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Case Conclusion Date: 08.13.2013
Practice Area: Criminal defense
Description: Client was charged with Unlawful Imprisonment Domestic Violence (DV) under RCW 9A.40.040(1). This is a Class C Felony punishable up to 5 years jail and $10,000.00 fine. On the date of the incident, B.J. and his wife consumed alcohol and became intoxicated. She became abusive toward him. She also threatened to immediately leave the home and drive away in their car. In response, B.J. briefly locked his wife away in the utility room of their home. He was concerned for his wife's safety and the safety of other people if she left the home and operated a motor vehicle. While inside the utility room, his wife called police. They arrived and investigated the incident. Immediately, B.J.'s wife was remorseful for contacting police. She did not want B.J. arrested. Unfortunately, and pursuant to RCW 10.99.030 and RCW 10.31.100, police officers MUST arrest individuals and take them to jail in situations like this. After being charged with a felony, the court entered a No-Contact Order between B.J. and his wife and child. He was forced to live with a friend. While the case was pending, B.J. was offered 30 days jail in exchange for his guilty plea. We rejected the offer and demanded a jury trial. Our investigations revealed B.J.'s wife wanted the charges dismissed, she wanted the No-Contact Orders rescinded and that she overreacted by contacting police. Our defense was Self-Defense and Necessity. On the day of trial, the Prosecutor dismissed the case. The judge rescinded the No-Contact Orders. B.J. and his wife walked out of court; happy to be reunited.