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Washington Court Discusses Unjust Sentences in Domestic Violence Cases
A conviction for a domestic violence crime may not only result in criminal penalties, but it may also negatively impact a person’s relationships. For example, courts may determine that parents guilty of committing domestic violence offenses should be denied access to their children. Courts may only limit parental rights if it is necessary for the protection of children, though, and…
Washington Court Explains Evidence Sufficient to Establish Identity in Criminal Cases
In criminal matters, the burden of proof rests solely with the prosecution. In other words, the prosecution must offer evidence sufficient to establish not only that a crime was committed but also that the defendant is the person that committed the charged offense. If the prosecution is unable to meet its burden of proof, the defendant should not be convicted.…
Court Analyzes DNA Identification of Criminal Defendants in Washington
Under Washington law, law enforcement agencies have the duty to collect DNA samples from certain criminal defendants. If a criminal defendant refuses to submit to an agency’s request for a DNA sample, they may be compelled by the courts to comply. This was demonstrated in a recent case in which a defendant charged with an assault crime argued she should…
Should Your DUI Case Be Dismissed Because the Toxicologist Has Engaged in Misconduct?
“…the Draeger [breath test machine for DUIs] has generated tens of thousands of breath test result[s] … since 2010 in non-compliance with … WAC 448.16.060.” Judge Jahns, on behalf of all the Judges of Kitsap District Court. The entire Kitsap Distict Court bench has spoken. All four judges agree. All Draeger breath test devices have not complied with the law…
Washington Court Discusses Proving Intent in Criminal Cases
In criminal cases, the state bears the burden of proof. Specifically, in order to prove a criminal defendant’s guilt, the state must establish each element of the charged offense beyond a reasonable doubt. In many instances, this means that the state has to prove the defendant acted with intent. In such cases, if the defendant is convicted despite a lack…
Washington Court Discusses Speedy Trial Violations
Criminal defendants have numerous rights under the state and federal constitutions, including the right to a speedy trial. If their constitutional rights are violated, it may provide grounds for vacating their convictions. Not all trial delays are deemed constitutional violations, however, as demonstrated in a recent Washington opinion issued in a matter in which the defendant appealed his conviction for…
Washington Court Assesses DUI Charges Arising Out of Marijuana Use
Under Washington law, it is legal for people to use marijuana recreationally. However, they must abide by certain restrictions and laws regarding the safe use of marijuana. If they do not, they may be charged with crimes. This was illustrated recently in a Washington ruling issued in a DUI case in which the court rejected the defendant’s assertion that he…
Court Discusses Hearsay Evidence in Washington Criminal Cases
Generally, Washington law prohibits prosecutors from using hearsay evidence to attempt to establish a defendant’s guilt. The law permits the introduction of hearsay evidence for other purposes, however. Further, even if hearsay evidence is improperly introduced at a criminal trial, the error may not constitute sufficient grounds for overturning a guilty verdict. This was demonstrated in a recent ruling in…
Probable Cause Issues in a Firearms Crime Case
The state and federal constitutions generally protect people from unreasonable searches, which means, in part, that absent exigent circumstances the police must have a warrant to conduct a search of a person’s body or property. If a police officer seeks a warrant to search a property based on information from an informant, their request should only be granted if they…