Yearly Archives: 2016

Pleading Guilty

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? In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than… Continue Reading »

DUI Mandatory Penalties

Washington DUI sentencing courts are required to impose certain conditions when a person is convicted of a DUI. Some conditions are affirmative (i.e., pay fines, complete an alcohol evaluation, participate in alcohol treatment, and attend DUI victims panel), and others are prohibitive (i.e., don’t commit law violations, don’t consume alcohol, don’t drive without an ignition interlock).… Continue Reading »

Nonpartisan or Partisan?

Did you know that the King County prosecutor has been a Republican since 1948? That is a bit mind-boggling considering that King County is otherwise dominated by Democrats, not Republicans. Heck, Barack Obama won 69 percent of the King County vote in 2012. This ‘fact’ leads to an interesting question – should the King County… Continue Reading »

Murder

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or “lying in wait” for the victim. Most states also adhere to a legal concept known as the “felony murder rule,” under which a person commits first-degree murder if any death… Continue Reading »

What Are Property Crimes?

One of the more common crimes that are filed in criminal courts across the United States are property crimes. Property crimes include many common crimes relating to theft or destruction of property. They can range from lower level misdemeanor offenses such as shoplifting or malicious mischief to high-level felonies including armed robbery, arson or burglary.… Continue Reading »

PC v. BYRD; What Gives?

The arrest of WSU football player Shalom Luani and its aftermath is an excellent example of the difference between the concepts of ‘probable cause’ and ‘beyond a reasonable doubt’. Mr. Luani was arrested for assault after being involved in an incident at a pizza joint in Pullman, Washington. WSU coach Mike Leach has always maintained… Continue Reading »

A Little Checks-and-Balances Does the Body Good

It is said that a recent proposed King County budget cut would slash $22 million in spending; most of which would hit the King County Prosecuting Attorney’s Office and the King County Sheriff’s Office the hardest. Under the proposed budget, the Prosecutor’s Office faces $2 million in cuts while the Sheriff’s Office would lose about… Continue Reading »

Sentencing Alternatives

Every day in courts throughout the United States, defendants are sentenced to crimes. Many times the defendant will be sentenced to jail or prison, and sometimes the respective Judge may impose jail alternatives. Sentences for a criminal conviction can take many forms, and a conviction doesn’t always mean a trip to jail or prison. Alternative… Continue Reading »

What Must Happen Before An Arrest Can Be Made?

Did you get arrested recently? Are you feeling as if your rights have been violated? The fact of the matter is, when the police arrest someone, they take away that person’s fundamental right to freedom. As a result there are several procedures the police must follow before they can make a legal arrest so that… Continue Reading »

A Companion Detention

Word to the wise – if you are hanging with someone and they are stopped and investigated for a crime, you too can briefly be detained if law enforcement thinks it is necessary to ensure the safety of others while they secure the scene. This is so because recently our state Supreme Court said it was so.… Continue Reading »