When Facebook Attacks

Facebook is a double-edged sword when it comes to the Courts. More than once we have looked at public Facebook posts, printed them, and included them in a family case to prove our point, and more than once Facebook posts or messages have been used against our client.

The lesson to be learned is Facebook and text messages are printed in permanent ink, they never go away, and they can and will catch you behaving badly. The same is true for pictures.

Another lesson is that you shouldn’t write something down if you wouldn’t be comfortable reading it out loud in a packed courtroom; and don’t allow or take a photograph you wouldn’t want shown to a judge in front of your mother.

Don’t forget that everyone everywhere has a recording device in their pocket in the form of their cell phone, which can take pictures, and record audio and video.  You never know who is watching and you should be more aware to protect yourself.

Continue Reading

Outrageous Government Conduct

George was featured recently in the Skagit Valley Herald after he managed to achieve a dismissal of all charges against a felony client due to outrageous government conduct. Read the full story here.

This marks only the second time an attorney in Washington State has successfully won a dismissal on these grounds. The first time was in 1996, after a lengthy appeal of the original case’s 1993 verdict on an arrest from 1991. Click here to read the opinion of State v. Lively (1996).

The case is up for an appeal on April 9, 2018, and we are certainly hoping the Court of Appeals affirms George’s hard-won victory.

Continue Reading

Dept. of Licensing vs. Missing Witness

If you are charged with a DUI or other similar driving offense, you may be subject to sanctions imposed by the Department of Licensing relative to suspension of your license to drive in the state of Washington. You can request a hearing to dispute the suspension, and it is generally a good idea to do so if there is a chance the suspension can be overturned.

In my client’s recent case, the department’s police report had some inaccuracies, and a witness subpoenaed on the client’s behalf failed to appear. The department granted our appeal, and my client maintained their license pending any sanctions that may be requested by the district court.

DOL hearings are tough to win; for every 100 you request, you might prevail in 15. It is your choice to appeal the suspension, and it may or may not be the best course of action for you. Feel free to talk to me any time about a DOL hearing, I’d be happy to give you some advice that may be helpful.

Continue Reading

Frivolous Request to Double Child Support

A statutory increase in support as a child gets older is normal, but in this case the opposing parent wanted to increase child support by under-representing their income, and over-estimating my client’s income. The moving parent provided no data to back up the request; no pay stubs, no tax returns, no bank statements. This parent wanted a huge bump in support and didn’t give any good reason for the change!

We had a telephone hearing with DSHS and they denied the moving parent’s request due to lack of information to support the proposed award.

If you need to ask for more child support, make sure you submit proof of the numbers that will be used to calculate it. It could make your request easy to grant, if the numbers are true, or it could help you deny a request that is unwarranted.

Continue Reading