Yearly Archives: 2023
What About Drug Possession and Public Use?
So what happens now that the Seattle City Council rejected the most recent drug prosecution bill? The legislation would have adopted into the City’s criminal code Washington state’s recent law criminalizing drug possession and making public use of it a gross misdemeanor. Gross misdemeanors are generally handled by district and municipal courts in and… Continue Reading »
Can a “Mall Cop” Arrest Me?
We have all seen security guards patrolling malls who are some times referred to as “mall cops.” Have you ever wondered what exactly are the legal rights of security guards in malls and stores to detain you after an alleged crime has been committed? Generally speaking, private security guards do not have the same authority… Continue Reading »
Is Day Reporting in the Cards?
What is Bothell Municipal Court’s Day Reporting program? In 2021 Bothell Municipal Court began offering alternatives to jail in some cases. One such alternative is Day Reporting. It is hugely beneficial because it allows folks the opportunity to avoid being put behind bars. No one wants to spend time in jail. Especially the Snohomish… Continue Reading »
What is Boating Under the Influence?
Every state has driving under the influence (DUI) laws that were enacted to help keep drivers, passengers, and the community safe. But did you know that every state and the federal government have laws against Boating Under the Influence (‘BUI’) that allow law enforcement officials to stop boats and other watercraft, and make sure that… Continue Reading »
When do I have to Show for an SMC Arraignment?
We here at SQ Attorneys are frequently asked when can an arraignment simply be waived in Seattle Municipal Court. The answer lies in the court’s local rules. SMCLR 4.1 reads: “(i) Arraignments. Arraignments shall be in accordance with CrRLJ 4.1 and 4.2. A lawyer may, pursuant to (e) and SMCLR 8.4.1, enter an appearance on… Continue Reading »
When Do You Have To Register As a Sex Offender?
In Washington, child pornography prosecutions are divided into two categories: possession and viewing. What does that mean? Basically, if you are knowingly in possession of images depicting sexually explicit conduct involving a minor or are simply viewing these images, you can be in violation of the law. The laws are further divided into two sub… Continue Reading »
Drug Possession Sanctions Approved?
It is done. Governor Jay Inslee signed SB 5536, which outlines appropriate penalties for drug possession in Washington. Washington’s new drug possession statute prioritizes treatment, establishes a gross misdemeanor penalty for drug possession and public use of drugs, and offers some local control to municipalities. The bill is not designed to fill jails. It is… Continue Reading »
When Can an Officer give Chase?
Oh how the pendulum swings. It was only a few short years ago an officer’s ability to chase people in vehicles was curtailed. That right was slightly expanded last week when Governor Jay Inslee rolled back some prohibitive requirements for police chases. Under the new law, police officers no longer need ‘probable cause’ to initiate… Continue Reading »
When are Trained Dogs Used by Law Enforcement ?
Trained drug sniffing dogs are often times used by law enforcement in the United States to alert police officers to the presence of illegal drugs and other contraband. These dogs can also be used by police departments to administer force during arrests. Even though trained dogs are generally considered a “less lethal force” method like… Continue Reading »
How Can I Challenge the Breathalyzer?
In many states around the United States, “per se” DUI laws establish a legal presumption that a driver was intoxicated if he or she had a blood alcohol concentration (BAC) above a certain limit which in the majority of states is a 08 percent. But, how does law enforcement know that a driver is above… Continue Reading »