The Smith & White Blog

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 […]

You could be arrested and face additional criminal charges for violating a no-contact order, on top of the original, most likely domestic violence-related charges that preceded the no-contact order. You could face a gross misdemeanor or class C felony charge for a no-contact order violation, depending on how many previous violations you have and what […]

If you were charged with a crime, especially a serious one involving domestic violence, you want the case to be over.  However, the length of time for a case can be tricky to predict and depends on a lot of factors. The length of any case will depend on the charges, the complexity of the […]

If you were arrested for a domestic-violence-related offense in Tacoma, Lakewood, Puyallup, or elsewhere in Pierce County, you might assume everything goes away if your spouse tells the court they don’t want to press charges. Understandable—but that’s not how Washington works. Once the State files charges, the case is State of Washington v. You. Your […]

If you were arrested for a domestic-violence-related offense in Tacoma, Lakewood, Puyallup, or elsewhere in Pierce County, “proving innocence” happens by building a record that the State cannot overcome at trial. Washington puts the burden on the prosecution to prove every element beyond a reasonable doubt—and if the defense raises lawful self-defense, the State must […]

If you’re facing a domestic-violence allegation in Washington State and you own firearms or have a CPL, the rules are complex and the stakes are high. Washington courts can require firearm surrender before any conviction, certain DV misdemeanors can bar possession, and federal law can add a separate prohibition. Here’s how Pierce County courts typically […]

Residents of Tacoma, Lakewood, Puyallup, and across Pierce County often ask after a dust-up outside a bar or at a house party: If we both agreed to fight, is it still assault? Short answer: Yes. Washington does not recognize a blanket “mutual combat” defense. Consent is narrow and mostly tied to foreseeable contact in organized […]

Domestic violence is often treated differently from most other criminal offenses because it tends to involve people or family members with deep, personal, and complicated ties. The police may have broad authority to arrest even if no witnesses are present. You may be arrested for domestic violence even if the police do not have any […]

Sentencing in Washington criminal cases can be complicated. Even a small change in how prior offenses are counted can make a significant difference in the outcome. In 2023, the Legislature amended Washington’s Sentencing Reform Act to limit the use of juvenile adjudications in calculating offender scores. The appellate case State v. Gardner shows how courts […]