Felony Crimes Are Serious – Criminal Law Representation

Criminal Law General Posts

Felony crimes are serious. Although the nature of the felony will determine the potential severity of any sentence, a conviction of a major felony means a very harsh prison sentence. As your felony defense attorney we will provide an extremely aggressive defense against every criminal charge you are facing. Your chances for success improve greatly when you get an early start on your defense. You can get a COMPLIMENTARY CONSULTATION with a felony defense attorney to discuss your situation, and assess your options. Call us immediately if you have been charged with any major felony crimes.homocide attorney in fort worth

Prosecuting Felony Crimes

The prosecution of felony crimes is handled by the most experienced prosecutors. The district attorney’s office is highly motivated to see to it that you get a stiff prison sentence. The prosecutors work hard every day to build a case that will place you in prison. State law requires prison sentences for a conviction of any felony crime. Any aggravating factors, or prior arrest history, will complicate your felony defense. If you are not calling us now, read more to learn why you should.

Seven Deadly Sins

“Seven Deadly Sins” law was passed in 1995. The law mandates, for a first felony offense, a non-parolable sentence of at least 10 years in prison for rape, armed robbery, kidnapping, aggravated sodomy, aggravated sexual battery, or aggravated child molestation. The minimum sentence for the offense of murder is “life,” with no parole eligibility for 25 years. A second offense of any of the “Seven Deadly Sins” gets life without possibility of parole. Facing these charges means that you absolutely need a not-guilty verdict or acquittal. Subsequent changes to law made it even more important to have the best possible defense attorney.

In 1996, parole was abolished for the six non-murder “deadly sins.” Anyone convicted of those felonies must serve 100% of their sentence, without parole or time reduced for good behavior. “Seven Deadly Sins” laws is the harshest in the USA for punishment resulting from felony convictions. Only two bad strikes results in life without possibility of parole. Once convicted, the odds of the courts overturning a conviction, or receiving a pardon, are extremely low. Anyone facing a serious felony charge needs a defense attorney that can win and prevent the horrors of a prison sentence.

Repeat offenders are facing further problems. Law requires tougher sentencing for repeat felony offenders. Excluding the “Seven Deadly Sins,” a second conviction of a felony offense results in the maximum possible sentence allowed, but with eligibility for parole. A fourth conviction of a felony offense requires imprisonment for 100% of the sentence, and no chance for parole.

If you are extremely curious or concerned about sentencing, you may want to read more about the Official Code.

What We Do

The criminal defense for every client is different because each case is different. Depending upon the evidence held by the State, the conditions surrounding your arrest, and the severity of the charges, we develop a strategy to fight a tough jury trial. Besides the presentation skills of your defense attorney, we may need to hire independent investigators, expert witnesses, or lab services. We will certainly review the criminal investigation notes, validity of searches, arrest procedures, physical evidence, witness statements, and more to determine how much of the prosecutors case is real, and how much is conjecture and supposition. We use every ounce of the knowledge we have to create reasonable doubt among jurors, or prove straight-out that you are innocent. Our best days are when we are standing next to our client, and the court proclaims “Not guilty.” This is what we work to do for every client, on every case.criminal law

Federal Felony Charges

We also represent clients who are charged with Federal crimes. As an experienced federal crimes defense law firm we understand how to defend clients against federal prosecutors who have virtually unlimited resources. Defending clients against federal criminal charges requires a lot of work, knowledge of federal law, and years of federal case experience to avoid making that one mistake that can cause a criminal jury trial to go in the wrong direction. We certainly have the federal case experience, knowledge of the federal court system, and desire to invest the time required to prepare your case for court and then manage an aggressive defense.

Convictions of federal crimes have sentences determined by the Federal Sentencing Guidelines. A federal judge will review these guidelines when imposing any sentence. At a top level, the guidelines are based on the type of offense, and the conduct associated with the crime. Mitigating or aggravating factors have a profound impact on sentencing. Examples of these factors are whether the crime was committed for monetary gain, the role of the defendant in the crime, and any prior convictions.

There are multiple classes for Federal crimes, each with varying sentencing requirements. All Federal felony crime sentences can include harsh “five figure” fines. The bottom line on the possible number years of incarceration in a Federal Prison are as follows:

Class “A” Felonies earn a prison sentence of life without parole, and can include a death sentence.
Class “B” Felonies earn a prison sentence of up to 60 years.
Class “C” Felonies earn a prison sentence of up to 40 years.
Class “D” Felonies earn a prison sentence of up to 25 years.
Class “E” Felonies earn a prison sentence of up to 15 years.
Class “F” Felonies earn a prison sentence of up to 12 years.
Class “G” Felonies earn a prison sentence of up to 10 years.
Class “H” Felonies earn a prison sentence of up to 6 years.
Class “I” Felonies earn a prison sentence of up to 4 years.
If you have been charged with, or being investigated for, any serious felony charges you should immediately contact our law firm to request a COMPLIMENTARY CONSULTATION with a criminal defense attorney. During your consultation we can explore your situation, discuss options, and guide you to a recommended course of action. If you need help and are looking for a Homicide Attorney in Fort Worth, contact us

Adoptions In Kitsap County

General Posts

Adoptions In Kitsap County

Through the years I have done adoptions in Kitsap County for married couples, domestic partners and step-parents. Some of these were private adoptions, that is, done independently or through an agency and others were adoptions of foster children where the Department of Social and Health Services (DSHS) does much of the preparation otherwise done by an attorney or agency.

Private Independent Adoptions

Private adoptions are legal in Washington but it is important to have the assistance of an attorney to insure that all legal requirements are followed. In private independent adoptions the first step for the prospective adoptive parents is to get a home study. This is a report about the adoptive parents and the future home environment for the children. This report must be done by a person approved by the Court, often a licensed social worker. After the completion of a favorable home study the prospective parents may begin to search for a child to adopt. This may be done with or without an agency. There are many resources available on line for parents in search of a child to adopt. Washington law makes it illegal to “sell or purchase a minor child.” This law means that payments by the prospective adoptive parents are legally limited to medical expenses associated with the birth of a child to be adopted soon after birth, attorney fees, court costs and fees to a licensed adoption agency.

Termination of Parental Rights

Prior to the adoption of any child the parental rights of the birth parents must be terminated. This can be done by the consent of the child’s natural parents or involuntarily through a Court order terminating the rights of the father or mother. Because the law protects the rights of the natural parents it is important that you have an attorney to assist you in obtaining and filing the consents. It is not uncommon for the identity of the natural father to be uncertain or for the father to be difficult to find. The attorney can help you to satisfy the legal requirements in cases like these, in order to insure that the parental rights are terminated and the adoption can go forward.

Adopting Foster Children

Adopting Foster Childrens

Prior to an adoption of foster children there will usually have been a dependency action, in a situation where the birth parents are unable or unwilling to care for the child and may even have abandoned the child. While any adult may file a dependency petition, the cases are often brought by an attorney from the state acting on behalf of DSHS. The state will allege that the parents cannot or will not do an adequate job of caring for the child, that is, that the child will suffer harm if left with the parents. The law favors leaving children with their parents whenever it is possible to do so, but in some cases that cannot be done. If the child’s parents are unable to demonstrate they will be able to care for the child, the Court will terminate their parental rights and give legal custody to DSHS. Typically, the Court orders the child to be placed with a relative, other suitable person, or foster parent, but legal custody remains with DSHS.

In this sort of adoption, DSHS will arrange for the necessary home studies and if they are satisfied that the adoption is in the child’s best interest they will provide the required legal consent. In foster parent adoptions DSHS will compile the medical history of the child, and there may be an adoption support agreement between the adoptive parents and DSHS. The state can also provide some reimbursement to the adoptive parents for legal fees.

Adoption Attorney

The adoption process can be complicated and an experienced attorney can insure that the adoption goes smoothly.

Child Support in Kitsap County

Child Law

Child Support

For over 18 years I have handled child support cases in Kitsap County. Following is a brief summary of the basics of a child support case.

Who Pays Child Support?

Parents have a legal obligation to support their minor children and that obligation exists or continues if the parties are married, divorced, separated or were never married. In Washington parents can include natural parents, adoptive parents and domestic partners. Court ordered child support only comes into play if the parties have never lived together or when parties divorce, dissolve a domestic partnership or separate. In all divorces with minor children courts are required to order child support. Child support will be paid to the parent with whom the children reside the majority of the time.

How Is The Amount of Child Support Determined?

The amount of child support in Washington State is based on a table called the Washington State Child Support Schedule. This is a table created by the state legislature and codified into law. The table and the rules for applying it can be found at Chapter 26.19 RCW (Revised Code of Washington). The table sets the amount of child support based on the total of the net incomes of the parents and the number and ages of the children. The table gives what is called a “basic support obligation:” a total amount that is considered to be adequate to support the child or children. That basic support obligation is allocated between the parents based on each parent’s share of the combined monthly net income. For instance, if the parent ordered to pay support earns 60% of the total net income of both parents, then that parent will pay 60% of the amount shown on the table. The amounts in the table are legally “presumptive:” the courts are required to order the amount of support calculated from the table unless there is a specific circumstance justifying a “deviation.” The reasons for deviation listed in the statute are things such as debts of the paying parent, children from other relationships and the residential schedule for the children. These reasons for deviation are strictly defined in the law and a good attorney can help you to find out how or if these rules apply to your case.

Child Support income

What Is Net Income?

Since child support is based on the total net incomes of the parents it is important to have that income calculated accurately. In a case involving child support the parents are required to document their incomes, providing pay stubs, business records, W-2’s and income tax returns. These documents are required to be filed with the court and provided to the other party or their lawyer. These financial source documents are filed in a sealed file that is not accessible to the public. The law defines exactly how net income is calculated, specifying the things that can be deducted from gross income. The issue of this net income calculation is central to many child support disputes and an attorney can insure that the calculation is done correctly and in a way that protects your interests and those of your children.