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…
Seattle Attorneys Blog
Washington Court Did Not Consider Teen Brain Development in Assessing Criminal Culpability
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…
First Circuit: Student Is Not Entitled to Cross-Examination in Disciplinary Proceedings
In the past few years, students have been challenging the procedures used by colleges and universities in disciplinary proceedings related to Title IX. As schools have become more proactive in addressing sexual harassment and sexual assault, ongoing issues regarding the required due process for related disciplinary proceedings have arisen. Schools…
Washington Appeals Court Enforces Arbitration Provision in Divorce Agreement
When a couple reaches an agreement regarding their divorce, it is not uncommon to agree that any disputes regarding the agreement are subject to arbitration. Generally, Washington law favors arbitration. In a recent case, however, a husband challenged a court’s decision not to refer a matter to arbitration. The couple…
Washington Supreme Court Holds Impound Statute Unconstitutional
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 Court Does Not Have to Restore Firearm Rights Upon Vacating Juvenile Deferred Disposition
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 Tenant Found Not Liable for Fall on Stairs in the Common Area
When a person slips and falls in an office building, it is important to ascertain who may be liable. Multiple tenants, a property management company, building owners, and even some vendors contracted to do certain work may have some responsibility. Liability may depend in part on the leases, contracts, and…
THE NEW HOPE ACT: Changing the Eligibility Requirements for Vacating Criminal Convictions
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,…
Washington Appeals Court Overturns Conviction Based on Warrantless Search
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…
Washington Appeals Court Upholds Spousal Maintenance Award to Repay Debt
Courts in Washington divorce cases must make an equitable and just distribution of the couple’s property and liabilities. In some cases where one spouse owes the other, spousal maintenance or alimony may be used to achieve an equitable and just distribution. In a recent case, a husband challenged the award…