One of the fundamental rights provided by both the Constitution and state law is the protection against self-incrimination. In other words, parties cannot be compelled to submit to interrogation that would force them to make statements that would implicate their guilt. If a party says something incriminating on his or her own volition, though, the […]

People convicted of felony crimes are often prohibited from owning weapons, and if they are stopped with guns in their possession, they can face criminal charges. Weapons crimes, like many offenses, often require the prosecution to establish the defendant’s intent. Thus, if the State cannot show that defendant knew it was illegal to possess a […]

People charged with DUI offenses are often tried shortly after their arrests. In some instances, however, a person may be able to defer his or her prosecution to take part in a treatment or rehabilitation program. People who successfully complete such programs are often able to have their DUI charges dismissed, but they must comply […]

In Washington, people convicted of felony offenses typically lose the right to own firearms. Thus, if a person who is not permitted to own a gun is found with one in his or her possession, it may result in additional charges. As possession is a key element of many weapons offenses, if the State cannot […]

Generally, juvenile offenders are treated differently than adults, and in many instances, criminal proceedings involving minor offenders are handled by juvenile courts. Serious crimes are often handled by adult criminal courts, though, and typically a conviction in adult court will carry more significant penalties. Recently, a Washington court issued an opinion discussing whether a minor […]

It is not uncommon for people to be familiar with one another without knowing each other’s names. As such, if a person witnesses a casual acquaintance committing a crime, the police and prosecution may rely on pictures or video to help the witness identify the offender. Recently, a Washington court addressed the issue of whether […]

Many crimes have degrees, and a defendant charged with one crime may ultimately be found guilty of a less serious offense that carries reduced penalties. Thus, in many instances, a defendant will request that the jury receive a lesser included offense instruction in hopes of avoiding a conviction for the more serious charge. A lesser […]

While people generally have the right to own weapons, some people who have prior felony convictions are barred from owning firearms and can face criminal charges if guns are found in their possession. While a person that is not permitted to own guns can be charged with multiple weapons charges, they cannot be charged more […]

Criminal defendants are afforded the right to a fair trial. Among other things, this means that the State cannot introduce evidence that a defendant engaged in other wrongs, crimes, or bad acts to show that the defendant has bad character and acted in conformance with that character in committing the underlying offense. Such evidence may […]

Criminal defendants in Washington have the right to a trial by jury. They do not have the right to pick the jurors, however. Rather, jurors are randomly selected from people living in the county where the crime occurred. The prosecution and the defense both can question jurors for potential bias, though, and can make peremptory […]