The Smith & White Blog

In State v. Wilson, the court addressed one of the most fundamental protections in criminal law: a defendant’s constitutional right to present a defense. That right includes the ability to offer alternative explanations for alleged criminal conduct and to challenge the State’s theory of how an injury or offense occurred. Yet, as this case demonstrates, the […]

If you’ve recently posted bail, paid court fines or fees, or have an active case in Tacoma or Pierce County, be on alert for a scam that’s hitting people at a vulnerable moment. Scammers impersonate the court, police, or “warrant officers” and demand additional payment—often immediately—using cryptocurrency or other hard-to-trace methods. Local agencies have issued […]

If you have a warrant for traffic tickets, a criminal arrest warrant, or a bench warrant for a failure to appear, you could find yourself under arrest.  Often, people can have warrants from old cases they might not even know about. If you suspect you might have a warrant, call a lawyer right away.  However, […]

Arrest warrants can be very scary once you find out about them, but they are not always as intimidating as you might think. While arrest warrants issued during criminal investigations are serious and require immediate legal attention, bench warrants are arguably less severe. With the help of a lawyer, it may be possible to quash […]

Under Washington law, some crimes may be designated as crimes of domestic violence if the State can produce sufficient evidence that the offense meets the criteria set forth under the law. If the State cannot prove each element of a domestic violence crime, a domestic violence designation may be stricken Self Defense When you’re facing […]

In Washington State, misdemeanors are classified as either simple or gross misdemeanors. A gross misdemeanor is more serious than a simple one, and it often carries harsher penalties. These penalties are sometimes, but not always, explicitly described by statutes. Penalties may be trickier to determine for gross misdemeanors that are not fixed by statute. Under […]

Although the alleged victim may have been the one to report the defendant to law enforcement, leading to domestic violence-related charges. However, decisions about whether to continue the case are usually out of their hands. The prosecution chooses whether to proceed or drop charges, not the victim.  Alternatively, the court may dismiss charges if there […]

One of the most frustrating parts of a criminal conviction is that it may remain on your record indefinitely if you do not take steps to remove it. Unfortunately, removing convictions from criminal records is very difficult, and you must meet very strict eligibility criteria. To begin, speak with an experienced attorney about your situation. […]

Officers must have probable cause to arrest you for a marijuana DUI. Before they even pull you over, they must first have reasonable suspicion that you committed a crime, are committing a crime, or are about to commit a crime. Once an officer stops you, they begin an investigation to decide whether probable cause exists […]

Washington has legalized recreational marijuana, and police now arrest and convict far more drivers for marijuana DUI than in the past. Deciding whether to arrest a driver for marijuana impairment can be difficult for officers. Unlike with an alcohol-related DUI, there are very few roadside tools that reliably and accurately detect marijuana impairment. To decide […]