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No Contact Orders

May 19, 2015/in Uncategorized /by Law Office of Chris Van Vechten

Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. —

RCW 10.99.040

 

Although the key word here is “may” the practical effect is “will.”

Domestic violence is a catch-all for all wrongs – violent or otherwise – committed against a “family or household member ” which is further defined as “spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.”  RCW 10.99.020

This means individuals who have stayed a week under the same roof or had a brief open and uncommitted sexual relationship could subsequently fall under the DV enhancement. And this is not just theoretically possible, but a daily reality for those accused of these crimes. 

Despite the heavy penalties for those who are convicted of DV crimes, the vast majority of convictions are not violent and take the form of No Contact Order Violations, often initiated by the party who the court has elected to protect.  Although it is not uncommon for these persons to argue that they don’t want nor require any protection, Washington’s courts – bending to politically popular theories of the psychology of victimhood – nevertheless routinely impose these restrictions over the objection of the alleged victim on the theory that the victim is so dominated and controlled by the accused that they can’t make honest decisions which reflect their best interest.  Nevermind that many if not most alleged victims of domestic violence have themselves been convicted of DV crimes.

WHAT BEING CHARGED WITH A DV CRIME & LIVING WITH A NCO MEANS FOR YOU

Forget conviction, just being charged with domestic violence is a horrendous experience.

Even though you have not even been convicted of anything yet, expect to lose your house because the No Contact Order will prohibit you from coming within a certain number of feet of the protected party’s residence.

Parental and childcare duties will also be disrupted because unless third party contact is authorized by the order, any steps you take to fulfill your responsibility as a mom or dad can land you in jail for up to 364 days. 

Bills will also go unpaid unless you have a shared bank account because mailing a check to the protected party would be a no contact order violation. Too many people get charged for seemingly innocent technical violations like this.

WHAT YOU CAN DO ABOUT IT

Your options depend largely on the culture of the Court in which you are charged.  For example, it is very uncommon in Thurston County District or Superior Court to get a no contact order lifted unless the prohibited party first gets a domestic violence evaluation (which the government will not pay for) and unless the protected party has appeared before the court requesting the order to be lifted.  Even then, it is still difficult as the prosecutors are likely to object.  Judges in Thurston County often explain that the purpose of an NCO is two fold: to protect the individual &  to protect the case (meaning, prevent witness tampering – a felony). 

Nevertheless, with progress and skilled advocacy, modifications and removal of NCOs are possible. 

By contrast, the culture of other courts is very different.  In Tacoma Municipal, for example, there is an expressed understanding that domestic relations are complex.  In courts like these, alleged victims are encouraged to watch videos on domestic violence or develop what is called a “safety plan” before the Court is willing to take action.  It is not uncommon for these jurisdictions to grant “non-hostile contact” even before the case is resolved.

In either jurisdiction, those with private council are more likely to get a speedy removal or modification of the No Contact Order.  This is because many public defenders consider modification/removal of NCOs to be outside the scope of their already taxed representation.  Also, hiring private counsel often signals to the court that the Defendant is taking these proceedings seriously and overall is a more stable person.

See Private Counsel v. Public Defender

 CONTACT YOUR LEGISLATOR 

The automatic blanket issuing of Domestic Violence No Contact Orders merely in response to filing a charge destroys families, drives a disproportionately low-income population deeper into poverty, and needlessly wastes precious tax revenue.  If a domestic violence evaluation (sometimes called a batter’s assessment) is a pre-requisite for courts lifting these orders, State funds need to be made available to allow the indigent to be evaluated.  Too often, the alternative for those persons who can’t afford the evaluation is homelessness or to violate the order.   

0 0 Law Office of Chris Van Vechten http://soundlawyering.com/wp-content/uploads/2020/12/logo-Law-Office-Van-Vechten-01-300x300.png Law Office of Chris Van Vechten2015-05-19 10:59:272015-05-19 10:59:27No Contact Orders

PRIVATE COUNSEL OR PUBLIC DEFENDER?

July 28, 2014/in Uncategorized /by Law Office of Chris Van Vechten

If you were recently arrested or even arraigned, the decision of whether to keep your public defender or retain private counsel is the most important choice you will make going forward – regardless of whether your ultimate goal is to prove your innocence at trial, or negotiate a plea deal in advance. Here’s some straightforward information to help guide your decision.

#1 Public Defenders Are Great. They tend to be committed to their clients, are experienced in the courtroom, and they have good working relationships with prosecutors. They also don’t have to worry about running a business in addition to practicing law and have access to resources most private defense attorneys don’t have.

#2 Public Defenders are overworked. This is true of virtually all attorneys, but especially for those representing the indigent. Washington’s Standards for Indigent Defense allow individual public defenders to represent up to 400 cases per attorney. This makes getting a hold of them difficult and clients often complain that things were not fully explained to them prior to signing documents, taking plea deals or otherwise making decisions with consequences.   “Customer service complaints” are probably the #1 issue clients have with public defenders (though the same can be true for private).

#3 Not all Public Defenders are attorneys. Some are what are called Rule 9 interns, who have at least two years of law school under their belt, but have yet to actually graduate, take the bar, and – in many incidents – try a case. Most work as volunteers in public defenders’ offices for the experience, and although supervised by more senior attorneys, are nevertheless “here to learn.”

#4 You don’t have an automatic right to a Public Defender. While your right to an attorney is stated in the Constitution, the right to an attorney at public expense is reserved for those who have been screened and found to be indigent. The process of screening varies from jurisdiction to jurisdiction, but it may require (depending on the jurisdiction) that you go before a Judge and prove your financial situation under penalty of perjury. If the court finds you to be “indigent” it will grant you an attorney, but often this does not mean you get the attorney for “free.”

Generally, when the Court finds that you are not really indigent but also not really able to pay for your own attorney, they will impose a contribution cost. Chris has seen these costs range from $150 to around a thousand.   There’s no hard and fast dollar figure to define “indigent” but just because you are on disability, receive food stamps, have children or student loans or were recently laid off…DON’T EXPECT TO GET AN ATTORNEY FOR FREE. You will probably be asked to contribute finances to the cost of your representation.

The major difference – however – is that private defense counsel will probably ask you to pay at least a portion of their fee in advance, while the Court will ask you to pay for your defense at the disposition of your matter.

#5 You don’t have the right to chose your Public Defender. Depending on the situation, you may be able to fire your public defender and substitute private counsel – but trading one public defender for another is tricky and never a guarantee.

#6 Most private criminal defense attorneys were public defenders at one time or still do public conflict work.

#7 Private Attorneys range in affordability. Some – like the Law Office of Chris Van Vechten – have payment plans and also allow payment by credit card. Criminal Attorneys are also a flat-fee staggered rate, which takes some of the sting out of retaining one.  Bottom line, if there’s a real possibility you’re going to have to pay $1000 for a public defender, you can probably afford to hire a private  attorney.

#8 Regardless of whether you are even convicted, just being charged with a crime can be an expensive affair. The conditions of your release (if you are lucky enough to be released) include costly No Contact Orders, SCRAM devices, Electric Home Monitoring, Work Release and more, all of which need to be paid for at the Defendant’s expense (some expenses may be covered by the Public Defender’s Office if you are found to be indigent). It is never clear whether modifying the conditions of release is within the scope of a Public Defender’s representation, who may perceive their duty as reserved to defending you against your charge, and not restoring you to a more normal routine while you await the disposition of your case. 

In summary, no matter what you’re charged with, what’s at stake for you is your finances, your future, and your freedom.  Neither a public defender nor private counsel can change the facts of your case, but both can have a significant effect on how the jury, the court, or the prosecutor interprets those facts when applied to the law.

0 0 Law Office of Chris Van Vechten http://soundlawyering.com/wp-content/uploads/2020/12/logo-Law-Office-Van-Vechten-01-300x300.png Law Office of Chris Van Vechten2014-07-28 16:46:262014-07-28 16:46:26PRIVATE COUNSEL OR PUBLIC DEFENDER?

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