Restitution is a concept in criminal law that requires an offender to compensate crime victims for their losses. It is designed to both punish the offender and compensate the victim. In a Washington criminal case, restitution is to be ordered when the defendant is convicted of an offense that results…
Sometimes a criminal defendant is not competent to stand trial. Washington criminal law sets out procedures for competency evaluations and restorative treatment. Unfortunately, there are not always sufficient resources for these procedures to timely occur. This lack of resources does not justify holding defendants in jail for excessive amounts of…
Criminal records, especially felony convictions, can have an ongoing impact on a person’s life. Convictions can affect a person’s rights, including the right to possess firearms. Washington criminal defense attorneys know that getting a juvenile record sealed can restore certain rights. In a recent case, a Washington appeals court found…
Photo Credit: HubbardSteve / Shutterstock.com Washington criminal defense attorneys understand that people sometimes face drug charges because they were in a vehicle or a home where drugs were present. This can be particularly true of the owner or resident of the property where the drugs were found. Although a landlord…
Photo Credit: Paul Biryukov / Shutterstock.com A misdemeanor Washington DUI can be elevated to a felony under some circumstances, including a prior conviction for “[v]ehicular assault while under the influence of intoxicating liquor or any drug.” To elevate a charge, the state must prove the existence of the conviction and…
In Washington domestic violence cases, the prosecution or defense may want to present evidence of what one of the involved parties said about the events. Hearsay evidence is generally not allowed, so such statements must fall within an exception to the hearsay rule to be admissible. A Washington appeals court…
Both the U.S. and Washington Constitutions prohibit warrantless seizures, unless the state can show an exception applies. Washington criminal defense attorneys know that one such exception is the Terry stop. An officer may briefly detain an individual if he or she has a reasonable suspicion of criminal activity based on…
A homeowner or resident may consent to police searching the home. Washington drug crime attorneys know that a homeowner or resident’s consent can affect others in the home. In a recent case, a defendant was convicted of unlawful possession of a controlled substance with intent to deliver within 1,000 feet…
The Washington Constitution, like the Fourth Amendment to the U.S. Constitution, protects individuals against unlawful searches and seizures. Evidence obtained through an unlawful search or seizure may be excluded. Washington drug crime attorneys know that whether evidence is excluded often turns on whether the encounter between the defendant and law…
In Washington, a person may be convicted of possession of a controlled substance if he or she has actual or constructive possession of the substance. A person has actual possession if he or she has physical custody of the substance. A person has constructive possession if he or she has…