In many instances in which a person is convicted of a serious offense, in addition to being penalized via jail time or a fine, he or she will also lose the right to possess or own a firearm. As such, if a convicted felon is found with guns in his or her possession, it may […]

Many criminal statutes require the State to prove that a defendant possessed a certain mental state during the commission of the crime. If the State cannot establish that the defendant had the required state of mind when an offense was allegedly committed, then the defendant should not be found guilty. Recently, a Washington court discussed […]

In many instances in which a person is accused of engaging in acts of domestic violence, a court will issue a protective order barring the person from contacting the alleged victim. While a violation of a protective order may constitute a crime, if the terms of the order are unclear, it may not be understandable. […]

Typically, in a Washington criminal trial, the prosecution is limited to introducing evidence that would persuade a judge or jury that the defendant committed the charged offense. As such, any evidence that is unrelated to the underlying crimes, and that would be prejudicial to the defendant may be precluded. For example, the prosecution cannot typically […]

Prosecutors need enough evidence to convince all jurors of a defendant’s guilt. They try to accomplish this using witness testimony, physical evidence, and medical records. However, our attorneys may be able to poke holes in their case by getting evidence suppressed. Prosecutors generally have to prove intent during assault trials, which is challenging. Though assault […]

In some cases in which a defendant is sentenced to imprisonment, he or she may be able to obtain a reduced sentence or compassionate release. There are strict parameters that define when a compassionate release is appropriate, and a court will not grant a defendant compassionate release unless the defendant demonstrates that one of the […]

It is common knowledge that when a person is charged with a crime, they cannot be forced to make self-incriminating statements. Many people do not understand the nuances of the right against self-incrimination, however, or when it applies, as demonstrated in a recent case in which the defendant’s conviction for unlawful possession of a firearm […]

Domestic violence crimes are not limited to physical acts of violence, but also include stalking, cyberstalking, and harassment over the telephone. While a wide array of behavior may give rise to a domestic violence offense, a common element of domestic violence crimes is harm, whether it is actual harm or an actual or perceived threat […]

In many instances in which a person is convicted of a crime, an element of the person’s sentence will be a prohibition against owning or possessing firearms. If the court does not orally advise the defendant of all of the elements of his or her sentence, however, the defendant may have grounds to object to […]

It is a well-established rule of law in Washington that the State cannot introduce evidence of a defendant’s prior bad behavior to establish that the defendant committed the crime for which he or she is currently charged. While evidence of prior bad actions cannot be used to prove guilt, it is admissible for other reasons. […]