Case Results

CHILD ABUSE – NO CRIMINAL CHARGES FILED AND CPS FINDING REVERSED.

Mother accused of assaulting her son and causing a significant cut to his head. “Founded” finding for physical abuse appealed to DSHS Area Administrator and then again appealed to OAH. Founded reversed to unfounded after appeal to OAH due to successful negotiations with Asst. Attorney General. Negotiated for no criminal charges to be filed.

  CHILD ABUSE – CPS ABUSE FINDING REVERSED

Father accused of physical abuse on young son which resulted to injury to child’s head/face. Client already informed of “founded” finding before firm was engaged. Assisted client with the appeal process through all levels of appeal including OAH proceeding. Argued case before the administrative law judge, citing both legal and factual arguments in support of client’s position. Judge ruled for client and ordered DSHS to reverse the founded finding to unfounded.

  COMPLEX DEPENDENCIES  

ABUSED INFANT – DISMISSED

First time parents took their infant son to the Mary Bridge emergency room for fever and not feeding. Within hours they were accused of abusing the infant for inflicted bruises and a red swelling under the tongues. The bruises were birth marks and the red swelling had a medical explanation. After the infant was removed from their care, he experienced small “fractures” (also debated). Case was dismissed after abuse was not proven.

  INFANT WITH MULTIPLE FRACTURES – DISMISSED

Infant had red swelling to her right leg. She was taken to Seattle Children’s Hospital after hours. She was found to have 17 fractures yet she was smiling. After arguing that the child had compromised bone strength due to Vitamin D deficiency the judge dismissed the case.

  INFANT WITH MULTIPLE FRACTURES – DISMISSED

Infant with swelling to her leg was taken to Seattle Children’s Hospital after hours. The baby was taken from the parents after the child abuse doctors decided the parents had no explanation for the injury and the fracture was from “inflicted trauma.” A dependency action was filed. After trial, the baby was returned to her parents.

  MUNCHAUSENS – DISMISSED

Medically complex child with an involved mother was accused by the child abuse doctors at Seattle Children’s Hospital.

  INFANT WITH FRACTURE- DISMISSED

New father accidentally drops baby. Baby is taken to Mary Bridge Hospital emergency room and cleared although parents are asked to return for a “skeletal survey.” Upon return a fracture to the ankle is found. Baby is taken by CPS and a dependency is filed. A second medical opinion results in case dismissal.

  CPS INVESTIGATIONS

We have handled dozens of CPS investigations and achieved unfounded findings for our clients.

  CRIMINAL CHILD ABUSE.

Father Allegedly Assaults Teenage Son – prosecutor dismissed after investigation revealed son had exaggerated and father had used appropriate physical discipline.

  • Infant Abuse, multiple cases – prosecutor declined to file charges after we successfully handled the dependency proceeding.
  • Child sexual abuse – prosecutor declined to file charges after alleged victim’s credibility was attacked.
  • Child sexual abuse – Police officer client accused of sexually abusing his daughter. Prosecutor declined to file charges.

In addition to our defense within child abuse and domestic violence, we have represented numerous individuals in municipal and superior court criminal proceedings.

  FAILURE TO REGISTER AS A SEX OFFENDER

Client moved to a new address and inadvertently provided the wrong street designation (north vs. south). He was charged with a felony. We fixed it and got the underlying requirement to register removed!

  ADULT SEX OFFENSE

Client was accused of raping a troubled teenage girl. Thorough background investigation into the girl and probing of her therapist who hypnotized her revealed numerous factors which undermined the girl’s credibility. After extensive discussion with the prosecutor and months of resistance, the prosecution dismissed the charge over the objection of the teenage girl and her family.

  ADULT SEX OFFENSE

Client was a dentist under investigation for rape. The police investigation was not thorough. Ms. Burke and her investigator found other witnesses who watched the alleged victim’s behavior with the dentist and that suggested consensual activity. The prosecutor stated she would have filed the charge but for Ms. Burke’s work. The charge was not filed and the dentist’s career and liberty was saved.

  ASSAULT OF/BY BOUNCER

A smaller Seattle Municipal Court charge. Client drank too much, got into an argument with a bouncer which ended physically. Through a special legal route, we obtained dismissal of the charge. Assault of bouncer charges are frequent Seattle Municipal Court charges.

DOMESTIC VIOLENCE ASSAULT – DISMISSED.

Prosecutor agreed to dismiss assault case. Evidence presented of alleged victim’s violent history and intoxication.

FELONY HARASSMENT – DOMESTIC VIOLENCE – DISMISSED.

Adult son was charged with threatening to kill his mother and malicious mischief for causing damage in the home. The prosecutor dismissed the case, after defense development of affirmative defenses and mitigating circumstances.

  FELONY ASSAULT DV STRANGULATION AND DEATH THREATS – DISMISSED

Medical student client is accused of strangulation, assault, and threats to kill. Despite insisting it’s all a lie, he’s charged with felonies, facing jail, expulsion from the medical school and a domestic violence protection order. The alleged wife is proven to be a liar via deposition and records. The prosecutor agrees to dismiss the charges entirely. Medical school penalty was appealed to the president of the University of Washington and overturned. The DV protection order was removed.

  FELONY ASSAULT WITH A GUN – LYING WITNESSES – DISMISSAL

Client discovers wife in bed with another man and ousts them with a gun. Legal defenses coupled with the wife and other man proven to be liars convinced the prosecutor to dismiss all charges.

  ASSAULT DV– DEFENSE OF PROPERTY – DISMISSED

An eyewitness reports domestic violence by our client against a woman. Witness saw a man pulling a woman out of a truck. The police respond and arrest our client. We proved that the “assault” was lawful force (protection of property) and the case was dismissed.

  ASSAULT DV – PRETRIAL MOTIONS = DISMISSAL

Witness reports alleged assault to the police and later recants. Our client faces deportation if convicted. The case is set for trial and we argue legal motions to dismiss on several bases. The court dismisses the charges after granting our pretrial motions.

  ASSAULT DV – LYING “VICTIM” – DISMISSAL

Witness reports alleged assault to the police and later recants. Our A husband reports his wife struck him. She is arrested and he obtains a domestic violence protection order in King County Superior Court. After protracted investigation we are able to prove to the prosecutor that the husband set his wife up and had lied to both the police but also the 911 dispatcher.

  ASSAULT DV – INJURIES = DISMISSAL

Our client is arrested for allegedly pushing his girlfriend’s head into the dashboard. Police arrest our client. We document our client’s injuries which are serious and in locations that prove he was defending himself. We convince the prosecutor and he dismisses the charge

  ASSAULT DV – IMMIGRANT WOMAN LIES – DISMISSAL

Immigrant wife claims regular abuse and torture by our client. The prosecutor commenced the case firmly believing that the immigrant woman had been horribly abused and that the client should be both convicted and deported. After comprehensive investigation and background work , we convinced the prosecutor to dismiss the case entirely.

  ASSAULT DV – FORCE TO EJECT A TRESPASSER – DISMISSAL

Boyfriend and girlfriend live together but they maintain separate living areas. She believed she could go in his space anytime she wanted until the day he pulled her out of his space. He was arrested and charged. The prosecutor dismissed the charge after accepting the legal argument that his force was lawful.

  SEVEN COUNTS OF FELONY DV CHARGESREDUCED TO TWO MISDEMEANORS, NO PROBATION, AND NO JAIL.

Client facing prison time and deportation if convicted. After 3 depositions of the alleged victim and gathering numerous records, prosecutor agrees to drop all felonies, recommend no jail time and no probation.

  ASSAULT DV – DISMISSAL

Our client was a respected attorney who married a foreign woman. She married our client to come to the US, he divorced her. She obtained protection orders against him when he went into court unrepresented by a skilled domestic violence attorney. She made claims that he violated the protection orders. Through careful investigation and documentation of her background, we were able to convince the prosecutor that she was not credible and get the case entirely dismissed.

  ASSAULT DV – DISMISSAL

Male client is continually attacked and injured by his wife. He is arrested after defending himself. He produces multiple photos of the injuries from her attacks (bite marks, welts, facial scratches, destruction of his property). Case dismissed by the prosecutor.

 
UNIVERSITY AND COLLEGE LEVEL DISCIPLINE

University of Washington’s Office of Community Standards and Conduct recommended suspension of medical student client. “Just a suspension” for 3 quarters would have seriously disrupted his program and limited residency options. We represented the student from the “informal hearing” to the Faculty Appeal Board and then the president of the UW. The discipline was overturned and the student was exonerated.

   SCHOOL SUSPENSIONS AND EXPULSIONS

A Garfield High School student was a victim of bullying when he fought back (and won), he was suspended for assault. The due process hearing was one sided. When he appealed to the next level, the discipline was overturned and he was returned to school.

  

A student was the victim of bullying. He showed a pocket knife and made a “hate list.”. He was suspended for the remainder of the school. The suspension was fully overturned at the first hearing.

These are a few examples of the types of protections order cases we’ve handled and gotten dismissed through contested hearing or by agreement.

  RESPONDENT WAS THE TRUE VICTIM –DISMISSED

Domestic violence protection order in King County Superior Court was initiated by a former boyfriend against our female client (the respondent). Argument to the judge was that our client, the respondent, was the true victim. Our client is no longer subject to a court order, but the original petitioner is found to be the abuser walks away with restraining order.

  FALSE RAPE ACCUSATION –DISMISSED

Client was accused of raping a relative. She petitioned for a protection order. The challenge was the Petitioner fit the common stereotypes of a vulnerable victim. Meticulous documentation of the motivations for the alleged petitioner to lie in addition to evidence that proved that our client could not have committed the crime resulted in dismissal by a judge after a hearing. The prosecutor was also convinced not to file criminal charges.

  LYING PETITIONER –DISMISSED

The Petitioner was confronted by our cross examination with evidence showing she had lied to the court. The court suspected perjury and referred her to talk with counsel prior to a second hearing. Case dismissed.

  OVERCOMING STEREOTYPICAL VICTIM –DISMISSED

Petitioner fits common stereotypes of a victim. Respondent was accused of all forms of abuse. After contested hearing in King County Superior Court, the court agreed with the Respondent and dismissed the case.

  RESPONDENT WAS THE TRUE VICTIM –DISMISSED

Domestic violence protection order in King County Superior Court was initiated by a former boyfriend against our female client (the respondent). After hearing our client was proven to be the true victim. Petition was dismissed.

  NOT A STALKER – CASE DISMISSED

Former boyfriend claims his ex-girlfriend is a stalker because of her repeated attempts at closure. Court extends temporary order for cooling off period and then dismisses the petition.

  WOMAN ABUSES MAN – CASE DISMISSED

Client was an army sergeant who was continually physically attacked by his wife. Due to her abuse, he left her. She then alleged he was the abuser. All stereotypes worked against him and he lost at the trial court level. However, case was fought through appeal and the order against our client was overturned and the wife ended up with an order against her.

  PETITIONER AGREES TO DISMISS THE PETITION (A FEW EXAMPLES)  

Dismissal Because It’s the Right Thing to Do –

after numerous hearings and belligerent behavior, the Petitioner agreed to dismiss her own petition when we asked, “will you dismiss this petition.” Her answer, “WHY WOULD I DO THAT!” Reply, “Because it’s the right thing to do and you know it.” Her reply, “Ok.” Result: Case dismissed.

  Peace Agreement -

Petitioner thinks getting a protection order is easy. When Respondent shows up at court with us, he gets cold feet. We draft an agreement to stay away from each other. Both parties leave and there’s never a problem again.

  Agreed dismissal of a sexual assault protection order case -

the Petitioner and our client were professional students at the University of Washington. She claimed our client raped her and sought a sexual assault protection order that would impact his educational and professional career. We submitted voluminous materials to the court demonstrate her dishonesty. Petitioner dismissed her petition and our client informally agreed to stay away from her.

  Agreed dismissal of a sexual assault protection order case –

The Petitioner had sex with our client and later regretted it. After appearance in court on several occasions, she dismissed her petition and the parties informally agreed to have no contact with each other.

  Agreed dismissal of sexual assault protection order –

Teenager with significant emotional problems alleges a close family friend sexually assaulted her. We negotiated away her sexual assault protection order petition (it was dismissed) , we prevented criminal charges from getting filed and the CPS abuse finding was overturned.

DISMISSAL – JUVENILE ANIMAL CRUELTY CHARGE

Client was a teenage boy with a stellar academic, family, social and athletic background. Neighbor’s dog was accidentally injured while the client was mowing the lawn. The neighbor and police rushed to judgment and performed a biased and inadequate investigation of the facts. The client was charged and the media was alerted. After the skilled assistance of a skilled forensic investigator, the prosecutor agreed to dismiss.

  DISMISSALS – JUVENILE FELONY CHILD SEX OFFENSE

We have handled many child sex offenses in which she has negotiated the case to a non-sex offense which was ultimately removable from her clients’ records and thus, saved them from lifelong stigma, limitation and embarrassment.

  DISMISSAL – JUVENILE FELONY EXPLOSIVE CHARGE

Client was one of several teenagers who looked suspicious in a Bothell park. When the police officer approached him and his friends, he found a pipe bomb in a backpack. Legal research revealed that the officer’s detention and search of the teenagers was unlawful. Prosecutor agreed to dismiss.

  REDUCTION AND DIVERSION – JUVENILE CHILD PORNOGRAPHY

Client was a boy who was allegedly in possession of a large amount of child pornography. The computer evidence was analyzed by an independent examiner and the questionable images were very few. The client may not have known these images were on his computer. The case was reduced to a misdemeanor and diverted. Client received no detention time or probation.

  REDUCTION AND DIVERSION – JUVENILE FELONY EXPLOSIVE CHARGE

Mercer Island client made a Molotov cocktail and threw it onto a neighbor’s property. He was charged with a high level felony that carried more jail time in juvenile court (two years) than he would have received as an adult. Through negotiation the case was drastically reduced and diverted. Client received no detention time or probation.

  REDUCTION AND PROBATION ONLY – JUVENILE FELONY ASSAULT WITH KNIFE CHARGE

Client was arrested and charged with felony assault which carried months of incarceration in a juvenile facility as the standard penalty. Client chased a boy out of his house and down the street with a knife. The alleged victim was a bully who provoked the client. The prosecutor agreed to reduce the charge to a misdemeanor and the boy received only probation.

  REDUCTION AND AUTO DECLINE REVERSAL – JUVENILE FELONY ROBBERY

Client was a teenage boy who was present with two other boys who allegedly acted in concert by threatening the man with a metal pipe and taking his property. He was charged with Robbery in the First Degree auto-declined to the adult system where he faced prison. By retaining an expert to track down eye witnesses and controvert other eye witnesses, client was returned to the juvenile system where he received a six month period of probation followed by dismissal of the charge entirely.

  ACQUITTAL – JUVENILE FELONY ARSON CHARGE

Three teenage boys allegedly burned down a porta potty with homemade napalm and the fire damaged other property to the tune of 20k. After trial and by 100% discrediting the police officer who took the client’s alleged confession. Without a confession, the State was not able to prove client’s participation. He was found not guilty.

  ACQUITTAL – FELONY ASSAULT

Client was alleged to have joined others in substantially beating a classmate. After trial and argument that client could not have caused substantial injury element of the felony assault, client was acquitted of felony assault.

  ACQUITTALS – JUVENILE SEX OFFENSE

We have each represented many teenage boys charged with rape of a peer. In these cases, we have successfully argued in trial that the alleged victim was not credible and our clients have been found not guilty.

  RELIEF FROM SEX OFFENDER REGISTRATION

Client was headed to college and petitioned the court for relief from sex offender registration stemming from a juvenile conviction. For no reason other than the fact that the client would be in a college setting, the prosecutor opposed the motion to relieve the client from his duty to register. We employed experts who established that client was no threat to community safety and should not be stigmatized on campus. The court agreed and relieved the client from his duty to register.

  JUVENILE SEX OFFENSE REFERRAL – NOT FILED.

Teenager alleged to have forcefully raped a classmate. The prosecutor declined to file charge after defense evidence of consent presented.

  JUVENILE SEX OFFENSE FELONY CHARGE – REDUCED TO MISDEMEANOR NON-SEX OFFENSE.

An alleged forceful rape resulted in a misdemeanor assault and a deferred disposition. The prosecutor substantially reduced the charge after lengthy negotiations. The case will be dismissed and sealed in one year. No detention time served.