Yearly Archives: 2018
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Roughly 5 years ago Washington State started replacing their outdated breath test instruments with the German made Draeger-AlcoTest 9510.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 »
One Way … Or the Other
A Florida man was bound to go down one way or another. Either the carcinogenic smoke from his cigarettes, or the 14 felonies and 31 misdemeanor convictions he was saddled with was going to sink his proverbial ship. In this case, it was the 15th felony conviction for stealing $600 worth of cigarettes from a… Continue Reading »
Number of Criminal Appeals
The final judgment of a lower court, usually the trial court, can be appealed to the next higher court one time only. Thus, the total number of appeals depends on how many courts are “superior” to the court that made the contested decision, and sometimes what the next higher court decides the appeal’s basis. Remember,… Continue Reading »
A Seattle Ordinance in the Works
As has been widely noted over the past few weeks and months, the City of Seattle is looking at ways to promote safer gun storage. This comes amid continued concerns over rampant and – as some perceive – escalating gun violence. In its effort, and pursuant to Seattle Municipal Code Chapter 10.79 and acting under… Continue Reading »
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