Unlawful Hunting of Big Game Second Degree; Unlawful Purchase/Use of a Hunting License #C946**
Apr 09, 2019
OUTCOME: Dismissed Counts I & II, Prevented the Suspension of Hunting License
Client was originally charged with Count I RCW 77.15.410 Unlawful Hunting of Big Game Second Degree, Count II RCW 77.15.650 Unlawful Purchase/Use of a Hunting License and Count III RCW 77.15.290 Unlawf...ul Transportation of Fish or Wildlife. Counts I & II are gross misdemeanors exposing Client to 1 year in jail and a $5,000 fine each. Making matters worse, Counts I and II brought the automatic suspension of Client's hunting privileges for 2 years if he was convicted. Here, Client shot a large deer, followed it into the forest and shot another deer. Fish & Wildlife (F&W) authorities arrived while Client was dressing both deer. They seized his rifle and cited him with the charges above. Fortunately, Mr. Ransom assembled a favorable merit package and persuaded Prosecutor to dismiss Count I and II in exchange for a plea to Count III, which was merely a simple misdemeanor. The judge agreed with this resolution. He ordered Client serve no jail and pay a $500 fine. Even better, our resolution avoided the suspension of Client's hunting privileges.
Criminal defense
Possession of Methamphetamine #17-1-00***-*
Mar 21, 2019
OUTCOME: Dismissed
Client was charged with Possession of Methamphetamine, a Class C Felony under RCW 69.50.4013(1). The charge carries a maximum sentence of 5 years prison and a $10,000.00 fine. Here, police officers fou...nd Client asleep inside a vehicle she did not own. Officers woke her, questioned her and discovered methamphetamine during the search. Mr. Ransom's investigations revealed that Client had a significant history of mental health struggles. Indeed, there were serious concern whether Client was competent to assist in her representation. In felony matters, defendants who are found incompetent must be placed in a DSHS facility for 90 days of competency restoration treatment. If that treatment is not successful, it is possible for a defendant to be ordered into further restoration treatment for a period of up to an additional 270 days. If a defendant is not successfully restored, however, then the State must amend or dismiss the charges. Consequently, Mr. Ransom persuaded Prosecutor to dismiss the charges rather than force Client to unnecessarily undergo an 90-day observation from DSHS which probably would have found Client incompetent anyway.
Criminal defense
Attempting to Obtain a Controlled Substance By Fraud Or Forgery (2 Counts) #16-1-015**-*
Jan 30, 2019
OUTCOME: Reduced & Dismissed
Client faced two counts of Attempting to Obtain a Controlled Substance By Fraud Or Forgery under RCW 69.50.403, a Class C Felony. Here, Client allegedly tried to obtain prescription medications from Ri...te-Aid via forged documents. Mr. Ransom created a compelling merit package which revealed Client was a college student who suffered from pre-existing brain injury/trauma. Her injury - and its following misdiagnosis - resulted in Client experiencing psychosis by taking unnecessary medications prescribed by her doctor. Additionally, Client's vulnerable condition also made her susceptible to manipulations from others she believed were her friends. While her case was pending, Client successfully completed a drug treatment program. The combination of Client's fairly strong Diminished Capacity defenses and her successful completion of a drug treatment program persuaded Prosecutor to dismiss one count and reduce the other count to Solicitation, which is a gross misdemeanor. Client served no jail and preserved her ability to obtain federal student financial aid. Also, she can vacate/expunge the Solicitation conviction after 3 years.
Criminal defense
False Statement to Public Servant #BUC0206**
Dec 12, 2018
OUTCOME: Dismissed
Client was charged with Making False Statements to a Public Servant under RCW 9A.76.175. The charge is a gross misdemeanor punishable up to 1 year of jail and a $5,000.00 fine. Even worse, it is a crim...e of dishonesty which negatively affects future job prospects and opportunities. Here, Client was a young man who tried to purchase marijuana through a stranger he met online. Unfortunately, the stranger stole Client's money and did not deliver the marijuana as promised. Client contacted 911 and said the stranger stole Client's money. Eventually, the police caught the individual who stole Client's money. Upon further investigation, however, the police discovered the nature of the illegal transaction between Client and the stranger. Consequently, although the stranger was charged with theft, Client was also charged with Making False Statements to a Public Servant. The initial plea offer demanded that Client to plead guilty as charged, serve five days of jail and pay a $500 fine. However, through careful negotiations and a well-written apology letter from Client to the police, Mr. Ransom persuaded Prosecutor to dismiss the charges.
Criminal defense
Reckless Driving #BUC209**
Nov 28, 2018
OUTCOME: Reduced & Dismissed
Client charged with Reckless Driving under RCW 46.61.500. This is a gross misdemeanor punishable up to 1 year in jail, $5,000.00 fine, mandatory evaluations with treatment (drugs, alcohol and/or aggres...sive driving treatment depending on the circumstances), active probation and a 30-day license suspension. Client was the victim of a Hit-& Run accident and engaged a high-speed chase with the vehicle that struck him. Surveillance videos recorded the high-speed chase occurring. Fortunately, Client had a valid Necessity defense. In short, Necessity is a defense to a charge of Reckless Driving if (1) the defendant reasonably believed the commission of the crime was necessary to avoid or minimize a harm; (2) the harm sought to be avoided was greater than the harm resulting from a violation of the law; (3) the threatened harm was not brought about by the defendant; and (4) no reasonable legal alternative existed. Here, Client merely wished to gain the contact information of the vehicle that struck his vehicle and report that fleeing driver to police. Fortunately, Mr. Ransom's negotiations with Prosecutor improved. Prosecutor agreed to reduce the charge to Negligent Driving under RCW 46.61.5429. This is a simple misdemeanor which avoids the 30-day license suspension that Reckless Driving brings. Prosecutor offered no jail, $250 fine, 24 hours of community service and a 1-year deferred sentence resulting in dismissal if Client attends a traffic safety driving class. This was a good resolution which avoided a risky jury trial and ended in dismissal.
Criminal defense
Assault Fourth Degree Domestic Violence #8Z3548**
Nov 21, 2018
OUTCOME: Dismissed
Client was charged with Assault Fourth Degree Domestic Violence (DV) under RCW 9A.46.041. This is a gross misdemeanor punishable up to a year in jail, a $5,000.00 fine, DV evaluations, drug/alcohol ev...aluations, active probation and No-Contact Orders with any alleged victims. Being convicted also harms future employment opportunities, prohibits the owning/possessing of firearms and denies entry into Canada. Here, the allegations involved Client drinking alcohol and slapping/dragging his wife in front of their children.
Despite the challenges, Mr. Ransom worked hard to reduce or dismiss the charges. He advised Client to obtained an alcohol evaluation. It returned showing Client suffered no alcohol problems. Also, Mr. Ransom drafted a statement with Client's wife expressing her desire to rescind the No-Contact Order and dismiss Client's charges. Finally, Mr. Ransom contacted Prosecutor and scheduled a Motion to Rescind the No-Contact Order between Client and Client's wife before the holiday season. Consequently, on the day before Thanksgiving, Prosecutor offered to reduce the Assault DV to Disorderly Conduct non-DV. Disorderly Conduct is a simple misdemeanor, and does not deter any future employment opportunities. The judge imposed no jail and a minimal $250 fine. He rescinded the No-Contact Order and imposed no probation. Finally, Client's Disorderly Conduct conviction shall be dismissed after 1 year under a Deferred Sentence agreement. Client was extremely happy to be reunited with his family in time to celebrate the holidays together.
Criminal defense
Assault Second Degree, Malicious Mischief First Degree, Witness Tampering, NCOV & Failure to Surrender Weapons
Nov 21, 2018
OUTCOME: Reduced Felonies to Misdemeanors, Avoided Prison & Rescinded No-Contact Order
Client was originally charged with Assault Second Degree Domestic Violence (DV) under RCW 9A.46.021 and Malicious Mischief First Degree (DV) under RCW 9A.48.070. The charges involved a Class B felony s...trike offense and a Class C felony with maximum prison and/or fines being 10 years and $20,000. Although Client had no prior criminal history, he faced the possibility of going to prison for 1 year or longer. The facts were egregious. The alleged victim was the girlfriend of Client, a well-known successful local entrepreneur. Unfortunately, Client's girlfriend reported to police that Client brutally attacked her, strangled her and destroyed her property. Client was arrested. After posting bail, the police learned that Client and his girlfriend were mutually meeting each other and violating the No-Contact Order. Again, Client was arrested. He was also charged with Tampering With a Witness under RCW 9A.72.120, Violation of a No-Contact Order (DV) under RCW 26.50.110 and Failure to Surrender a Weapon (Firearm) under RCW 9.41.800. These charges were Class C felonies and gross misdemeanor DV offenses. This time, the Court ordered Client to wear an Electronic Home Detention ankle bracelet in order to track his locations via GPS and prevent further contact with his girlfriend. In another twist, Client's girlfriend came forward and recanted her accusations. She admitted lying to police about being attacked. Ultimately, she wanted all charges dismissed, the No-Contact Order rescinded and to be reunited with Client. Mr. Ransom filed pretrial motions to compel evidence, release property, amend release conditions and lower Client's bail. Later, in yet another twist, Mr. Ransom discovered that law enforcement officers made crucial, detrimental errors in their investigations. At a court hearing, the judge decided these officers should be removed from further investigating Client's case. The accumulation of the investigative errors, Mr. Ransom's pretrial motions and Client's girlfriend refusing to cooperate with authorities encouraged the Prosecution to resolve the charges favorably on Client's behalf. Ultimately, the felony charges were dismissed. Client pled guilty to gross misdemeanors. Although Client was ordered to serve 30 days jail, obtain a DV evaluation, follow treatment and be monitored by probation for 2 years, the judge also allowed jail alternatives and rescinded the No-Contact Order, thus reuniting Client with his girlfriend. Mr. Ransom also persuaded the court to remove Client's ankle bracelet, return Client's cell phone and iPad which were confiscated by police and allow Client to move back home.
Criminal defense
Hit & Run Unattended & Improper Backing of Vehicle #8Z508***
Oct 16, 2018
OUTCOME: Dismissed
Client charged with Hit and Run Unattended under RCW 46.52.010 and Improper Backing of Vehicle under RCW 46.61.605. Here, Client accidentally backed into another vehicle and damaged it. The Hit and Run... charge is a gross misdemeanor carrying a maximum of 1 year in jail, a $5,000.00 fine and increased car insurance rates. The Improper Backing charge is a traffic infraction. At first, Prosecutor wanted Client to plead guilty to the Hit and Run charge, pay a $300 fine and perform 16 hours of community service. Nevertheless, Mr. Ransom sought dismissal through Washington’s Compromise of Misdemeanor statute, RCW 10.22. The statute allows dismissal of property charges if the alleged victim is compensated for the damages (please read my Legal Guide titled, "Dismissing Property Cases: The Compromise of Misdemeanor") Here, Client's car insurance company paid the damages to the alleged victim’s vehicle. Unfortunately, Mr. Ransom ran into another hurdle: the alleged victim failed to respond to both Mr. Ransom's and the Prosecutor’s attempts at contact. Nevertheless, the lack of response ultimately worked in Client's favor. Mr. Ransom filed a Motion to Compel a Witness Interview. Again, the alleged victim never responded. This prompted Prosecutor to dismiss the charges in their entirety. Client avoided jail, avoided probation and avoided a criminal conviction altogether.
Criminal defense
Assault Fourth Degree (DV) #7Z0875***
May 31, 2018
OUTCOME: Dismissed via SOC Agreement
Client was charged with Assault Fourth Degree Domestic Violence (DV) under RCW 9A.36.041. This is a gross misdemeanor punishable up to a year in jail, a $5,000.00 fine, DV evaluations, drug/alcohol ev...aluations and/or 2-5 years of active probation at the cost of $100.00 per month. Here, the allegations involved Client choking and wrestling the alleged victim. They were relatives who lived together. The alleged victim recorded the entire incident on her iPhone. Overwhelmingly, the video shows the alleged victim instigating the fight and attacking Client. The sole witness would have testified that Client responded in self-defense. Also, during the course of investigations, Mr. Ransom uncovered evidence that the alleged victim has a history of violent, aggressive behavior against Client and others. As a result, Mr. ransom made a pretrial motion to admit the evidence under ER 404(b), ER 608 and ER 609 and in support of Client's self-defense claims. If the jury acquitted Client on self-defense, then Mr. Ransom would have recovered attorney’s fees. Our efforts were fruitful. Ultimately, Prosecutor offered a Stipulated Order of Continuance (SOC) allowing dismissed of the charges in 1 year if Client showed law-abiding behavior and simply avoided criminal charges. This was a highly beneficial result which avoids trial, avoids convictions and ends in dismissal.
Criminal defense
Malicious Mischief Third Degree, Criminal Trespass First Degree and Minor In Possession of Alcohol #8Z0231***
Apr 09, 2018
OUTCOME: Dismissed via SOC Agreement
Client charged with Malicious Mischief Third Degree under RCW 9A.48.090, Criminal Trespass First Degree under RCW 9A.52.070 and Minor in Possession under RCW 66.44.270. All crimes are gross misdemeanor...s punishable up to 1 year in jail and a $5,000.00 fine. Here, Client was a college student who walked into a dormitory uninvited and destroyed property while under the influence of alcohol. He risked his future career prospects and being expelled from school if convicted. Fortunately, Mr. Ransom negotiated a Stipulated Order of Continuance (SOC) allowing dismissal of all charges in one year if Client paid the property damage and attended Alcohol Drug Information School. This was very good outcome which avoided expulsion and saved Client's future career.