Generally, a police officer needs a warrant to seize a person suspected of a crime. There are some exceptions to the warrant requirement, including the Terry stop. Terry allows an officer to briefly stop and question someone if the officer had reasonable suspicion of criminal activity. The officer’s suspicion must…
A DUI in Washington is generally a gross misdemeanor, but it can be elevated to a felony if the defendant has three prior offenses, as defined under the statutes within the past 10 years. RCW 46.61.502. RCW 46.61.5055 sets out which convictions qualify as prior offenses, including reckless driving if…
Over the past several years, there has been increasing focus on how the imposition of fees and costs on criminal defendants can disproportionately affect poor and disadvantaged individuals. Washington drew national attention for the way its courts imposed fees and costs on defendants, and particularly the 12% annual interest rate…
Teenagers sometimes act impulsively, and, unfortunately, if someone gets hurt as a result of those impulsive actions, it could result in Washington criminal charges. In a recent case, a juvenile defendant challenged his conviction, arguing in part the court should have considered adolescent brain development and maturity in assessing his…
The Washington State Constitution recognizes a privacy right and prohibits disturbance of that privacy without authority of law. When a driver is arrested for driving under the influence, the vehicle must be impounded pursuant to RCW 46.55.360. A defendant recently challenged the impound statute as a violation of the Washington…
Washington law prohibits possession of a firearm by a person, including a juvenile, who has been convicted of a serious offense. Washington law allows a person to petition the court for restoration of the right to possess a firearm in certain circumstances. It is not uncommon for a Washington criminal…
Washington State has long allowed adults with criminal convictions to vacate convictions from their record. However, the previous eligibility requirements severely limited the ability to vacate certain convictions and the number of convictions eligible to be vacated. In April of 2019, the Washington State legislature passed the New Hope Act,…
In a Washington criminal case, a warrantless search will be found to be unreasonable unless the state shows that a warrant exception applies. In a recent case, a defendant challenged her conviction based on evidence found during a warrantless search. According to the court’s opinion, a police officer responding to…
Generally, warrantless seizures are unconstitutional unless an exception applies. One such exception is a Terry stop. A defendant recently challenged evidence found in a search after what the state agreed was a Terry stop in a Washington criminal case. A sheriff deputy was dispatched after a 911 call reporting an…
In a Washington felony violation of a no-contact order case, the prosecution must prove the existence of the no-contact order and the defendant’s knowledge of it. For a variety of reasons, the defense may not want the jury to see the no-contact order. A recent issue in Washington has been…