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…
Washington DUI defense attorneys often have to fight vigorously to ensure they get information from the State. In DUI cases, the State sometimes fails to name the toxicologist who will testify until very close to the trial. In one particularly egregious case, the prosecution provided a list of potential witnesses…
The Washington Constitution protects people from unlawful searches and seizures. Article 1, section 7 has been interpreted by Washington courts to prohibit police from requesting identification of a passenger unless there is an independent basis for the request. An independent basis exists if the officer can identify specific and articulable…
A jury must base its decision on the evidence before the court and may not consider evidence outside the record. While courts do their best to ensure that juries are properly instructed and not exposed to outside information, jurors still sometimes consider extrinsic information in robbery and other theft cases. …
Drug possession, manufacture, or sale that occurs in certain public places carries enhanced penalties under Washington law. Prison time or fines may be as much as double as what is otherwise allowed. Under RCW 69.50.435, locations that can result in sentencing enhancements include schools, school buses, public parks, certain public…
Article I, section 7, of the Washington Constitution provides that “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Washington criminal defense attorneys know that the privacy protections of section 7 provide greater coverage than the Fourth Amendment of the U.S. Constitution…
Probable cause is required for a warrantless arrest. To have probable cause, the arresting officer must be aware of facts or circumstances that are based on reasonably trustworthy information that is sufficient to cause a reasonable officer to believe a crime was committed. If the arresting officer did not have probable…