Washington’s privacy act generally prohibits recordings of communications obtained without consent of all parties from being admitted as evidence at trial. RCW 9.73.030. In some circumstances, however, they may be admissible. A law enforcement officer can intercept, record, or disclose a conversation with the consent of one party and authorization…
Washington criminal defendants have the right for the jury to be instructed on applicable lesser-included crimes if each of the elements of the lesser offense is a necessary element of the charged offense and the evidence supports an inference the lesser crime was committed instead of the greater offense. There…
To convict a defendant of Washington harassment, the state must show that the defendant knowingly threatened to cause bodily injury, physically damage someone else’s property, or physically confine or restrain another person, without the authority of law, and placed the threatened person in reasonable fear that they would carry out…
Washington’s Drug Offender Sentencing Alternative (“DOSA”) program provides substance use disorder treatment and community treatment to people with a substance use disorder who have committed certain crimes. A DOSA sentence reduces or eliminates the time a person must spend in jail or prison if they complete the treatment and comply…
Washington domestic violence cases often involve allegations the defendant took or damaged the alleged victim’s phone. Taking a phone in such circumstances may result in charges of interfering with reporting domestic violence, but it can also result in theft charges. Given the ever-increasing price of mobile phones, those theft charges…
The Fifth Amendment of the U.S. Constitution protects individuals from being put in jeopardy more than once for the same offense. The Washington State Constitution also protects Washington criminal defendants from double jeopardy. Many people think of the double jeopardy doctrine as preventing a person from being charged with the…
Pursuant to RCW 43.43.754, individuals convicted of certain crimes and juvenile offenses in Washington must give a DNA sample. Two juveniles recently challenged separate court orders requiring them to give DNA samples after they were granted deferred disposition. Each of the juveniles was charged with theft of a motor vehicle…
A guilty plea by a Washington criminal defendant must be knowing, intelligent, and voluntary. A plea can only be voluntary if the defendant understands both the nature of the charges against him or her and the consequences of pleading guilty. The trial court must be “satisfied that there is a…
Pursuant to RCW 26.50.110(5), violation of certain Washington protection orders is a class C felony if the defendant has two or more prior convictions for violating specified types of protection orders. A defendant recently challenged his felony convictions, arguing the state failed to prove the validity of one of his…
Generally, hearsay is excluded from evidence, though there are some exceptions. Hearsay is a statement made outside court and offered into evidence to prove the truth of the matter asserted. ER 801. If, however, the prosecution in a Washington criminal case wants to present an out-of-court statement for a purpose…