Ratings & Reviews
I have retained Mr. Kradel several times over the last 15 years, and have confidently referred his services multiple times. His negotiating skills are that of a professional FBI agent. His strategic courtroom trial performance is straight...
I have retained Mr. Kradel several times over the last 15 years, and have confidently referred his services multiple times. His negotiating skills are that of a professional FBI agent. His strategic courtroom trial performance is straight out of a John Grisham novel. Where other attorneys accept average decisions and outcomes, Jeff knows the prudent yet aggressive methods of getting favorable rulings time and time again. He's not afraid to argue with judges, prosecutors, or anyone that is between him and the objective at hand. If you want intelligent, creative, strategically executed and aggressive defense, Jeff Kradel is at the top of his class. I've trusted him with my fate multiple times, and although I would prefer to avoid appearing in court, he will always be on my speed-dial.
This guy is AMAZING and really works hard for your best interest. Hired him after dropping the current lawyer I had and no longer was I nervous about going to court. The piece of mind he gave me knowing that he was actually working hard on...
This guy is AMAZING and really works hard for your best interest. Hired him after dropping the current lawyer I had and no longer was I nervous about going to court. The piece of mind he gave me knowing that he was actually working hard on my cases(multiple)made incredibly comfortable in court. Wish I would have found him sooner. Thank you for everything Jeff.
My situation is weird. I’m an attorney, highly paid and never committed a crime before. Unfortunately, I married a Gold-digger. In fact, this "spouse" accused me of DV 10 years back when I bit her above her heel. Thank God I had ankle surg...
My situation is weird. I’m an attorney, highly paid and never committed a crime before. Unfortunately, I married a Gold-digger. In fact, this "spouse" accused me of DV 10 years back when I bit her above her heel. Thank God I had ankle surgery that day. Otherwise, everybody would have believed her. Our dumb society thinks that guys have DV issues and girls are innocent. I guess when you’re a prosecutor or a cop, that's all you see. I couldn’t walk, totally out due to medicine, and was lying on the bed. I was upset gd was an hour late picking me up from the hospital. We argued in the car on the way home. I went to bed and tried to sleep, but gd came in to fight more. I asked her for her wallet, took out all the cash and cards and told her I'm not your ATM. I returned her wallet then she hit me with it. Then jumped on top of me and hit me with her arms. I was afraid of that crazy gd for the first time because my leg. I could not run or push her away. So I bit whatever was in front of me to make her stop. It was the back of her leg. She rushed off to the ER and called the police. Our society is so stupid that if a girl claims a guy hit her, you get a bunch of kooks who want to play hero. My leg was broken so common sense implies she started it. Case was dismissed. But the Bellevue Prosecutor thinks I was guilty. She knew I could not walk but everybody is guilty to her. That's the way they are. They are promoted that way. Then we got divorced in Bellevue. I got the kids because gd has a temper problem. She tried to hit my kids with a bat and could not accept she lost. So she bribed my kids with a $9000 Disney boat cruises, a weekend swimming with dolphins in HNL and ect. I never spoil them. That’s not how to raise kids. She instructed my eldest to accuse me of DV. There is a Federalway PD report where she instructs her BF’s kid to allege Sexual Molestation for custody. My kid acted like I shoved him into a wall and caused a concussion. My girls just copy the eldest. They called 911 and gd got her DVPO to take the kids from me. Prosecutor knew my kids were lying because their story changed. She did not care. She even argued at closing not to believe the cops because they only spent 15 minutes with them when he drafted his report. The cops took down what happened at that time. So it’s more accurate. Prosecutor was out to get me so she dropped the charge without concussion. They produced meds saying my boy had one. But I had a recording of him 15 mins after he left the ER complaining about nausea and dizziness. He was running around threatening to send my new GF to jail. The judge did not like me either. He prevented the jury from hearing the recording and other evidence. Thank God for jury trials otherwise I would be guilty. This brings me to the fact that Jeff was awesome. He knows the rules and calculated of who will end up on the Jury. He chose good jurors who would not be fooled. I did personal injury work and the Jury is very important. I was concerned that a prosecutor who was in the pool would get in. His voir dire answers were if I was already guilty. All prosecutors are like this. But the Bellevue one was out to get me. She regularly looked at our civil case for more evidence. She saw gd’s Behavior Assessment that said that gd is a "Phony" who "tries to put things" over other people and is a definite liar. Any Jury would hate her so despite naming her as a witness, she never called her. I felt bad for Jeff at times because I am a lawyer too and sometimes I had my own thoughts and argued a bit. However, I’m not a crim specialist. He closed awesome and made the Jury understand exactly why I’m innocent step by step and made sure they understood the Jury instructions. I was surprised when he brought a HUGE monitor on the last day listing all the points. I work with a lot of attorneys and I have never seen anyone do this. I highly recommend Jeff and I know good lawyers from bad ones.
Jeff was my lawyer back in 2010. I've been in touch with him in recent weeks and feel inspired to write a much delayed review. My experience working with him is still crystal clear! I hired Jeff as a 28 year old young professional who ma...
Jeff was my lawyer back in 2010. I've been in touch with him in recent weeks and feel inspired to write a much delayed review. My experience working with him is still crystal clear! I hired Jeff as a 28 year old young professional who made the dumb idea to drive drunk. Jeff was referred to me by a family friend who also had glowing things to say about his experience with Kradel Defense. He helped me to not only navigate the legal system thanks to his concise, clear language — I felt comfortable and knowledgable every step of the way. Yes, Jeff understands the law but he was also incredibly creative in his problem solving and approach. We eventually got my really tricky DUI charge down to something much lesser, with the charge being taken off my record after several years (the reason I got back in touch and thought to write this review). I'll also add: Jeff is a standup, nice guy. He will be your advocate, he will be honest and his services are worth every penny. :)
Jeff get me out of serious felony when the prosecutor was ready to charge me and put me 6 months in prison , a hired him and that was the right move , pace get back to my mind , he put the two FBI agents in in the stand in front of the ju...
Jeff get me out of serious felony when the prosecutor was ready to charge me and put me 6 months in prison , a hired him and that was the right move , pace get back to my mind , he put the two FBI agents in in the stand in front of the judge, he probed that they were lying and make them accept it , in other words he blow out their statements that was great! he make them look unprepared, and poor trained, I recommend Jeff any time, he's fees very reasonable, very nice to work with him thanks Jeff!
Deferred Sentences in Washington
- posted: Mar. 14, 2010
A deferred sentence is a type of sentence where upon completion of the terms (fine, community service, restitution, etc.) and the expiration of a certain time period, the charge is dismissed. The procedural steps are that the guilty plea is withdrawn, a plea of not guilty is entered, and the charge is dismissed. Even after that dismissal, however, the case is still considered "conviction data" under Washington law. Below is a relatively detailed description of the statutory provisions at work. The bottom line is that while the charge is dismissed, the record of conviction still exists in some form or another.
Criminal History: What is It?
"Criminal history record information" means:
[I]nformation contained in records collected by criminal justice agencies, other than courts, on individuals, consisting of identifiable descriptions and notations of arrests, detentions,indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittals by reason of insanity, dismissals based on lack of competency, sentences, correctional supervision, and release. The term includes information contained in records maintained by or obtained from criminal justice agencies, other than courts, which records provide individual identification of a person together with any portion of the individual's record of involvement in the criminal justice system as an alleged or convicted offender, except
(a) Posters, announcements, or lists for
identifying or apprehending fugitives or wanted persons;
(b) Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and maintained chronologically and are accessible only on a chronological basis;
(c) Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed during public judicial proceedings;
(d) Records of traffic violations which are not punishable by a maximum term of imprisonment of more than ninety days;
(e) Records of any traffic offenses as maintained by the department of licensing for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other operators'
licenses and pursuant to RCW 46.52.130;
(f) Records of any aviation violations or offenses as maintained by the department of transportation for the purpose of regulating pilots or other aviation operators, and pursuant to RCW47.68.330;
(g) Announcements of executive clemency.
RCW 10.97.030(1). Criminal history information thus does not have to
originate from a court of law, and does not have to involve a conviction for
a charged offense.
Any "criminal justice agency" can be the source of data regarding
criminal history. So what is a "criminal justice agency"? WAC 446-20-050
(1) The following agencies shall be considered criminal justice agencies for the purpose of chapter 10.97 RCW and these regulations.
(a) The Washington state patrol, including the state identification section;
(b) Foreign, federal, state, and local governmental law enforcement agencies;
(c) The adult corrections division of the department of social and health services or the department of corrections as specified in chapter 72.02 RCW, including institutions as specified in chapter 72.01 RCW and probation and parole services as specified in chapter 72.04A RCW;
(d) The board of prison terms and paroles;
(e) Courts at any level, if they exercise criminal jurisdiction, for the administration of criminal justice.
(2) Only that subunit of the following agencies which
detects, prosecutes, or that work under the direction of the courts shall be considered criminal justice agencies for the purpose of chapter 10.97 RCW
and these regulations:
(a) Federal state and local prosecutorial, correctional programs, agencies or departments;
(b) The liquor control board as specified in RCW 66.44.010 (enforcement division);
(c) The department of labor and industries as specified in chapter 7.68A RCW (victims of crime
(d) The state fire marshal as specified in RCW 48.48.060(2);
(e) An agency or portion thereof that has been certified as a criminal justice agency pursuant to WAC 446-20-060.
The two statutory provisions cited above provide generally what information is gathered and who gathers it. This leads to the real question at issue in dealing with the issue of privacy: Who can get to the information and what information can they get?
Having A "Conviction Record" Does Not Require a Conviction
By the plain language of the Privacy Act "conviction records can be
disseminated without restriction." RCW 10.97.050(1). In Washington, a
"conviction record" does not always mean the subject was found guilty. RCW
"Conviction record" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject. (Italics added). RCW 10.97.030(3).
While the nature of a criminal conviction is fairly straightforward - the subject was charged with a crime and found guilty, either by plea of guilty or after a trial to a judge or jury - it is not so
obvious what might be meant by a "disposition adverse to the subject." The definition within the Privacy Act provides some guidance: "Conviction or other disposition adverse to the subject"
means any disposition of charges other than: (a) a decision not to prosecute; (b) a dismissal; or (c) an acquittal; with the following exceptions, which shall be considered dispositions adverse to the subject: An acquittal due to a finding of not guilty by reason of insanity and a dismissal by reason of incompetency, pursuant to 10.77 RCW; and a dismissal entered after a period of probation, suspension, or deferral of sentence. RCW 10.97.030(4).
This definition is critical because it is the central tool used in determining what level of privacy is afforded to the record.1 It is not a crystal clear definition, however, and it is dependent upon
different agencies and individuals for it to function as intended, leaving much room for error.
RCW 43.43.735(1) requires law enforcement to photograph and fingerprint "all adults and juveniles arrested for the commission of any criminal offense constituting a felony or gross misdemeanor." RCW 43.43.745(3) then provides:
Disposition of the charge for which the arrest was made shall be reported to the [State Patrol Identification] section at whatever stage in the proceedings a final disposition occurs by the arresting law enforcement agency, county prosecutor, city attorney, or court having jurisdiction over the offense. RCW 43.43.745(3).
The State Patrol promulgates rules for the implementation of this statute. Those rules can be found in WAC 446-16. If everyone follows those rules - i.e. the prosecuting attorney makes a report to the State Patrol when it is determined not to file a criminal charge - then the
"conviction record" definition can function as intended. If however, any criminal justice agency bureaucracy fails in its administrative duty, then a record may be in limbo and end up being treated by the State Patrol asconviction data. This is because the definition in 10.97.030(4) treats all dispositions as "adverse to the subject" unless it meets one of those other standards - acquittal; dismissal, or a decision not to prosecute - listed in the statute. Given the volume of cases handled by the police, courts, and prosecutors, it seems almost a foregone conclusion that mistakes will be made, and what should otherwise be treated as "nonconviction data" is instead available for dissemination. The same problem can arise with other parts of the "conviction record" definition.
RCW 10.97.030(4) specifically provides that "a dismissal entered after a period of probation, suspension, or deferral of sentence" shall be considered a "disposition adverse to the subject" and thus constitutes conviction data.