In any criminal case, the prosecution must prove all elements of the crime, including the mens rea, or intent. Depending on the facts of the case and the crime charged, the intent element can sometimes be difficult for the prosecution to prove. This can be especially true in Washington domestic…
Defendants in Washington criminal cases often challenge the evidence used against them. One way to challenge evidence is to challenge the validity of the search warrant used to obtain it. When a court issues a search warrant, it must determine there is probable cause based on the facts presented to…
In a series of decisions, the United States Supreme Court held that it is unconstitutional to impose certain severe sentences on juvenile offenders. The Court first found the death penalty unconstitutional for juvenile offenders. Then, it found a sentence of life without parole to be unconstitutional for any juvenile offender…
Evidence collected from an unlawful search is generally not admissible in a Washington criminal case. If, however, the evidence is ultimately obtained pursuant to lawful means independent of the lawful search, it may be admissible. When considering this “independent source doctrine,” the court must consider whether the illegally obtained evidence…
In a Washington criminal case, the court must generally impose a sentence within the standard sentence range. RCW 9.94A.505. In some circumstances, however, the court may deviate from the standard range. These exceptions include exceptional sentences, first-time offender waivers, and Drug Offender Sentencing Alternative (DOSA). DOSA allows a reduced sentence,…
Washington Juvenile Courts are subject to their own rules, which may be different from the rules and procedures that apply to a criminal trial of an adult. A juvenile being tried in a juvenile court does not have a right to a jury. RCW 13.04.021. The case is instead heard…
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…