action to prevent them from taking their case any further.
A Domestic Violence Defense Lawyer Can Protect You
In a domestic violence case, the most important thing that you can do is take action. A domestic violence defense lawyer can protect you.As a domestic violence lawyer, one of the most important steps is to determine how serious your accuser is. I investigate whether your accuser changes their story or decides that they don’t want to pursue the charge. If you accuser is lying, then I can investigate the story and find the lies, so that you don’t suffer because of someone else’s dishonesty. It’s also possible that you acted in self defense. These are all critical facts that must be investigated and used to your advantage. As a domestic violence defense lawyer, I can assemble the facts and use them in a way that helps you the most.
Contact attorney David H. Fuller.
I will complete a thorough analysis and investigation of your case. I provide an aggressive defense designed to protect your rights. If my investigation provides solid evidence that your accuser changed their mind, lied, or attacked you first, then I can move to have your case dismissed. I work to exclude the prosecution’s evidence and to impeach their witnesses. My fees are competitive with other lawyers in the area. I am a domestic violence defense lawyer with an office convenient to Seattle, Bellevue, and Tacoma. My office is located in Kent, near I-5. I provide a free consultation.
Overly Punitive Sex Crime Laws Do More Harm Than Good
By David H. Fuller
Seattle Criminal Defense Lawyer
Sex offender registration is so popular because it seems like the government is doing something about a serious problem. In fact, sex offender registration does more harm than good. The greatest problem associated with sex offender registration is that it effectively ends the offender’s ability to have a normal life, which in turn increases the risk of recidivism. The goal of sex offender punishment should be rehabilitation and not some harshly punitive system that increases the risk of reoffending.
Many registered sex offenders did not commit a violent sex crime or a crime against a child. However, most people assume that if you are on a sex offender registry, then you are a rapist of child molester. In fact, some states go so far as to require registration by people convicted of public urination or solicitation of an adult prostitute. Washington State is not that harsh, but still a conviction for statutory rape or possession of one image of child pornography is enough to put someone on the Washington State sex offender’s registry.
Public option and vigilantes are the two primary problems that registered sex offenders face. In 2005, in Bellingham, two registered sex offenders were shot to death by a man posing as a FBI agent. This kind of crime is possible because sex offenders’ home addresses are publicly available. While that kind of response is rare, more frequently sex offenders experience discrimination in housing, employment, and social settings. Many sex offenders report being suddenly fired from their jobs, evicted from rental properties, and that their family is excluded from social functions.
A sex crime defense is complicated and requires a great deal of time and effort. If you hire a criminal defense attorney before you are formally charged with a sex offense, then your lawyer may be able to prevent charges from being filed. If you wait until after you are charged to hire a criminal defense attorney, it is still possible to get the charges dropped. If you go to trial, you want an attorney who is smart enough and tough enough to make a strong aggressive defense.
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
Drug Treatment Should Be Part of a Drug Crime Defense
When someone is charged with drug crime - technically called a violation of the Uniform Controlled Substances Act or VUCSA for short - they often have an underlying addiction. When you think about a friend or loved one arrested for a drug crime, you can usually look back and see the warning signs of substance abuse. The problem is that friends and loved ones may not actually realize that there was a drug abuse problem until the defendant is arrested.
This is a problem because the criminal law system is oriented towards punishment, no rehabilitation. Additionally, the rehabilitation resources in the prison system are limited and overburdened. Most people in prison have some kind of substance abuse issue and most of those people will leave prison with a substance abuse problem.
Drug treatment as an element of criminal defense has both personal and legal advantages. On a personal level, if someone is facing time, they will be much safer in prison if the addiction is under control. This is because there is a massive drug trade in prison, but the consequences of engaging in that trade are more jail time and risk of violence from other inmates.
Further, if a defendant begins the drug treatment process there is a legal advantage because it shows the court that the defendant is addressing the reasons for their arrest. If the court and the prosecutor see that the defendant is fighting their addiction, it gives the criminal defense attorney more leverage. Further, if the defendant does time after they have started treatment, it may open up drug treatment options for them in prison.
A drug arrest is always serious. Someone who is arrested for a drug crime must seriously consider the prospect of going to prison. Pre-trial drug treatment will help the defendant get a better result in court, perhaps even avoiding prison, and will make rehabilitation more likely in prison. Finally, starting someone on the road to recovery as early as possible, means that they are much less likely to re-offend and much more likely to lead a happy and productive life.
David Fuller is a Seattle Drug Crimes Lawyer, you can contact him at:
Seattle Area (206) 508-4712
South King County/Tacoma (253) 458-3695
DavidHFuller@ToughTimesLawyer.com
www.ToughTimesLawyer.com
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