Blog

 Posted on April 24, 2026 in Uncategorized

Many people treat posts, direct messages and other comments made online as informal speech. Although a part of our daily lives, it is important to realize that actions and comments made online can be used in court. Courts can treat these comments, posts or messages as evidence of intent, knowledge, planning, identity and motive. This can serve as evidence to support criminal charges.

Conduct that commonly triggers criminal charges

Many online cases begin as personal conflict. Others begin as profit-driven schemes. Both can end in arrest. Examples include:

1. No-contact order violations through texts, calls, comments, tagging and indirect messages through third parties
2. Harassment, stalking, threats, doxxing and repeated unwanted contact
3. Impersonation, account takeovers and unauthorized access
4. Phishing, scamming, fraudulent fundraising, fake marketplaces and identity theft

Prosecutors may use texts and social media posts as evidence to support multiple charges. They can add counts for each message, each transaction and each victim. A single post can become a chargeable offense.

Continue Reading ››

 Posted on March 26, 2026 in Uncategorized

In Tacoma, self-defense can play an important role in domestic violence cases. Washington law looks at whether your actions were reasonable in the specific circumstances, rather than just who police arrested at the scene. Understanding how courts evaluate self-defense may help you see what evidence and factors matter most.

Evaluating when force may be lawful

Washington lawgenerally lets you use force if you sincerely believe you face imminent harm. It directs courts to consider three main factors when evaluating whether your actions qualify as self-defense:

• The threat of harm: Did you believe you were about to be hurt, rather than reacting to a past event or a vague future threat?
• The necessity of force: Did it appear at the moment that no other reasonably effective way existed to prevent injury?
• The amount of force:Was the level of force reasonable for the danger you believed you faced?

Continue Reading ››

 Posted on March 21, 2026 in Uncategorized

# How does deferred prosecution work in Washington DUIs? | The Law Office of Michael Austin Stewart


Does Your Situation Call For A Hero?

Call Us Today: [253-948-3586](tel:+1-253-948-3586)

Text Us Today:[253-442-7544](sms:+12534427544)

• Home
• About
• Stewart, Michael A.

• Criminal Defense
• DUI And Vehicular Homicide Defense
• Drug Charges

Continue Reading ››

 Posted on March 19, 2026 in Uncategorized

Facing criminal charges often involves a plea bargain, a deal where a defendant agrees to plead guilty or no contest. In return, they get a lesser charge or fewer charges, aiming for a lighter sentence. This avoids trial stress but means giving up the right to a trial and admitting guilt. Before signing, there are certain considerations to think of.

Understand the charges and potential penalties

Before a defendant agrees to anything, they must thoroughly understand the specific charges against them. They also need to know the maximum penalties these charges carry.

A plea bargain usually offers a reduced sentence compared to what someone could face if convicted at trial. A defendant must know the difference between the original charges and the proposed plea. They should consider the long-term impact of a conviction on their record, employment, and future opportunities.

Assess the strength of the prosecution’s case

A defendant should evaluate the evidence the prosecution has against them. Does their case seem strong or weak? A strong case from the prosecution might make a plea bargain more appealing. If their evidence appears shaky or insufficient, a defendant might have a better chance at trial. Legal counsel can help critically analyze the prosecution’s evidence and assess the likelihood of a conviction.

Continue Reading ››

 Posted on February 25, 2026 in Uncategorized

A no-contact order can limit where you go and who you see. In Washington, you may be able to modify or end the order but only through a formal court process.

Who can ask for a change?

Authority rests solely with the issuing court. Neither the prosecutor nor the protected person can independently rescind the order. A judge must enter a new written order.

If you are the protected person, you may move to modify or terminate the order at any time. The court will set a hearing and evaluate whether continued protection remains necessary.

If you are the restrained person, statutory limits apply. You must first request a threshold hearing to determine whether adequate cause exists. In most circumstances, you may file only one motion within a 12-month period.

What does the judge consider?

Judges focus on safety. Inconvenience or financial hardship may not be enough. UnderRCW 7.105.500, if you are the restrained person, you must show:

Continue Reading ››

 Posted on February 02, 2026 in Uncategorized

It is one of the most ingrained images of an arrest: the frantic accused person on a payphone, desperately using their one chance to call for help. Is your access to legal aid truly that limited? The simple answer is that the “one phone call” rule is misleading.

The law provides specific, actionable rights regarding communication—rights you must know to secure your defense and avoid self-incrimination.

The truth about phone calls after arrest

In Washington State, no law limits arrestees to just one phone call. The actual number of calls permitted depends on several factors:

• The specific policies of the detention facility
• The time of day of the arrest
• The behavior of the arrestee
• The seriousness of the alleged crime
• Legitimate security concerns at the facility

Courts recognize that contact with the outside world serves essential purposes for defendants.

Washington law enforcement must allow reasonable communication with attorneys as part of your Sixth Amendment rights.

Continue Reading ››

 Posted on January 26, 2026 in Uncategorized

A college party can feel like a well-earned break from stress, until a short drive home leads to a traffic stop and an underage DUI arrest. In Washington, these cases often catch students off guard because the law treats underage drinking and driving differently than many people expect. Understanding how Washington law approaches underage DUIs can help you respond better during a difficult moment. Here are four key things to keep in mind.

1. Washington enforces strict limits for drivers under 21

Washington follows a zero-tolerance approach for underage drivers. If you are under 21 and have a blood alcohol concentration of 0.02 or higher, you can face DUI-related penalties. This threshold is far lower than the standard 0.08 limit for adults. Even a small amount of alcohol from a party can be enough to trigger serious consequences.

2. License consequences often happen quickly

Under Washington’s implied consent law, refusing a breath test or failing one can lead to an administrative license suspension through the Department of Licensing. This process is separate from the criminal case and can move fast. Losing driving privileges can affect your ability to get to class, work or internships, especially if you rely on a car to move through campus life.

Continue Reading ››

 Posted on December 29, 2025 in Uncategorized

# Understanding the degrees and defenses for assault charges | The Law Office of Michael Austin Stewart


Does Your Situation Call For A Hero?

Call Us Today: [253-948-3586](tel:+1-253-948-3586)

Text Us Today:[253-442-7544](sms:+12534427544)

• Home
• About
• Stewart, Michael A.

• Criminal Defense
• DUI And Vehicular Homicide Defense
• Drug Charges

Continue Reading ››

 Posted on September 30, 2025 in Uncategorized

Bank robbery might sound like something out of the past, associated with stagecoaches and outlaws, but it remains a serious and relatively common criminal charge in modern times.

In Washington State, bank robbery is prosecuted aggressively under both state and federal law, often resulting in decades in prison if a conviction is secured by the prosecutors in any particular case. These cases are often punished severely because they involve financial institutions, potential threats to employees and customers and public safety concerns. As a result, anyone accused of bank robbery needs to understand the gravity of the charges they’re facing and how they may be able to mount a successful defense.

Modern bank robbery and modern responses to such charges

Unlike in old depictions of outlaws, today’s bank robberies often do not involve elaborate heists. Many are crimes of desperation, frequently connected to addiction or other personal struggles. Defendants may act impulsively rather than as part of an organized plan, sometimes even passing notes demanding money without weapons or direct violence. While these cases are still treated as felonies, the context related to a particular case can make a difference in how a defense is mounted and/or how prosecutors or judges view the circumstances at issue.

Continue Reading ››

 Posted on September 03, 2025 in Uncategorized

White collar crime is a term commonly used to describe a category of generally nonviolent criminal offenses that are primarily financial in nature. These offenses usually involve deceit, concealment and a breach of trust rather than direct force or threats. What most obviously distinguishes white collar crime from many other forms of criminal activity is the context in which it occurs and the motivation behind it.

A criminal offense is generally considered white collar when unlawful financial misconduct unfolds in professional, business or financial settings. Fraud is one of the most common examples, whether it takes the form of investment fraud, mortgage fraud, healthcare fraud or securities fraud.

Each of these concerns involves misrepresenting information for monetary benefit. Embezzlement also falls within this category, as it involves the misappropriation of funds entrusted to someone in a position of responsibility, such as an employee siphoning money from an employer. Similarly, insider trading is a white collar crime because it relies on abusing confidential business information to manipulate markets for profit.

Continue Reading ››