Category: Uncategorized

Although plea bargaining is often criticized, more than 90 percent of criminal convictions come from negotiated pleas. Therefore, less than 10 percent of criminal cases actually go to trial. So, what are the incentives behind plea bargaining? Turns out, it’s quite complicated and it does not simply rely on one’s guilt or innocence. Below is… Continue Reading »

It was recently reported that in the Olympic Peninsula (which covers the western arm of Western Washington, as far north as Neah Bay, as far south as Ocean City and as far east as Port Ludlow) there was a concerning increase in DUI arrests with kids under the age of 16 in the perpetrator’s car.… Continue Reading »

Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor under the age of 18.  Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and… Continue Reading »

Appeals Court judges generally defer to trial court findings, particularly findings of fact as opposed to matters of law. Courts rarely overturn lower court decisions and perfect trials are not guaranteed, although certain safeguards do exist in order to account for errors and oversights. An appellate court will overturn a guilty verdict only if the… Continue Reading »

There are reports that President Trump’s administration is planning to make it all but impossible for legal immigrants to become citizens if they have ever relied on public welfare programs, i.e. the Affordable Care Act. This begs the question from a criminal defense perspective – is the same policy far behind for legal immigrants that… Continue Reading »

Soon after a defendant explains his or her story to a criminal lawyer, they will probably collaborate with each other to come up with a strategy that will work best in court. Generally speaking, this strategy will be based upon the story that the defendant tells his or her attorney, but in most cases will… Continue Reading »

Once a domestic violence call is made to 911, the police are sent to the location of the incident and upon contact one of the parties, by law, will be arrested. The arrest leads to – at a minimum – a night in jail and the likelihood of criminal charges being filed. So … what… Continue Reading »

The juvenile court system is different from the adult system in many ways. After committing an offense, juveniles are detained and not arrested. Next, a petition is drawn up which outlines the jurisdiction authority of the juvenile court over the offense and detained individuals, gives notice for the reason for the court appearance, serves as… Continue Reading »

In April of this year our Supreme Court ruled that RCW 10.99.050 only authorizes a court of limited jurisdiction (a district or municipal court) to issue a DV no-contact order which lasts for the duration of a defendant’s suspended or deferred sentence. See, Washington v. Granath, Docket Number: 94892-5. The issue arose out of a… Continue Reading »

In June 2003 Governor George Ryan of Illinois stirred controversy when he commuted the death sentences of 167 inmates to life imprisonment. Ryan said he had concluded the state’s capital punishment system was “haunted by the demon of error.” His action came three years after he ordered a moratorium on executions after evidence proved that… Continue Reading »