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. […]

It is a common misconception that assault involves actual bodily harm. Under Washington law, however, there are multiple acts that constitute assault, most of which do not require proof of physical contact. Thus, a defendant may be convicted of assault even if he or she never touches the alleged victim, as shown in a recent […]

Often when a person is convicted of a crime of domestic violence, the court will impose a no-contact order as a part of the person’s sentence. When a domestic violence defendant and his or her alleged victim have a child together, however, a seemingly straightforward no-contact order may become complicated. This was evidenced in a […]

In many instances in which a defendant is charged with a domestic violence crime, he or she will enter into a plea agreement with the State. Although the court is not required to impose the sentence recommended by the State pursuant to a plea agreement, the State cannot actively undercut the agreement by offering evidence […]

Given the unpredictable nature of criminal trials, in many cases, it is prudent to enter into a plea agreement with the State. Generally, a criminal defendant’s attorney will inform him or her of any plea offers, and advise the defendant of whether the offer is reasonable or whether the defendant should proceed to trial. If […]

Simply because a person is charged with a crime, it does not mean they are no longer protected by the law. Rather, criminal defendants are granted many rights by state and federal law, including the right to a speedy trial. Thus, if a trial is unduly delayed, a defendant may be able to obtain a […]

When a defendant is charged with a crime, the State is tasked with proving each element of the crime to prove the defendant’s guilt. If the State cannot meet this burden, the defendant should be found not guilty. For example, many crimes require the State to prove a defendant had actual intent to commit the […]