Generally, people in Tacoma have the right to own and possess firearms. The right is not inalienable, however, and in certain situations may be taken away. For example, people convicted of felony offenses are typically barred from possessing firearms, and may face criminal charges if they are caught with a gun in their possession. As […]

A conviction for a domestic violence crime may not only result in criminal penalties, but it may also negatively impact a person’s relationships. For example, courts may determine that parents guilty of committing domestic violence offenses should be denied access to their children. Courts may only limit parental rights if it is necessary for the […]

In criminal matters, the burden of proof rests solely with the prosecution. In other words, the prosecution must offer evidence sufficient to establish not only that a crime was committed but also that the defendant is the person that committed the charged offense. If the prosecution is unable to meet its burden of proof, the […]

Under Washington law, law enforcement agencies have the duty to collect DNA samples from certain criminal defendants. If a criminal defendant refuses to submit to an agency’s request for a DNA sample, they may be compelled by the courts to comply. This was demonstrated in a recent case in which a defendant charged with an […]

Recently, a Washington toxicologist may have falsely certified that tests met WAC requirements, raising concerns about the validity of sworn statements submitted under penalty of perjury. The issue surrounds a breath test device manufactured by Draeger that were found to be non-compliant and a recent decision that was made by the Kitsap Distict Court. The […]

In criminal cases, the state bears the burden of proof. Specifically, in order to prove a criminal defendant’s guilt, the state must establish each element of the charged offense beyond a reasonable doubt. In many instances, this means that the state has to prove the defendant acted with intent. In such cases, if the defendant […]

Criminal defendants have numerous rights under the state and federal constitutions, including the right to a speedy trial. If their constitutional rights are violated, it may provide grounds for vacating their convictions. Not all trial delays are deemed constitutional violations, however, as demonstrated in a recent Washington opinion issued in a matter in which the […]

Generally, Washington law prohibits prosecutors from using hearsay evidence to attempt to establish a defendant’s guilt. The law permits the introduction of hearsay evidence for other purposes, however. Further, even if hearsay evidence is improperly introduced at a criminal trial, the error may not constitute sufficient grounds for overturning a guilty verdict. This was demonstrated […]

The state and federal constitutions generally protect people from unreasonable searches, which means, in part, that absent exigent circumstances the police must have a warrant to conduct a search of a person’s body or property. If a police officer seeks a warrant to search a property based on information from an informant, their request should […]

Typically, witnesses for the state must testify in person, and if the state attempts to introduce a person’s out-of-court statements instead of offering them as a witness at trial, their statements may be precluded as hearsay. If the defendant engaged in certain wrongful acts that prevented the person from testifying, though, the court may find […]