pimentel_and_associates

Understanding No-Contact Orders

adrian@apimentellaw.com (Adrian Pimentel) — Fri, 31 Dec 2021 07:10:28 GMT

No-Contact Orders Are a Serious Matter

No-contact orders are issued in Washington State to protect someone who is considered to be the victim of a domestic violence case or is in fear of violence. Courts issue no-contact orders when the defendant is facing abuse charges or has been convicted. These types of orders inhibit the alleged abuser from establishing contact in any way including through social media, a third party, or directly.

It is considered a crime to violate a no-contact order. Any form of contact, whether digital or in-person, may result in additional penalties. Violating a no-contact order will be considered a separate offense from the original charge. For someone who has two or fewer prior convictions for violating a no-contact order, the charge for a violation without any assault in the original domestic violence incident involved is a gross misdemeanor, which may incur a year in jail and a $5,000 fine. For those with a history of violating these orders or whose domestic violence charge included assault, the offense for a no-contact violation is a Class C felony. This felony carries a maximum jail sentence of five years and a $10,000 fine.

The first thing you need to know is that domestic violence is not a crime; it is a designation. It can apply to anyone that is a “Family or household member.” Nevertheless, it has significant consequences. You must understand the implications of a domestic violence conviction. The lawyers at Pimentel and Associates deal with domestic violence designation crimes in Kitsap County, Washington, every day.

A domestic violence conviction can have far-reaching consequences. If you have been accused of any of these crimes or any felony that includes a Domestic Violence (DV) designation, you need to contact Pimentel & Associates, the premier Kitsap County Domestic Violence attorneys immediately. A conviction to any felony or any of the misdemeanor crimes listed above results in a loss of firearms rights. A misdemeanor conviction with any DV designation can result in tougher sentences for some felony crimes. Furthermore, Domestic Violence designations can be considered by prospective employers, in housing decisions, and other aspects of life.

Pimentel & Associates is ready to partner with you.

For more information, give us a call or fill out a free case evaluation to see if you qualify to have your convictions vacated.

Posting Bail in Washington State

adrian@apimentellaw.com (Adrian Pimentel) — Thu, 16 Dec 2021 06:34:32 GMT

You have been convicted of a crime. Now what?

Being convicted of a crime can be devastating. You can be certain that it will be taxing on your family, career, and finances. If you are accused of committing a crime in Kitsap County or beyond, it is vital that your first course of action is to secure a criminal defense attorney capable of navigating you through the process. Whether you are guilty or innocent, proper legal representation will provide you with the counsel necessary to understand the justice system.

It is possible to be released on bail after booking if you have been charged with a misdemeanor. A cash bond will be required. The amount of the bond is predetermined by a misdemeanor bail schedule. In the case of a felony, defendants require an arraignment before bail is set. An arraignment is a defendant’s first appearance before a judge. It is never wise to make this appearance without an attorney present.

Once your bail has been set, your criminal defense attorney can assist you with securing bail. Posting a bond in cash is more efficient and will allow for a quicker release than organizing a bail bond agent and a surety bond. Bail will most likely be denied if the defendant has missed a scheduled court appearance, is currently on probation or is charged with a capital offense.

When charged with a crime as serious as murder, manslaughter, or vehicular homicide, the assistance of an experienced attorney is absolutely essential to ensure your rights and interests are protected. Adrian Pimentel has handled over 30 homicide cases over the years. In 2004, Mr. Pimentel represented a gentleman charged with Aggravated First Degree Murder. The prosecution’s witness list had over 100 witnesses on it. It took 18 months to prepare the case for trial. Ten days before trial, the prosecution relented. They acknowledge publicly that if the case went to trial, they would lose. Mr. Pimentel’s client, who had declared his innocence for 18 months, was released that day.

Pimentel & Associates is ready to partner with you as you rewrite your future. For more information, give us a call or fill out a free case evaluation to see if you qualify to have your convictions vacated.

Best Practices for Police Contact

adrian@apimentellaw.com (Adrian Pimentel) — Mon, 29 Nov 2021 08:38:39 GMT

What To Do During a Police Encounter

Remaining calm during an encounter with law enforcement is most beneficial. You may feel stressed or combative when approached by a police officer but it is important to remember that cops are public servants employed to keep the peace. If an officer has reasonable suspicion that you are engaged in criminal activity or have firsthand knowledge of criminal activity, they may stop you. Comply with the officer's request during the encounter. You are well within your rights to ask why you have been stopped but do not become argumentative if the officer does not respond. During questioning, you have the right to remain silent.

An officer does not require a warrant to search your person by patting down the outside of your clothing. They may also request to see identification. In the case of a vehicle search, you can let them know that you do not consent to the search if they do not have a warrant. Do not interfere with the search, as this could give them a reason to restrain you. An attorney will be able to invalidate any evidence obtained in an illegal search. If you are under arrest, do not resist. Resisting arrest can be charged as a separate crime. Refuse to answer any questions without a lawyer present.

Your legal counselors at Pimentel & Associates are highly qualified criminal defense attorneys who have a wide range of professional and life experiences that make them aggressive, compassionate, and creative advocates for their clients. As skilled and respected lawyers, we have developed strong working relationships with Kitsap County’s criminal justice system, from administrators to prosecutors to judges. We apply our expertise across the full spectrum of criminal defense ranging from misdemeanors to aggravated murder. We are recognized for our longstanding reputation for integrity and trustworthiness within Kitsap County and throughout Western Washington.

Call on us. Count on us. We’re here to help. Call now for a free consultation .

Registering as A Sex Offender

adrian@apimentellaw.com (Adrian Pimentel) — Tue, 16 Nov 2021 07:51:47 GMT

A Quick Overview of the Sex Offender Registration Process

Once you have been convicted of a sex offense in Washington State, you are required by law to register as a sex offender. Having a firm understanding of your legal rights and responsibilities is vital. You will be required to register for a determined amount of time, according to your offense. Risk level classifications vary from Level I to Level III. Level I offenders are classified as low risk and are not included on the Washington State Sex Offender Registry . Level II offenders are published on the Washington State Sex Offender Registry because they are considered a moderate risk to sexually re-offend. Level III offenders are included on the registry and are classified as high risk to sexually re-offend. Learn more here .

Sex offenders must register in the county where they reside as well as the counties where they work and/or go to school. When you register as a sex offender it is imperative to provide current and accurate information. The registry requires the following items: your name, residential address, date and place of birth, social security number, photograph, fingerprints, and place of employment. You will also be required to provide details about your conviction, including the date and place of conviction.

Before you are convicted, hire Pimentel and Associates to fight for you. We are a local firm with offices near the Courthouse and Sheriff’s Office. We have experience in Sex Crimes and how they are prosecuted in Kitsap county. We know your adversary; we work with these prosecutors day in and day out. We know the Judge that will be assigned to your case. We know how to argue bail in this county; we are part of the bail process daily. We know how to negotiate your case; we know what will work to get the best outcome possible. We know the ins and outs of trial practice in this county. Pimentel & Associates is ready to partner with you. For more information, give us a call or fill out a free case evaluation .

Are you Eligible to Vacate a Misdemeanor Conviction?

adrian@apimentellaw.com (Adrian Pimentel) — Thu, 28 Oct 2021 20:06:38 GMT

You may be eligible to vacate a misdemeanor conviction.

Criminal convictions often have long-lasting consequences that affect multiple facets of your life. You may find yourself unable to secure a job or housing due to prior convictions that remain on your record. In 2019, a united group of Washington State lawmakers worked to instate the New Hope Act . This legislation was designed to assist people with criminal records as they reintegrate into their communities. The New Hope Act empowers people to rewrite their future.

Under this legislation, there is an expanded list of the type of misdemeanor convictions that can be vacated as well as an allowance for multiple misdemeanors to be vacated all at once. Certain felony offenses have been included amongst convictions that can be vacated. The Act eliminates the “once in a lifetime” limitation for vacating misdemeanor crimes. Class C felonies require a waiting period of five years, while Class B require ten. However, under the New Hope Act, applicants are now able to apply for a vacated sentence prior to paying off fees and fines. When a conviction is vacated, it is removed from your criminal history and you are legally allowed to say that you have never been convicted of a crime. Law enforcement will be prohibited from informing others about your conviction.

You may be eligible to vacate your conviction if you have not violated a court order in the past five years, have completed your sentence, have not been convicted of a new crime in three years, and do not have any criminal charges pending against you. Petitioning to vacate your convictions is an arduous task. Pimentel & Associates is ready to partner with you as you rewrite your future. For more information, give us a call or fill out a free case evaluation to see if you qualify to have your convictions vacated.

Gun Rights Restoration

adrian@apimentellaw.com (Adrian Pimentel) — Mon, 18 Oct 2021 22:32:11 GMT

What You Need to Know About Gun Rights Restoration

When the Founding Fathers penned the Second Amendment in the Bill of Rights, Americans were guaranteed, “The right of the people to bear and keep arms shall not be infringed.” After a criminal conviction, you may find that your right to bear arms has been revoked. Felony convictions, misdemeanor domestic violence convictions, or no-contact orders are the most common reasons that prohibit someone from possessing firearms. It is a violation of the law for you to possess a firearm, ammunition, or incomplete parts of a gun once your gun rights have been revoked. Living in a home with a person who stores a gun or even being in the company of a gun owned by another person places you in peril of an unlawful firearm possession charge.

You may be eligible to have your gun rights restored if you are free of any pending criminal charges in all states and any federal court, free of convictions for felony sex offenses, free of any court restraining order for domestic violence, and free of convictions for class A felonies that carried a maximum sentence of twenty years. Class B or C felonies require a waiting period of five or more years without committing a crime.

In Washington, the Superior Court is the only court that has jurisdiction to restore gun rights. To restore your firearm rights you are required to file a written motion and notify the prosecuting’s attorney's office. The eligibility requirements are numerous and the process is tedious. Pimentel & Associates specializes in streamlining this process for clients locally in Kitsap County, state-wide in Washington state, and nationally for all 50 states. For more information, give us a call or fill out a free case evaluation to see if you qualify for gun rights restoration.

What to Know: First Offense DUI in Washington

Tue, 23 Jun 2020 06:00:00 GMT

The FYI on First Offense DUI in Washington

In Washington state, it is illegal to drive or be in actual physical control of a vehicle while under the influence of drugs or alcohol. You can be convicted of a DUI (driving under the influence) for getting behind the wheel while:

impaired by drugs or alcohol to an extent that your “ability to drive a motor vehicle is lessened in any appreciable degree” (an “impairment” DUI) having a blood alcohol concentration ( BAC ) of .08% or greater (a “ per se ” DUI), or

having a concentration of five nanograms or more of THC (the primary psychoactive ingredient in marijuana) per milliliter of blood (a “per se marijuana” DUI).

DUI offenses based on impairment (drugs or alcohol), THC concentration, and BACs under .15% typically carry the lowest penalties. DUI offenders who refused chemical testing (blood or breath) in violation of Washington’s implied consent laws or had a BAC of .15% or greater generally face more severe consequences.

Below are some of the administrative and criminal penalties for a first-offense DUI. Generally, a DUI is considered a first offense in Washington if the motorist has no prior DUI convictions within the past seven years.

1) Administrative Penalties

“Administrative penalties” are those imposed by the Washington State Department of Licensing. Some administrative consequences are triggered by the arrest and apply even if the defendant is never actually convicted of a DUI in criminal court. For a first DUI, the administrative penalties include:

Per se marijuana and per se alcohol . Motorists who are caught driving with a BAC of .08% or more or with a THC concentration of at least five nanograms per milliliter of blood typically face a 90-day administrative license suspension.

Chemical-test refusals . Motorists who refuse chemical testing generally face a one-year administrative license suspension.

The Department of Licensing also requires all motorists convicted of a first-offense DUI to have ignition interlock devices ( IIDs ) on their vehicles for at least one year. And DUI first offenders who had a passenger under the age of 16 in their vehicle at the time of their offense are required to have IIDs for at least 18 months.

2) Criminal Penalties

“Criminal penalties” are those imposed by a criminal court following a DUI conviction. For a first DUI, the criminal penalties include:

Per se marijuana, per se alcohol with BAC under .15%, and impairment DUIs. Motorists who are convicted of a per se marijuana, per se alcohol with a BAC under .15%, or an impairment first-offense DUI are typically guilty of a “gross misdemeanor.” Convicted drivers generally face one to 364 days in jail, at least 15 days of electronic home monitoring (EHM), or 90 days in a “ 24/7 Sobriety Program .” The criminal penalties also include $550 to $5,200 in fines and fees and a 90-day license suspension.

Chemical-test refusals and BACs of .15% or greater . Motorists who are convicted of a first-offense DUI involving a chemical test refusal or BAC of .15% or greater are typically guilty of a gross misdemeanor. Convicted drivers generally face two to 364 days in jail, at least 30 days of EHM, or 120 days in a 24/7 program. The criminal penalties also include $700 to $5,200 in fines and fees and a one-year license suspension.

Depending on the circumstances, a judge might also order a DUI offender to participate in an educational or substance abuse treatment program. And for any first offender who had a passenger under the age of 16 at the time of the offense, the judge must impose an additional one day in jail and increase the fines and fees to $1,200 to $5,200.

3) Seeking Legal Help

Washington DUI law is complex, and the facts of every case are different. If you’ve been arrested for driving under the influence, talk to an experienced DUI attorney in your area. A qualified DUI lawyer can tell you how the law applies to the facts of your case and help you decide on the best course of action.

Getting to Know the Kitsap County District Court

Tue, 12 Mar 2019 14:53:24 GMT

The Kitsap County District Court is a court of limited jurisdiction, and has jurisdiction over misdemeanors and gross misdemeanor crimes. These crimes carry a maximum penalty of 364 days in jail and/or a $5,000 fine.

The most common criminal charges include criminal traffic charges such as Driving Under the Influence (DUI), and Driving with a Suspended License. Other misdemeanor charges of Assault, Theft and Misdemeanor Domestic Violence charges are filed in District Court. Most Traffic offenses (infractions) such as speeding, vehicle registration (tabs) charges and equipment violations are also heard in District Court.

Small Claims in amounts not exceeding $5,000 and civil actions not exceeding $100,000 are heard in District Court. It also has jurisdiction over Unlawful Harassment petitions (neighbor disputes), Protection Orders (family/intimate partner matters) and hears Petitions for name changes.

Probation Services of the District Court monitors offender’s compliance with sentences ordered by the Court. Probation is a sentencing alternative to incarceration in jail. These conditions might include No Contact Orders granted in cases of Domestic Violence or treatment for alcohol/drug abuse ordered for DUI offenders. Referrals for treatment are made from this office.