Yearly Archives: 2018
Appeals and Writs
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 »
Will A Charge Limit Citizenship?
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 »
Case Strategy
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 »
Charges can be Defended; It is all in the Strategy
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 »
Adult System v. Juvenile System
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 »
NCO lasts the Length of A Sentence
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 »
Execution of Inmates
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 »
Hit and Run Basics
This past weekend a 50 year old Seattle man was hit by a pickup truck while riding his bicycle along Rainier Avenue South. The man was hit from behind by a red 1980s model GMC or Chevrolet pickup with a wooden structure built on back. The driver of the truck fled the scene of the… Continue Reading »
Seattle Gun Owners Beware
On July 9, 2018, the Seattle City Council unanimously approved two gun control regulations. These measures relate to the safe storage of firearms, and require residents to pay penalties if they: (1) do not safely store their firearms, or (2) fail to report lost or stolen guns. According to Mayor Durkan’s office, 150,000 adults in… Continue Reading »
How Can I Reverse a Conviction?
Appeals 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 trial… Continue Reading »
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