The Washington State Constitution recognizes a privacy right and prohibits disturbance of that privacy without authority of law. When a driver is arrested for driving under the influence, the vehicle must be impounded pursuant to RCW 46.55.360. A defendant recently challenged the impound statute as a violation of the Washington…
Washington law prohibits possession of a firearm by a person, including a juvenile, who has been convicted of a serious offense. Washington law allows a person to petition the court for restoration of the right to possess a firearm in certain circumstances. It is not uncommon for a Washington criminal…
Washington State has long allowed adults with criminal convictions to vacate convictions from their record. However, the previous eligibility requirements severely limited the ability to vacate certain convictions and the number of convictions eligible to be vacated. In April of 2019, the Washington State legislature passed the New Hope Act,…
In a Washington criminal case, a warrantless search will be found to be unreasonable unless the state shows that a warrant exception applies. In a recent case, a defendant challenged her conviction based on evidence found during a warrantless search. According to the court’s opinion, a police officer responding to…
Generally, warrantless seizures are unconstitutional unless an exception applies. One such exception is a Terry stop. A defendant recently challenged evidence found in a search after what the state agreed was a Terry stop in a Washington criminal case. A sheriff deputy was dispatched after a 911 call reporting an…
In a Washington felony violation of a no-contact order case, the prosecution must prove the existence of the no-contact order and the defendant’s knowledge of it. For a variety of reasons, the defense may not want the jury to see the no-contact order. A recent issue in Washington has been…
In some ways, Washington juvenile offenders may be treated differently than they would be if they were adult offenders. Both the Washington Supreme Court and the U.S. Supreme Court have acknowledged that “children are different.” In a recent case, a juvenile defendant challenged her sentence. She was a first-time offender. …
To convict a defendant of vehicular homicide in a Washington criminal case, the state must prove that the defendant’s conduct was the proximate cause of the victim’s death. In Washington law, the term “proximate cause” includes both actual cause and legal cause. In a recent case, a defendant challenged his…
Generally, unless there is an applicable exception, both the Washington and U.S. constitutions require a warrant supported by probable cause before someone acting on behalf of the government can conduct a search. One exception to the warrant requirement applies to school officials. Under the school search exception, a school official…
Challenging irrelevant or prejudicial evidence is often a significant part of defense in a Washington state criminal case. Evidence of prior bad acts by the defendant is not admissible to show the defendant’s propensity to commit the charged crime, but may be admissible for other purposes, such as showing intent…