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Case Conclusion Date: 01.21.2014
Practice Area: Criminal defense
Description: Client was charged with two counts of Communicating With a Minor For Immoral Purposes under RCW 9.68A.090. These are Class C Felony sex offenses punishable up to 5 years prison and a $10,000.00 fine. Convicted defendants must also register as sex offenders. The alleged facts involved lurid communications over the internet. Despite the challenges, I undertook the multi-layered task of (1) relaying positive information about my client to the Prosecutor while the case was pending, (2) convincing the Prosecutor to reduce the charges to something other than felonies and sex offenses; and (3) preparing for trial should negotiations fail. During negotiations, my client and I constructed a "merit package" consisting of character reference letters and other documents showing that, despite the charges, he was an otherwise upstanding and law-abiding citizen who was respected by his employer, family and friends. Although our negotiations with the Prosecutor were professional and fairly reasonable, we failed to reach a settlement which prevented my client from registering as a sex offender. Consequently, we requested a jury trial. At this point, our strategy was to conduct recorded interviews with the alleged victims for the purposes of (1) showing inconsistencies in their statements, (2) revealing they were not competent to testify, and/or (3) showing they misrepresented themselves over the internet. Our strategy prompted more negotiations with the Prosecutor. Eventually, he dismissed the case.