Yearly Archives: 2024
A Change in the DUI Law?
On January 1, 2026, a new section to RCW 46.61 will take effect. The section pertains to law enforcement being able to obtain oral fluids in the DUI setting. Section 33 reads: (1) Any law enforcement agency utilizing oral fluid roadside information as part of the enforcement of driving under the influence laws must ensure… Continue Reading »
Can I Appeal My Plea Bargain?
The majority of criminal cases are resolved short of trial due to a plea bargain. When entering a guilty or no contest plea, you effectively give up your right to appeal the sentence, absent an egregious error by your attorney or the trial judge. The U.S. Supreme Court has consistently held that a defendant can… Continue Reading »
Can stealing lead to prison time?
Theft, if caught, can result in many different outcomes, as the punishment for such an act is contingent on the value of the item(s) stolen. But when the federal government gets involved, things can really get ugly. Take for instance a recent mail theft case out of Seattle. In that matter, a 27-year-old man… Continue Reading »
What Are Miranda Rights?
The Miranda rights you often hear recited come from the landmark U.S. Supreme Court case Miranda v. Arizona. The Supreme Court’s rulings in Miranda and later cases require law enforcement officers to inform suspects in police custody of their constitutional rights before questioning them. The Miranda warning apprises the suspect of the following: 1) You have the right to… Continue Reading »
Plea to Reduced Charge?
Last month a report came out indicating that a good number of King County sexual assault cases (roughly 60%) resulted in defendants pleading down to lesser charges, a good number of which were to crimes other than sexual assault. The issue or concern related to this phenomenon was the length of time vicitm’s had to… Continue Reading »
What is a Writ of Habeas Corpus?
A writ of habeas corpus is a court order that demands that a public official deliver an imprisoned person to the court and show good cause for their detention. The writ allows a prisoner to challenge the legality of their confinement. Habeas corpus has roots in English common law. It translates to “you should have the… Continue Reading »
Language Barrier Solution?
In February of this year it was divulged that the King County Sheriff’s Office has plans to develop and implement a language access program. This announcement was made after a complaint was filed with the Department of Justice and United States Attorney’s Office against the King County Sheriff’s Office and Burien Police Department, alleging discrimination… Continue Reading »
What Is Rape? What Is Sexual Assault?
Sexual assault and rape are complex terms that can often be used interchangeably. However, there is often a legal distinction between the two. Generally, rape is sexual assault, but sexual assault is not always rape. Both are grave offenses with profound impacts on victims, yet they differ in legal definitions and the nature of the… Continue Reading »
Safety or Revenue at Issue?
Governor Inslee recently signed a new law that makes it more likely that anyone who runs a red light, speeds through a work zone or fails to stop at a crosswalk will be ticketed. The new law allows for cities and counties to deploy traffic cameras in more places so as to crack down on… Continue Reading »
Is Throwing Away Mail from A Previous Tenant A Crime?
Receiving mail from a previous tenant is annoying, especially if you don’t know the former tenant. If you know who the person is, you can write a forwarding address on the envelope and send it on. What should you do if you don’t know who the person is? Can you open another person’s mail? Can… Continue Reading »
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