A juvenile recently challenged guilty adjudications arising from her actions while being detained and forcibly changed into scrubs at the hospital. According to the appeals court’s unpublished opinion, a deputy went to the high school because the juvenile refused to leave the school. The juvenile made statements about suicide and…
Video can be important evidence in a Washington criminal case. A defendant recently challenged his convictions in which video surveillance footage played a significant part. According to the unpublished opinion of the appeals court, the police department received a report of a shot fired at a motel. The person who…
To admit evidence of a breath test in a Washington criminal case, the state must produce prima facie evidence of certain facts, including that the tested person did not have any foreign substances in their mouth in the fifteen minutes before the test. RCW 46.61.506. The state can make this…
Individuals facing Washington criminal charges have a due process right to a “fair trial in a fair tribunal.” A person’s due process rights may be violated if the court acts as an advocate instead of a neutral arbiter. A juvenile recently challenged his conviction after the trial judge questioned the…
The U.S. and Washington Constitutions generally protect individuals from unlawful searches. Although individuals on parole or probation have somewhat diminished privacy rights, there are still limitations on when they can be searched. A defendant recently appealed his conviction, arguing the search of his vehicle was improper. According to the appeals…
In some circumstances, a Washington juvenile court may decline or waive jurisdiction and transfer a case, resulting in the juvenile being tried as an adult. The U.S. Supreme Court set forth the factors to be considered by a juvenile court in making a decision to decline jurisdiction in Kent v.…
RCW 77.15.080 authorizes fish and wildlife officers to temporarily stop a person, based on articulable facts they are engaged in fishing, harvesting, or hunting activities. to ensure they are in compliance with Washington fish and wildlife laws. A defendant recently challenged his firearms conviction, arguing he was improperly stopped by…
To convict a defendant of possession of a controlled substance with intent to deliver, the state must prove the defendant possessed the controlled substance and had an intent to deliver it to someone else. Whether the defendant actually possessed the controlled substances is often an issue. A defendant recently appealed…
In 2023, the legislature amended RCW 9.94A.535(1)(b) to prohibit the inclusion of most prior juvenile adjudications in an offender score. A defendant recently challenged a sentence imposed in October 2022 because the court had included juvenile adjudications in his offender score. Following an incident in May 2022, the defendant was…
Washington felony violation of a court order occurs when a person, who has at least two previous convictions for violating a court order, knows a no-contact order exists and knowing violates a provision of it. Willful violation of a court order occurs when a person has willful contact with another…