The Smith & White Blog

Here’s what you need to know about protection orders under Washington’s RCW 7.105, how the process works, and why legal help often leads to better results. What is a Civil Protection Order in Washington? A civil protection order (CPO) is a court order intended to protect individuals from specific harmful behavior, such as domestic violence, […]

When determining an appropriate sentence for a person convicted of an assault offense, the Washington courts will, among other things, calculate the person’s offender score. Numerous factors can impact the score, including whether the person has prior convictions for certain offenses. As discussed in a ruling recently issued in a Washington assault case, the court […]

In many instances in which the police suspect a motorist is operating a vehicle while under the influence of alcohol, they will administer a breath test. Breath tests are only admissible if they are conducted in a certain manner, however. For example, they may be deemed invalid if there was a foreign substance in the […]

One of the core tenets of criminal procedure is that people accused of crimes have a right to question any witnesses who testify against them, pursuant to the confrontation clause. In practice, this means that statements that constitute hearsay are often inadmissible. The confrontation clause does not preclude all out-of-court statements, however, as shown in […]

What is Bail, and Why is it Required in DUI Cases? Bail is a sum of money or property given as a guarantee to the court that a defendant will appear at all scheduled court dates after being released from custody. In DUI (Driving Under the Influence) cases, bail is typically set to ensure that […]

If you’ve been arrested for domestic violence in Tacoma or Pierce County, a no contact order is likely one of the first things the court imposes—sometimes even before charges are filed. These orders are meant to protect alleged victims, but they can have serious consequences for the accused, especially if you share a home, workplace, […]

While some people may think of assault as a relatively minor offense, the opposite is true. In fact, in many cases, people convicted of assault crimes face lengthy prison sentences. Intervening changes in the law may allow people sentenced to substantial prison terms to challenge their sentence, though, as demonstrated in a recent Washington assault […]

Court Addresses Prosecutorial Misconduct in Tacoma Assault Cases Prosecutors are bound by a certain code of conduct in criminal proceedings. Among other things, they cannot engage in unjust behavior during trial, such as introducing improper evidence or misstating the law. Even proving that a prosecutor engaged in such acts might not be enough to overcome […]

Non-citizens main concern is the risk of deportation or exclusion from the U.S. if convicted of domestic violence crimes or if found in violation of a protection order. What constitutes domestic violence under Washington state law? Domestic violence is defined as physical harm, bodily injury, assault, fear of imminent harm, sexual assault, or stalking between […]

Road rage, or driving in a reckless and aggressive manner, can lead to assault charges under Washington law. In any assault case, the prosecution bears the burden of establishing the defendant’s guilt, which among other things, means that they must prove the victim’s intent. In a recent Washington assault case, the failure to point a […]