Monthly Archives: October 2018

Sometimes Tough to Define

When it comes to driving under the influence charges, it is common for an accused to be shocked that they are facing a possible DUI conviction. After all, many feel fine to drive and may have only consumed what they believed was an amount of alcohol (or marijuana and/or other drugs) that would not put… Continue Reading »

Appealing a Criminal Conviction Explained

The right to a trial by jury is the most fundamental constitutional right a criminal defendant is granted. Upon a conviction after a trial, a defendant has the right to appeal a finding of guilt. In order for a court of appeals to hear an appeal from a lower court the aggrieved party must demonstrate… Continue Reading »

Dangers Extend Beyond Just the Victim

Domestic violence 911 calls are generally deemed dangerous for not only the alleged victim, but also the law enforcement officers that respond to the call. What is less understood, however, is that these same calls also can sometimes be equally dangerous for the one allegedly doing the abuse/ violence.  Case in point – an emergency… Continue Reading »

Defending Yourself

In order to convict you of a criminal charge, the prosecutor must prove your guilt beyond a reasonable doubt. This is a pretty lofty standard, and during any trial the defendant may present a defense in order to raise such a reasonable doubt. Most defenses break down into one of two categories: (1) I didn’t… Continue Reading »

New Instrument, New Issues

Roughly 5 years ago Washington State started replacing their outdated breath test instruments with the German made Draeger-AlcoTest 9510. The instrument analyzes a person’s breath to estimate the alcohol level in a person’s blood. As is well know by now, anyone in Washington State who blows a .08 or above within two hours of driving… Continue Reading »

Crime and Punishment

After a criminal defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment during the sentencing phase of a criminal case. In some circumstances, the judge is able to enhance or reduce a sentence based upon factors specific to the crime and the defendant. A sentence may include fines, incarceration, probation,… Continue Reading »

It can Happen to Just About Anyone

  While it is true that anyone can get a DUI after consuming too much alcohol, smoking too much pot or even taking prescription medication that affects their ability to operate a motor vehicle, there are some instances that just seem to be right out of the annals of Ripley’s Believe it or Not. Case… Continue Reading »

Investigating Minors

Everyone knows the iconic phrase “you have the right to remain silent.” It’s usually the first thing that police tell someone when taking them into custody, and it makes up one of the several rights commonly known as “Miranda rights” – that people have when in police custody. Police must notify a person of their… Continue Reading »

A Curtilage Search

Curtilage is defined as – an area of land attached to a house and forming one enclosure with it. So, does a person potentially have greater privacy rights protecting areas that are not necessarily inside the home but is – for all intents and purposes – connected to it? The US Supreme Court says yes… Continue Reading »

DNA Evidence Explained

The advent of DNA (deoxyribonucleic acid) evidence is one of the best examples of how much technology has altered the criminal justice landscape, particularly its use exhonerating the falsely convicted. DNA evidence technically doesn’t pinpoint a single suspect, but rather narrows it down to just a few possibilities within the human population. However, it’s extremely… Continue Reading »