Practice Areas and Legal Definitions

Washington laws and procedures related to criminal defense are complicated and require a skilled criminal defense lawyer to properly navigate through the process. Attorney Mark W. Prothero fights for the rights of alleged criminal offenders in the city of Kent and throughout the State of Washington. Attorney Prothero delivers personalized attention to his clients by keeping case information detailed and accessible, and provides criminal defense legal solutions related to the following matters:

Washington DUI:
"DUI" stands for Driving Under the Influence, and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge. For more information, please contact Kent , Washington DUI lawyer Mark W. Prothero.

Washington Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e., prescription drugs, marijuana, crystal methamphetamine) and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom. That is why it is important to call Attorney Mark W. Prothero as soon as you have been arrested to stand up for your legal rights and defend you.

Washington White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion, or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history.

Washington Internet Crimes:
Internet crimes involve hacking, phishing, pharming, programming worms, viruses, Trojans and committing Identity theft, and can result in substantial criminal charges. Identity Theft in particular is a rising issue across America, and recent headline stories involving breaches of security at major financial institutions have caused widespread panic in the financial community and among consumers. The facts and the evidence in computer-based crime cases can be very complicated, and may even require analysis from expert witnesses.

Washington Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Washington Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Washington Sexual Offenses:
Sex crimes can include such charges as: child abuse, child pornography, date rape, failure to register (as a sex offender), indecent exposure, internet porn, lewd conduct, marital rape, molestation, obscenity, pedophilia, pornography, prostitution, rape, sexual abuse, sexual assault, sodomy and statutory rape. Many sex crimes are considered felonies or require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. The long-term consequences of a conviction for a sex offense on your record can be devastating. When you are arrested, you still have rights in the court system.

Washington Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Washington Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts, or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

Take Action To Protect Your Rights:
If you live in King, Pierce and Snohomish Counties including the following cities: Kent, Renton, Auburn, Federal Way, Des Moines, Burien, SeaTac, Covington, Maple Valley, Black Diamond, Enumclaw, Bellevue, Kirkland, Redmond, Seattle, and Tacoma, contact criminal attorney Mark Prothero today at (866) 691-7937 to discuss your criminal matter and schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Mark W. Prothero, you can receive a personal consultation regarding your specific criminal defense case.

What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, the case is taken before a magistrate who issues a warrant if necessary and sets a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense with which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant enters a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.

Is domestic violence a crime punishable under criminal law?
Whether the domestic violence is a crime depends upon the particular circumstances, as well as the laws of Washington. Often domestic violence is both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct and award of monetary damages.

It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, then reconcile with the abuser and seek to have the charges dropped, only to have the entire process repeated. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being filed by the victim.

Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.

Why is it important to have an attorney if I want to negotiate a plea in my case instead of going to trial?
Plea negotiation can be very tricky, and a defendant may end up plea bargaining him or herself to a harsher punishment than what he or she actually deserves. This is why it is very important to have a criminal law lawyer representing you if you plan to negotiate a plea. A criminal attorney considers many factors in deciding whether to recommend a plea bargain for a client and what strategies to engage if a plea bargain is the best choice for the client's situation. Factors a criminal lawyer considers include:

• The strength of the evidence the prosecutor may present at trial; and
• The potential penalties that the defendant could be subjected to if the case went to trial and lost.

Don't take a chance on bargaining away your rights when you have been charged with a crime. Call Attorney Mark W. Prothero today for experience and legal advice you can trust: 866-691-7937.

What if detectives or federal agents contact me and want to question me about a serious criminal matter?
If a detective or federal agent contacts you, do not answer his or her questions. Law enforcement investigators are specifically trained to get people who don't want to talk to them to open up and talk with them anyway. Just politely, but firmly tell the agents or detectives that you will need to retain an attorney before you can speak with them. Do not answer their questions. This cannot be stressed enough.

The U.S. Supreme Court allows federal agents and criminal investigators to trick, lie and deceive during the course of their investigations to get the information they want. If detectives, investigators or federal agents tell you they are investigating a specific crime such as insider trading or money laundering and ask if you did it and you tell them "no," you could also face charges of lying to a federal agent or law enforcement investigator if you later are convicted of the original crime they were investigating. In federal cases this is a separate charge that carries up to a 5-year prison term with no chance of parole, which will be added to whatever sentence is imposed on your other conviction.

Take Action To Protect Your Rights:
Take Action To Protect Your Rights:
If you live in King, Pierce and Snohomish Counties including the following cities: Kent, Renton, Auburn, Federal Way, Des Moines, Burien, SeaTac, Covington, Maple Valley, Black Diamond, Enumclaw, Bellevue, Kirkland, Redmond, Seattle, and Tacoma, contact criminal attorney Mark Prothero today at (866) 691-7937 to discuss your criminal matter and schedule your free consultation.

Professional Profile

Take Action To Protect Your Rights:
If you live in King, Pierce and Snohomish Counties including the following cities: Kent, Renton, Auburn, Federal Way, Des Moines, Burien, SeaTac, Covington, Maple Valley, Black Diamond, Enumclaw, Bellevue, Kirkland, Redmond, Seattle, and Tacoma, contact criminal attorney Mark Prothero today at (866) 691-7937 to discuss your criminal matter and schedule your free consultation.

FIRM CONTACT INFORMATION:

Hanis Irvine Prothero PLLC
Mark Prothero
6703 S. 234th St. Suite 300
Kent , Washington 98032
Phone: (866) 691-7937

Your initial consultation on criminal matters is free.

Washington Attorney Mark W. Prothero

Mark W. Prothero graduated from the University of Washington in 1978 with a Bachelor of Arts degree in History. He then attended law school at the University of San Diego, where he earned his J.D. in 1981.

In 1983, Mark began working for the Associated Counsel for the Accused (ACA). He began by defending people in the municipal and district courts accused of such crimes as DUI and Domestic Violence. He moved on to defend juveniles, and in 1987, joined the felony unit. While at ACA, Mark participated in many pro bono projects for accused criminals and was a member of the Innocence Project Northwest. In his professional capacity, Mark is perhaps best known as the lead defense attorney in the landmark case against Gary Ridgway, the Green River Killer.

As a founding member of the Criminal Defense Law Department at Hanis Irvine Prothero PLLC, Mark's extensive courtroom experience qualifies him to defend a range of crimes from DUI to Aggravated First Degree Murder. Admitted to the Federal Bar, Mark is able to defend those accused of federal crimes and is one of the select few attorneys on the Washington Supreme Court's panel to defend individuals faced with the death penalty.

A frequent lecturer at legal education seminars, Mark is recognized for his expertise on subjects such as: sentencing, evidence, forensic DNA, the mental health of criminals, and the death penalty. He is a member of the Washington Defender Association (WDA) and the Washington Association of Criminal Defense Lawyers (WACDL), serving on their Board of Governors since 2003 and authoring three articles for the WACDL publication, DEFENSE. Mark has also served as a Judge Pro Tem in Tukwila, Des Moines, Kent, and SeaTac Municipal Courts.

In addition to his professional activities, Mark is committed to community involvement. As a volunteer speaker at local high schools on criminal law and law as a career, Mark has served on several Kent School District committees. A renowned swimmer who represented the United States in international competition, Mark is co-founder of the 2003 Kent Citizens for Water Safety Organization, which successfully saved the Kent Meridian swimming pool from county closure.