Yearly Archives: 2015
What is the Purpose of Probation?
When you are convicted and sentenced for a crime you generally are put on probation. The purpose of probation is to permit the court an opportunity to oversee you for a period of time, and to ensure that you stay out of trouble. In essence, it is the ‘carrot and stick’ approach to doing business.… Continue Reading »
Sentencing Explained
After a defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment during the sentencing phase of a criminal case. This is otherwise known as the sentence. Sentencing for criminal offenses can range from probation and community service to prison and even the death penalty. Sentencing usually takes place almost immediately… Continue Reading »
New DUI Laws on the Horizon … Again
New DUI legislation (HB1276) is going into effect on September 26, 2015. As usual, the government is ratcheting things down in our DUI arena, and continues to be tough on folks driving while impaired. That said, there are some benefits under the bill for those cited for DUI. The bill extends eligibility for the ignition… Continue Reading »
I Want To Speak to My Lawyer: Right To Counsel Explained
Recently, the Washington State Supreme Court, in State v. Fedorov, affirmed a conviction for driving under the influence of alcohol where a police officer remained in a room while a defendant was a on a telephone call with a lawyer before consenting to a breath test. The Court held that the rule-based right to counsel… Continue Reading »
Get off the Road!
We all know accidents happen, big and small. But with our severely congested roadways, it is what happens after the accident that really matters. To shore up a big problem, Seattle could soon follow state law by requiring drivers to get their banged-up cars off the Seattle streets after a collision. Why? To save everyone… Continue Reading »
Plea Bargain 101
The majority of criminal cases are resolved through a “plea bargain”, usually well before the case ever reaches trial. Many have heard this term, but only a few have a good understanding of what a plea bargain actually is. So what is it? In a plea bargain, the defendant agrees to plead guilty, usually to… Continue Reading »
Budgetary Hogwash
An interesting article in the Seattle Times today claimed that Washington State’s 39 counties are draining their budgets by fighting crime and keeping their communities clean. See ‘Washington counties struggling with criminal-justice costs’ (hereinafter, the ‘Article’). According to the Article, counties spend about $120 million annually just to cover the cost of indigent defense in… Continue Reading »
Am I Insane? Insanity Defense Explained
Last week, Christopher Monfort, a criminal defendant who shot and killed a Seattle Police Officer was sentenced to life in prison after the jury unanimously voted against the death penalty at the King County Superior Court. During his trial, his legal team argued that at the time of criminal conduct, Mr. Monfort was “insane” and… Continue Reading »
The crackdown is evident, here is why
Why is the prosecution ‘cracking down’ on DUI’s? Why have things gotten so difficult to negotiate in the DUI world over the past several years? Why are so many DUI cases being set for trial and being litigated without any meaningful negotiations taking place between the prosecution and the defense? And why are so many… Continue Reading »
Know The Difference: Felony v. Misdemeanor
All crimes in the State of Washington are enumerated in the Revised Code of Washington (RCW). These codes define what a crime is, lay out the elements of each crime and, in many cases, provide sentencing guidelines for the specific criminal act. Crimes are divided into two categories: misdemeanors and felonies. The less serious offenses… Continue Reading »
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