Helping Clients Get Their Lives Back
Sex Offender Registration Removal Petitions Granted
- Sex Offender Registration Removal Petitions Granted: King, Clark, Douglas, Benton, Franklin, Kitsap, Snohomish, Skagit, Walla Walla, Kittitas, and Pierce Counties.
- Not guilty, second degree rape: Client’s DNA had been located as evidence. Jury acquitted in forty minutes. (King County Superior Court)
- Not guilty, first degree assault of a child: Client’s early elementary-age son came to school with a bruise on his arm. When school staff asked him about it, child said his father hit him and made his mouth bleed for not cleaning his room. Law enforcement and CPS were called to the school. The parents arrived and CPS took their baby from her mother’s arms and their two elementary-age children. They were placed with another family member. The parents were devastated and felt completely powerless. At trial, it became apparent that their son was not assaulted, nobody knew where he got the bruise on his arm, he was disciplined for not cleaning his room and was probably still upset about that, and his mouth bled because he lost a tooth that day. Client was found not guilty. CPS ended their investigation with no adverse findings. All of the kids returned home. (Kitsap County Superior Court)
- Not guilty, child molestation, second degree: Client was accused of inappropriately touching his teenage niece during a sleepover. Niece reported the incident to her grandmother the same night. Niece had mental health needs that contributed to the allegation. Jury acquitted. (King County Superior Court)
- Not guilty, all charges: attempted second degree rape; indecent liberties; and unlawful imprisonment with sexual motivation: Client attended house party to celebrate daughter’s birthday; daughter was in early twenties. Client had too much to drink, went to use the bathroom and accidentally walked in on a female inside. She screamed and several people came running to her aide. The state believed he was trying to sexually assault her. Jury acquitted on all charges. (Kitsap County Superior Court)
- Not guilty, second degree assault, two counts, with firearm enhancements: Client was accused of shooting at police officers responding to a homicide. During a six-week trial, convinced the state’s ballistics expert to agree with defense case theory. Client was found guilty of a misdemeanor of unlawful discharge of a firearm and given a deferred sentence, which was later dismissed. (King County Superior Court)
- Not guilty, felony harassment-DV and VNCO-DV trial: Client and his former wife went through a contentious divorce. Client was accused of approaching ex-wife’s 11 year old son in a park in violation of a protection order and threatening him. Between the 911 call, the testimony of the officer and detective, testimony of client’s former wife, the 11 year old, defense investigator, and client, the jury acquitted on all counts.
- Not guilty verdict in several assault in the fourth degree-domestic violence cases.
- Dismissal: Rape of a Child Third Degree Charges
- Dismissal: Rape in the Third Degree/Assault in the Second Degree/Unlawful Imprisonment – Dismissed
- Dismissal: Communicating with a Minor for Immoral Purposes Charges – Dismissed
- Dismissal: First Degree Child Molestation Charges, Two Victims – Dismissed
- Dismissal: Assault in the Fourth Degree with Sexual Motivation – Dismissed
Dismissal of Assault in the Second Degree charges. Client was accused of assaulting his wife. Careful review of multiple police body cam videos showed that accuser’s version was not credible. Amy Muth, King County Superior Court.
Dismissal of Assault in the Second Degree charges. Client was a non-citizen accused of assaulting his former girlfriend. After interviewing the accuser and seeking a deposition to compel answers to questions related to her abuse of alcohol and its impact, state dismissed the charges. Amy Muth and Natalie Findley-Wolf.
Dismissal after 11-1 verdict to acquit in first degree child molestation trial. A teacher was accused of sexually assaulting a kindergarten student. Through surveillance video evidence, expert testimony about the suggestibility of young children in interviews, and vigorous cross-examination, the State’s case fell apart. Jennifer Atwood, King County Superior Court.
Dismissal of Rape of a Child in the Third Degree charges. Client was accused of sexually assaulting a minor at Sea-Tac airport. After obtaining out of state records showing that the accuser was not credible, and working with a video expert who prepared a report of the video footage that showed major discrepancies in the accuser’s report, the state dismissed the charges. Amy Muth (lead), Jennifer Atwood, and Natalie Findley-Wolf, King County Superior Court.
- Dismissal, first degree child molestation and child rape: Individual found incompetent to stand trial, after two years of litigation and extensive expert consultation. (Kitsap County Superior Court)
- Dismissal, first degree child molestation involving female: Investigation revealed that the accuser had extensive mental health issues which impacted his credibility. (King County Superior Court)
- Dismissal, first degree child rape: Extensive investigation, including interview with accuser’s therapist, led to dismissal of charges. (King County Superior Court)
- Dismissal, SVP escape: Client was facing several years in prison. Client had been accused of going outside the range of his GPS device. Through the use of an expert on GPS, extensive interviews of neighbors and the client’s family, it was determined that the GPS device was deficient in accurately tracking our client’s whereabouts on the dates in question and our client was entirely innocent.
Charges Not Filed in Investigation Cases
- Charges Not Filed: Sexual Assault Allegation Investigations Involving School Personnel (three cases)
- Charges Not Filed: Rape in the Third Degree Investigation
- Charges Not Filed: Rape in the Second Degree, Stalking and Harassment Allegations
- CPS Investigation – Unfounded Finding
- Charges not filed in multiple cases involving school officials: We have represented several school officials accused of sexual contact with a student. We successfully client through proceedings with school investigation as well as criminal investigation. Amy Muth; Natalie Findley-Wolf; King County.
- Charges not filed: Client served in the military and was accused of sexual misconduct with a woman he met in a bar. Conducted multiple witness interviews which established circumstantial evidence that the contact was consensual. Presented package of information to the prosecuting attorney’s office, which declined to file charges. Alena Ciecko, Pierce County.
- Rape charges not filed: Client investigated for third-degree rape charges following sexual encounter on a boat with an intoxicated female. Interviewed client’s witnesses who corroborated client’s account and provided information to detective, which convinced detective not to refer case to the prosecutor for charging. (Skagit County)
- Child molestation charges not filed: Female client accused of sexually touching her foster son. Obtained mental health records of accuser that called accuser’s credibility into question. Provided package to detective, which convinced state not to file charges. (Skagit County)
- Indecent liberties charges not filed, juvenile court: Client accused of sexually touching another female at summer camp. After interviewing multiple witnesses, state declined to file charges.
- Child rape charges not filed: Client went through extremely contentious separation with partner who had Munchausen syndrome by proxy. After reviewing CPS records, blog postings by accuser, and several conversations with law enforcement and the prosecuting attorney, charges were declined. (King County Superior Court)
- Rape charges not filed: Client accused of sexually assaulting babysitter. Investigation revealed that babysitter had a history of engaging in deception. Located civil case involving same accuser where accuser’s significant mental health issues came to light. Successfully defended client against sexual assault protection order sought by accuser, and convinced prosecutor to decline charges.
- Rape charges not filed: Client investigated for sexual assault on college campus. Charges declined.
- Rape charges declined, juvenile court, multiple cases involving school peers: Represented juveniles accused of sexual misconduct involving school peers. Charges declined in multiple cases.
- Obtained pardon for Cambodian refugee client convicted of second degree child molestation. As a result, client was able, with the assistance of his immigration lawyer, to remain in the United States. Representation was provided pro bono with the Seattle Clemency Project.
- Petition in DVPO denied: Case involved allegations of stalking conduct between client and petitioner. Petitioner alleged multiple incidents over a lengthy period, and sought to restrict client’s access to governmental forums, implicating First Amendment concerns, as well as subject him to electronic monitoring, raising serious privacy concerns. Case was heavily litigated and petition was denied. Amy Muth (lead), Jennifer Atwood, and Alena Ciecko, King County Superior Court.
Domestic Violence Protection Orders
- Domestic Violence Protection Order Denied: Our client was accused of sexually assaulting a former girlfriend. After interviewing 18 witnesses and attending multiple court hearings, the protection order was denied. (King County Superior Court)
- Domestic Violence Protection Orders Denied: We prevailed on legal arguments that the protection order petition was legally deficient. Petition denied. (King County Superior Court; Snohomish County Superior Court)
- Domestic Violence Protection Order Dismissed: Our client’s former girlfriend reported an assault several days after the alleged incident. The girlfriend failed to properly follow through on the petition, and the court granted our motion to dismiss. (King County Superior Court)
Sexual Assault Protection Orders
- Sexual Assault Protection Order Denied: Sexual Assault Protection Order Denied, Denied again when Petitioner file for Revision to Superior Court, and KCPAO declined to file Rape charge: Our client was out with a group of friends and ended the night with a female friend in the group. Everyone had been drinking, dancing and having a good time. After it was clear our client did not wish to pursue a relationship with his female friend there was an argument that eventually morphed into her accusation that their night together was not consensual. The criminal investigation and SAPO were based on whether she had the capacity to consent due to intoxication. After compiling all of the conversations between the parties, analyzing the case law and arguing the facts at the hearing, the Court denied the petition. The petitioner sought to challenge the court’s denial of the order and another hearing was held. Again, the petition was denied.
- Sexual Assault Protection Order Denied: Our client, a medical doctor, had been accused by a family friend of a sexual assault. The allegation came up in the context of a bitter divorce. Our investigation revealed that petitioner and client’s ex-wife colluded to come up with the allegations. Petition denied. (King County District Court)
- Sexual Assault Protection Order Denied: Our client was accused of sexually assaulting a babysitter. Our investigation revealed that petitioner had Munchasen by proxy and had a lengthy history of engaging in deceitful behavior and falsifying accusations of criminal conduct against others, including conspiring with a friend to attempt to get a person charged with a domestic violence crime. After a lengthy hearing and robust cross-examination of the accuser, the petition was denied. (King County Superior Court)
- Sexual Assault Protection Order Dismissed: Our investigation revealed text messages indicating that the sexual activity between the parties was consensual, directly contradicting the assertions in the petition. After attending several hearings on the matter, petitioner elected not to move forward with the hearing and the petition was dismissed. (King County Superior Court)
- Juvenile Sexual Assault Protection Order Denied: Our teenage client was accused of several instances of sexual assault and rape against a former girlfriend. We successfully argued that our client should continue to be allowed to attend the same school while the matter was pending. We presented hundreds of pages of screenshots of personal conversations between the parties that supported our client’s assertion that all sexual activity was consensual. The Court denied the petition, and signed an Order sealing the sensitive material from public view. (King County Superior Court)
Reductions and Significant Sentencing Results
- Reduction : First degree child molestation charges reduced to gross misdemeanor non-sex offenses.
- Reduction : Attemped third degree child molestation charges reduced to gross misdemeanor non-sex offense.
- Deferred Disposition: Juvenile First Degree Child Molestation Charges, reduced to Assault in the Fourth Degree
- Deferred Disposition: Juvenile Rape in the Second Degree and Indecent Liberties Charges, reduced to Assault in the Fourth Degree
- Resentencing of a now adult who was a juvenile at the time of his offenses but prosecuted in adult court: Sentence reduced from 25 years to 14 years with three years of supervision following release rather than lifetime supervision
- Significant Sentence Reduction: Client charged in sting operation, and was facing an indeterminate sentence which would have resulted in multiple years in prison if convicted. Prepared detailed mitigation package for state, which agreed to reduce the charges to a non-indeterminate jail sentence of under 12 months. Natalie Findley-Wolf, King County.
- Sentence reduced. New case law allows some defendants to be resentenced if they can show their youth was a mitigating factor in their offense. Our client was 17 and prosecuted as an adult back in 2011. He received a sentence of 24 years to life, with lifetime probation. With the help of a mitigation expert, and with thorough research and briefing, we successfully argued for a substantial reduction in the sentence. It is now 12 years and 36 months of probation. Jennifer Atwood, King County Superior Court
- Reduction, first degree child molestation to misdemeanor assault charges: Client was mother of child. Six months of expert consultation and investigation revealed that police had incorrectly reported that client failed a polygraph, daughter was improperly influenced by stepmother, and daughter had made accusation after attending a Girl Scout’s four-hour retreat on Stranger Danger. Client sentenced to 30 days of community service, not required to register as a sex offender.
- Sentence of probation and no jail time for federal child pornography charges: Sentence of probation (no jail time) for individual charged with possessing over 1500 images and 300 videos of child pornography; client faced 78-97 months in federal prison under the United States Sentencing Guidelines range. (U.S. District Court, Western District of Washington)
- Reduction, indecent liberties, multiple victims, to misdemeanor assault, no jail time, no sex offender registration: Represented health care professional charged with multiple sex offenses involving patients under his care. Investigation revealed that the accusers had significant impairments which impacted their credibility. Case reduced to misdemeanor assault, no jail time. (King County Superior Court)
- Reduction, first degree child molestation to misdemeanor assault, no jail time, no sex offender registration: Client accused of attempting to molest the seven-year-old daughter of a friend. Seven-year-old was put to bed during a party at her father’s friend’s house. Investigation revealed that client, who later entered that bedroom to sleep, had previously arranged to stay in that room that night and was unaware that the child was there, and that child was unable to state that defendant touched her sexually. Counseled client through successful psychosexual evaluation showing that client did not pose a risk of sexual harm to the community, which was presented to the prosecutor and used as the basis for the resolution. (Pierce County Superior Court)
- Reduction, attempted second degree child molestation to misdemeanor non-sex offense, no sex offender registration: Client sentenced to two months’ work release and not required to register as a sex offender. Subpoenaed 184 pages of mental health records of teenage accuser diagnosing accuser as a paranoid schizophrenic who was experiencing extreme mental disturbances around the time that she accused defendant of molesting her, and retained juvenile psychiatrist as expert prepared to conduct a competency examination of the accuser. (Clark County Superior Court)
- Reduction, child pornography charges to communicating with a minor immoral purposes, deferred sentence: Retained forensic computer expert who determined that client had inadvertently downloaded images of child pornography while downloading multiple adult pornography files. Expert concluded that client had deleted the images as he came across them, and many images were incorrectly labeled as adult images.
- Reduction, second degree rape and voyeurism charges to misdemeanor voyeurism, no registration: Client accused of videotaping himself digitally penetrating his girlfriend while she was asleep. Researched and briefed complex Fourth Amendment search and seizure to prosecution, which agreed to reduce. Client sentenced to no jail time.
- Reduction, second degree rape to misdemeanor assault: Client accused of forcibly raping a woman at a party. Client was in an alcohol blackout state and had no memory of the event. Extensive investigation revealed multiple inconsistencies in accuser’s account, leading to a substantial reduction of charges.
- Exceptional sentence downward, felony violation of a court order-domestic violence: Defense provided with 50 CD-ROMs of jail phone call recordings in violation of a domestic violence protection order. Presented extensive mitigation package to state which convinced state to recommend exceptional sentence downward instead of seeking convictions to place client in prison for 60 months.