A person does not lose their liberties simply because he or she is charged with a crime. Rather, under both state and federal law, criminal defendants are afforded with certain rights and protections, including the right to a speedy trial. The Court of Appeals of Washington recently analyzed what constitutes a violation of the right […]

If you face charges of unlawful possession of a firearm, it is essential to retain an attorney that will seek the prohibition of any evidence that should not be admitted against you at trial. Recently, a Washington appellate court upheld a defendant’s conviction, finding that his attorney’s failure to object to the state’s admission of […]

Many criminal charges and convictions are based on eyewitness testimony and statements, such as statements made by the defendant or other parties. In some cases, individuals charged with a crime may be able to preclude any statements made before or after his or her arrest from being introduced into evidence and used against the individual. […]

Criminal defendants are commonly prosecuted in the court that has jurisdiction over the area where the crime allegedly occurred. If the state fails to identify the proper court to prosecute charges against a defendant, the defendant can move to have the case dismissed for lack of jurisdiction. In some cases, however, it may not be […]

In many criminal cases, whether a defendant is convicted of a greater or lesser offense depends on the state’s evidence against the defendant. As such, if you are charged with a crime, it is important to know what evidence the state intends to introduce against you and seek to exclude any prohibited evidence that may […]

Domestic violence no-contact orders are required to provide sufficient information to give notice to the party prohibited from contact of the terms of the prohibition. No-contact orders are not required to be exact, however, and a defendant can be convicted of violating an order even if some of the information is inaccurate. For example, in […]

Under Washington law, evidence that a victim’s account of an alleged assault has remained consistent is inadmissible to corroborate the victim’s testimony. As outlined in Washington v. Kleinsmith, however, a failure to make a timely objection to inadmissible testimony will result in a waiver of the objection. In Kleinsmith, the Court of Appeals of the […]

Under Washington law, to convict a defendant of third-degree assault of a law enforcement officer the state is required to prove the officer was performing his or her job duties at the time of the assault and that the defendant intended to hit the officer. In Washington v. Eagle, the Court of Appeals of the […]

Under Washington law, self-defense is a valid defense to an assault charge. If a jury is not properly instructed on the law regarding self-defense, however, a defendant may be improperly convicted. In Washington v. Backemeyer, the Court of Appeals of the State of Washington overturned the Defendant’s conviction for assault and granted him a new […]

Under Washington law, if a person violates the terms of a no-contact order by assaulting the protected person, he or she can be convicted of a felony. Further, a person subject to a no-contact order cannot violate the terms of the order, regardless of the reason for doing so. In State of Washington v. Steven Brian […]