Generally, the state can bring multiple charges arising from the same conduct in one proceeding, but double jeopardy protections under both the U.S. and Washington Constitutions protect a Washington criminal defendant from multiple punishments for the same offense. If a defendant is charged under different statutes for the same act,…
Pursuant to CrR 8.3(a), a Washington trial court may dismiss an indictment, information, or complaint upon motion of the prosecutor. Pursuant to CrR 8.3(b), the court may dismiss a prosecution because of governmental misconduct or arbitrary action if the defendant’s rights have been prejudiced, materially affecting his right to a…
The Department of Labor and Industries (“L&I”) administers the Crime Victims Compensation Program. Generally, the court must order restitution in Washington criminal cases where the victim is entitled to benefits pursuant to the crime victims’ compensation act (“CVCA”) as set forth in chapter 7.68 RCW. If the court has not…
Sentences for certain Washington criminal offenses may include community custody. The specific conditions of a defendant’s community custody depend on the offense for which the defendant was convicted. In some circumstances, certain community custody conditions are mandatory, some may be waived by the court, and others are discretionary. In a…
Pursuant to State v. Houston-Sconiers, a trial court must consider the mitigating qualities of a juvenile offender’s youth in sentencing a juvenile in a Washington criminal case. The court has discretion to impose a sentence below the standard range in juvenile cases. In a recent case, a juvenile defendant challenged…
A court may only impose a sentence above the standard range in a Washington criminal case if it finds substantial and compelling reasons that justify it. This finding must be based on specific aggravating circumstances that have been determined beyond a reasonable doubt by the jury. In drug trafficking cases,…
Generally, a Washington criminal law must be sufficiently specific to notify an ordinary person of what conduct it prohibits and provide ascertainable standards of guilt to prevent arbitrary enforcement. In a recent case, a defendant challenged the statute prohibiting being in actual physical control of a motor vehicle while under…
Pursuant to RCW 7.105.450(1)(a), a violation of a Washington domestic violence protection order is generally a gross misdemeanor. A violation can be a felony, however, if it constitutes an assault “that does not amount to assault in the first or second degree.” RCW 7.105.450(4). In a recent unpublished case, a…
A Washington appeals court recently addressed the difference between rendering criminal assistance and accomplice liability in a case in which a defendant appealed her convictions for being an accomplice to second degree burglary and third degree theft. The state alleged the defendant acted as an accomplice to a woman in…
A Washington criminal defendant may file a Knapstad motion to dismiss criminal charges due to insufficient evidence to establish a prima facie case of the crime. Along with the motion, the defendant must submit a supporting affidavit or declaration that alleges there are no material facts in dispute and stating…