School resource officer had sex with Bothell teen

It is often easy for us to forget that behind a person’s chosen profession, is still a person. And people are flawed. Different professions give us different amounts of power, and responsibility. To quote Spider-man, with great power comes great responsibly. Just about any profession can offer temptation to bend or break the rules. Everything from taking pens from work to embezzling millions to endangering someones life. The more power you have over another, the more oversight must be provided and ultimately the harsher the punishment for the wrongdoing. As a Lynnwood Criminal Defense Attorney, there is legal oversight as well as the Bar Association the monitors attorneys conduct.

This is often my rationale for why police officers must be held to a higher standard then others. A police officer is imbued with the power of the State to act on behalf of the State. This includes the ability to deprive an individual of the property, privacy, liberty, and in the most extreme cases their life. I have a profound amount of respect for most Officers. They do a dangerous job that most of would not. But, the recent trend of poor police work, and in some cases outright criminal conduct, has put good put honest police officer in more danger and under more scrutiny.

Take the recent case of the school resource officer who had had sex with a Bothell Teenager. The Teenager was only 17 when she first had sexual contact with Officer Dione Thompson, then in her 40’s. According to the charging documents, the sexual contact first occurred in the Officer’s vehicle outside of the school library. Because of the age of the teenager and the position of the Officer, consent is not possible. If true, the Officer clearly abused her power and took sexual advantage of the teenager. Taking sexual advantage of a 17 year old is unacceptable, especially when the perpetrator is the Officer tasked with protecting them.

Behind the shield is person, and you do not always know what that person is capable of. Protect yourself by knowing your rights. Treat Officers with respect, many of them are there to protect you, do their job, and go home to their families. But for the ones that blur the line between lawful and unlawful conduct, protect yourself by knowing your rights. If you are the target of a criminal investigation or have already been accused of a crime, contact a Snohomish criminal defense attorney to stand by you. Just because you have been accused of a crime and the evidence paints a bleak picture, does not mean that you have to roll over. Contact the Law Firm of Lucas D. McWethy to receive a free consultation regarding you DUI, Assault 4, Theft or other criminal charge and find out how we can fight to preserve your future. 206-427-4901

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DV Assault and the No Contact Order

Getting arrested for Assault in the fourth degree is a scary circumstance. There is the fact that you have just been arrested, the question of whether or not the police will hold you in jail, and whether or not this allegation will have a domestic violence (DV) qualifier added to it. If the alleged Assault occurred against a family member, someone you live with, or someone you have had an intimate relationship with, the answer is yes, it will have a DV tag on it. The DV tag can be added to a number of charges including Assault, Malicious Mischief, Reckless Endangerment, Stalking, and much more listed in RCW 10.99.020 (5).

So what does it mean to you if the prosecutor files the Assault in the 4th degree with a Domestic Violence tag on it? Well, if you were arrested in Lynnwood, Washington for Assault 4 DV, this would mean that you were likely held in jail over night or until you could appear in front of the Lynnwood Municipal Court Judge. The Judge would then review the allegations and decide what conditions of release should be imposed, or if you should be held on bail. With the Domestic Violence tag, a no contact order will almost always be entered in against you. This means that upon your release, you may not be able to go home or have any contact with the alleged victim, even if the victim does not want this order. The order is entered in by the Judge, typically at the request of the prosecutor. Have an attorney there to assist you as early as possible is the best chance you have at avoiding no contact order.

The original intent of these no contact orders were to protect people that could not or would not protect themselves. People in a cycle of domestic violence that are so intertwined in the circumstances that they are not able to act in their own best interest. The no contact order allows the State to step in and protect that person while determining if the pending criminal charge is viable. Unfortunately, the use of the no contact order in the criminal realm has exceeding this original intent. It is now common for the court to enter these no contact orders on every Domestic Violence charge unless presented with convincing reason not to. The courts want to err on the side of caution (and avoid any liability). And while the courts are being cautions, families that want to reconcile and work through their difficulties are separated and endure significant financial difficulty (the expense of an attorney and sometimes a second residence for a significant period of time). These no contact orders typically last until the criminal allegations are settled. Violating a no contact order is an additional criminal violation that may carry jail time and revoke probation on the original charge.

What I am describing is a no contact order issued by the judge in a criminal proceeding. There are also no contact orders that can be issued by either the District Court or the Superior Court through a civil proceeding. These cases are typically originated by the victim and are completely different than what I describe above. But I will save the particulars of that for another blog.

If a no contact order has been entered in against you or a family member, sometimes the best way to get the no contact order lifted is to aggressively fight the underlying allegations. Getting a resolution and settling the underlying Assault IV DV will typically end the courts jurisdiction on imposing the no contact order (although there are ways for the court to impose a new one). It is important to your future to fight this allegation and at the very least get the DV tag dropped from the charge. Any criminal conviction with a DV tag can have serious consequences on you future.

If you or a family member of been accused of a Domestic Violence allegation, contact the Law Firm of Lucas D. McWethy to schedule your free case evaluation and consultation. Just because you have been accused of a crime does not mean you have to surrender your future. Call 206-427-4901 to discuss your case.