If a defendant is charged with assault in Washington, depending on the facts of the case, he or she may be able to argue that the allegedly offensive acts were taken in self-defense. In response to a defendant’s argument that he or she was acting in self-defense, the State may attempt to argue that other […]
In many cases in which a person is charged with unlawful possession of a firearm, the evidence in support of the charges was obtained without a warrant. Evidence obtained without a warrant may be unlawful, and the State may be precluded from introducing it at trial. In some cases, however, unlawfully obtained evidence may be […]
Under Washington law, a person can be convicted of unlawful possession of a firearm if the person has previously been convicted of a serious crime and he or she possesses or owns a firearm. Thus, one of the elements the State must prove is a prior conviction for a serious offense. Recently, in a case […]
In Washington, in any case in which a defendant is convicted of a domestic violence crime, in addition to imposing a sentence and fines on the defendant, the court may issue a domestic violence no-contact order (DVNCO). While Washington courts are permitted to enter a DVNCO, their authority in defining the duration and terms of […]
Washington criminal defendants have numerous rights under the law, that aim to prevent unjust convictions. For example, the State must prove each element of a crime beyond a reasonable doubt, and if a defendant is convicted despite insufficient evidence to support a finding of guilt, his or her conviction may be reversed. A Washington court […]
Criminal defendants have numerous rights under state and federal law, including the right to confront a witness. In other words, a person charged with a crime has a right to question the anyone testifying on behalf of the State, and if a person is denied that right it may result in an unjust conviction. A […]
In Washington, if a person is restricted by a domestic violence no-contact order, the person must strictly abide by the terms of the order, or he or she may face significant penalties. This was demonstrated in a recent Washington appellate court case in which the court found that the State produced sufficient evidence that the defendant committed […]
On August 10, beer lovers around the South Sound will descend on Tacoma’s annual Brew Five Three Beer and Music Festival located on South 9th and Broadway in downtown Tacoma. In an effort to keep the community safe The Law Offices of Smith & White, Tacoma’s expert DUI defense attorneys, will reimburse the cost of […]
The Washington Rules of Criminal Procedure provide many rights and protection to criminal defendants that extend from the time of their arrest through trial. Additionally, even if a person is convicted of a crime and sentenced to imprisonment, he or she may be able to obtain relief via a personal restraint petition. Recently, a Washington […]
Under Washington law, for a defendant to be found guilty by a jury in a criminal case, the jury’s decision must be unanimous. There are exceptions to the rule, however, such as cases involving a continuing course of conduct. This was elucidated in a recent Washington appellate court case, in which the defendant was convicted […]
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