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There has been plenty of press about the opiate epidemic that has swept the United States.  CDC opioid death statistics.  How the doctors neglect to warn people about the addictive properties of the painkillers which they are liberally prescribing and whether the FDA should approve such addictive substances to begin with are the subject for another article.  Deceptive Marketing of Drugs.  The hard truth that we must face, regardless how we got here, is that there is a crime wave that accompanies any opiate epidemic.

Fortunately, the vast majority of crimes associated with drug addiction are property crimes–theft, trafficking in stolen property, taking motor vehicles and even the noxious but not physically threatening identity theft.  As such, they are often eligible for the residential DOSA alternative to prison.  https://app.leg.wa.gov/rcw/default.aspx?cite=9.94A.664. Continue reading

 

Contrary to popular belief, in Washington a police officer cannot simply pull you over based on a “hunch”; there has to be a viable cause, or what is referred to as “reasonable suspicion” for the stop. Be it a minor traffic violation such as running a red light or perhaps an even lesser infraction like a defunct headlight, the officer in question cannot initiate a traffic stop based strictly on the fact the he/she thinks you may have been drinking. That said, assuming you are pulled over as a result of a valid suspicion, being knowledgeable about your rights at that moment and knowing precisely how to act, speak and behave is critical for any future DUI defense.

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In criminal cases in Washington, there are several elements against which you must defend if you’re accused of a crime. One of these is the imposition of a legal financial obligation (LFO) or monetary cost. In order to be obligated to pay, however, the court must provide a statute that specifically authorizes the LFO. In one man’s assault case, the Washington Court of Appeals decided that his LFO was improper because he did not commit any of the underlying crimes listed by the statute as requirements.

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A recent opinion from the Washington Court of Appeals offers an important reminder about the significance of lesser included offenses in a criminal trial. In this recent case, a man was able to get a conviction overturned because fourth-degree assault was a lesser included offense, but the trial judge refused to give the jury the instruction on fourth-degree assault that the accused man requested.

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In criminal law, there are certain issues in which the defendant’s state of mind or knowledge are vitally important matters to determining his level of guilt. In other areas, the defendant’s mental state is completely irrelevant. This distinction is what unraveled one Navy seaman’s defense against a charge of assault on a police officer. The seaman sought a self-defense jury instruction, based upon his alleged lack of knowledge that the man detaining him was a police officer. The Washington Court of Appeals upheld the lower court’s ruling because, in the seaman’s case, it didn’t matter what he did or didn’t know about the officer. It only mattered that the officer’s detainment of him was lawful, which the seaman did not contest.

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In an important new ruling from the Washington Court of Appeals that shows just how broad the state’s electronic surveillance law is, the appeals court threw out an attempted murder conviction against a husband whose threats to kill his wife were accidentally recorded on a cell phone’s voicemail application. Even though no third person was involved in secretly recording the exchange, the fact was that neither the husband nor the wife had consented to being recorded, which triggered the electronic surveillance law and made the recording inadmissible in the husband’s trial.

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A famous song from the 1960s, borrowing from Jewish and Christian scriptures, states that there is a “time to every purpose under heaven.” Encounters with police can be like that. Which is to say, when interacting with the police, there is a time to be very forthcoming, and there is a time to refrain from speaking. Suffice it to say, whatever the specifics of your situation may be, the first thing you say when you encounter a law enforcement officer should probably not be, “I did it.” One man from southwestern Washington made that mistake in his case, a case in which the Washington Court of Appeals upheld his conviction.

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A spilled beer at a bar escalated to a physical conflict and ultimately led to a customer’s stabbing of a guard. In the customer’s assault trial, he argued unsuccessfully for a jury instruction about self-defense. The Washington Court of Appeals upheld the decision not to issue the instruction. The law requires the defendant to have evidence of three things in order to warrant the instruction, and this defendant had none of the three.

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If you or a friend or relative has been accused of a crime, there are many things about which to concern yourself in the criminal trial. One of these is ensuring that your case includes all of the defenses allowed by the law, possibly including self-defense. You are entitled to request that your jury receive an instruction on self-defense if there is enough evidence in your case to create a reasonable possibility that your actions were in self-defense. As a recent Washington Court of Appeals decision makes clear, it doesn’t matter if the evidence that potentially raises the issue of self-defense comes from your case or the prosecution’s case. If the evidence is validly before the court, and it raises the possibility that you acted in self-defense, the jury should be instructed on self-defense.

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There are a few, but only a limited few, reasons that a law enforcement officer can search your person or possessions without a warrant. If the officer conducts a warrantless search and obtains evidence against you, and you challenge the admission of this evidence at trial, the law requires the state to prove that the warrantless search fit within one of the valid exceptions to the prohibition against warrantless searches. In one recent vehicular assault case, a deputy conducted a warrantless search of a driver’s purse in order to expedite the towing of her car. The trial court said that this was part of the the officer’s “community caretaking” function, but the Washington Court of Appeals later reversed that ruling and awarded the driver a new trial. Without proof that the search was necessary for some health-and-safety-related reason (which the state did not have in this case), the search was not within any exception and therefore was illegal.

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