Under Washington criminal law, a defendant commits residential burglary if they enter or unlawfully remain in a dwelling, other than a vehicle, with the intent to commit a crime against a person or property inside. RCW 9A.52.025. To convict a defendant of residential burglary, the state must prove that the…
The Due Process Clause of the Fourteenth Amendment requires criminal defendants to have “a meaningful opportunity to present a complete defense.” The prosecution generally has a duty to preserve evidence, but it is not absolute. State v. Wittenbarger. The state’s failure to preserve “material exculpatory evidence” generally requires dismissal, but…
Generally, Washington’s “corpus delicti” rule requires the state to prove that the crime occurred, independent of the defendant’s own statements. The state must provide sufficient evidence in its case-in-chief. However, if the defendant presents evidence during their case-in-chief, they waive the challenge to the sufficiency of the evidence as of…
Fines, fees, and penalties can add up and result in a significant financial impact on criminal defendants and their families. These legal financial obligations can be particularly burdensome when imposed on juvenile offenders, who in some cases may be too young to work and who often come from low-income families. …
A court sentencing a Washington criminal defendant to community custody generally has broad discretion in imposing conditions. Appeal courts only overturn a community custody condition if it is “manifestly unreasonable.” An unconstitutional condition is manifestly unreasonable. A community custody condition must be sufficiently specific to give the defendant “fair warning”…
In some circumstances, a Washington criminal defendant may be eligible for a sentencing alternative, including a parenting sentence alternative, a drug offender sentencing alternative (“DOSA”), or a mental health sentencing alternative (“MHSA”). The defendant must meet certain conditions to qualify for these alternatives. A defendant is only eligible for an…
Article I, section 7 of the Washington Constitution protects a person from having their “home invaded, without authority of law,” which generally requires a valid warrant. There is, however, an exception to the warrant requirement when officers obtain a valid consent to search. The consent except applies only when the…
Washington law provides special protections to children in criminal investigations. Pursuant to RCW 13.40.740, which became effective January 1, 2022, a juvenile being questioned in a custodial interrogation, detained based on probable cause of involvement in criminal activity, or asked to consent to an evidentiary search can only knowingly, intelligently,…
RCW 9.94A.753(5) requires a court to order restitution when a defendant is convicted of a Washington criminal offense that results in injury or damage to or loss of property, unless there are “extraordinary circumstances.” The state must prove the damages by a preponderance of the evidence. Restitution cannot include intangible…
Under RCW 46.20.285, a Washington driver license must be revoked upon conviction of certain offenses. The statute requires the Department of Licensing to revoke the driver license when conviction of one of the listed offenses becomes final. A defendant recently challenged his judgment and sentence, arguing the court had applied…