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…
Washington criminal defense attorneys know that the validity of a traffic stop can have a significant effect on a resulting criminal case. A finding that the traffic stop was improper can result in the exclusion of evidence found during the stop. One defendant sought to have evidence suppressed due to…
Criminal charges can have lasting negative effects. In many cases involving a juvenile defendant, those effects can be prevented through sealing the record. Washington criminal defense attorneys know that sealing the record prior to the juvenile’s 18th birthday may help prevent negative effects as the young person applies to colleges,…
Property disputes, property damage, or outright theft sometimes occur following a romantic breakup or a fight between romantic partners. While it is understandable for a person to want to retrieve their property, trying to get the property back in violation of a no-contact order could result in criminal charges. Washington…
Many people are aware of the general rule that hearsay is inadmissible. Washington criminal defense attorneys know that a court may admit hearsay evidence if it meets one of a number of exceptions to that general rule. A Washington appeals court recently reviewed a case involving the excited utterance exception…