Evidence

In certain cases, even if criminal defendants committed the alleged acts out of which their charges arose, they may be able to argue an affirmative defense to avoid a conviction. For example, defendants charged with assault may be able to persuade the judge or jury that their actions were undertaken in self-defense and therefore were justified. Recently, a Washington appellate…

In many cases in which a person is charged with unlawful possession of a firearm, the evidence in support of the charges was obtained without a warrant. Evidence obtained without a warrant may be unlawful, and the State may be precluded from introducing it at trial. In some cases, however, unlawfully obtained evidence may be admitted under the independent source…

Although in some cases a person will be arrested during the commission of a crime, in many cases a person will be arrested after the alleged crime is committed, based on circumstantial evidence. While circumstantial evidence is admissible to prove guilt, the State must nonetheless produce sufficient evidence to obtain a conviction. Recently, a Washington appellate court analyzed the sufficiency…

In any Washington criminal case, there are procedural and evidentiary rules with which both the State and the defendant must comply. If a defendant is convicted based on evidence introduced by the State at trial that lacks a proper foundation or was improperly obtained it can result in a reversal of a conviction. A Washington Court of Appeals recently addressed…

It is the duty of the police to ensure the safety of the public as a whole. In performing their job duties, however, the police are not permitted to violate the rights of individual citizens. One of the rights afforded individuals is the right to be free from unlawful seizure. If a person is unlawfully stopped, anything found during the…

Under Washington law, the State must prove each element of a crime to rightfully convict a defendant. For example, if a defendant is charged with possessing a stolen firearm the State must provide evidence showing that the defendant possessed a stolen firearm and acted with knowledge that the firearm was stolen. If the State does not have strong enough evidence…

When a person is convicted of a crime in Washington, in addition to any sentence or fines imposed following the conviction, the person may lose the right to possess a firearm. Thus, if the person is subsequently found to be in possession of a firearm he or she may be charged with unlawful possession of a firearm. A Washington court…

The law affords individuals certain rights, including the right to be free from unreasonable search and seizure. In other words, the police are not permitted to detain or search a person without a reasonable basis. Further, the State is precluded from introducing any evidence obtained during an unlawful stop against a defendant. If a conviction is based on evidence obtained…

If you face charges of unlawful possession of a firearm, it is essential to retain an attorney that will seek the prohibition of any evidence that should not be admitted against you at trial. Recently, a Washington appellate court upheld a defendant’s conviction, finding that his attorney’s failure to object to the state’s admission of written statements regarding his alleged…

Under Washington law, to convict a defendant of third-degree assault of a law enforcement officer the state is required to prove the officer was performing his or her job duties at the time of the assault and that the defendant intended to hit the officer. In Washington v. Eagle, the Court of Appeals of the State of Washington upheld the…