One of the core tenets of criminal procedure is that people accused of crimes have a right to question any witnesses who testify against them, pursuant to the confrontation clause. In practice, this means that statements that constitute hearsay are often inadmissible. The confrontation clause does not preclude all out-of-court statements, however, as shown in […]
What is bail, and why is it required in DUI cases? Bail is a sum of money or property given as a guarantee to the court that a defendant will appear at all scheduled court dates after being released from custody. In DUI (Driving Under the Influence) cases, bail is typically set to ensure that […]
What You Need to Know About No Contact Orders in Tacoma, WA Domestic Violence Cases If you’ve been arrested for domestic violence in Tacoma or Pierce County, a no contact order is likely one of the first things the court imposes—sometimes even before charges are filed. These orders are meant to protect alleged victims, but […]
While some people may think of assault as a relatively minor offense, the opposite is true. In fact, in many cases, people convicted of assault crimes face lengthy prison sentences. Intervening changes in the law may allow people sentenced to substantial prison terms to challenge their sentence, though, as demonstrated in a recent Washington assault […]
Court Addresses Prosecutorial Misconduct in Tacoma Assault Cases Prosecutors are bound by a certain code of conduct in criminal proceedings. Among other things, they cannot engage in unjust behavior during trial, such as introducing improper evidence or misstating the law. Even proving that a prosecutor engaged in such acts might not be enough to overcome […]
Non-citizens main concern is the risk of deportation or exclusion from the U.S. if convicted of domestic violence crimes or if found in violation of a protection order. What constitutes domestic violence under Washington state law? Domestic violence is defined as physical harm, bodily injury, assault, fear of imminent harm, sexual assault, or stalking between […]
Road rage, or driving in a reckless and aggressive manner, can lead to assault charges under Washington law. In any assault case, the prosecution bears the burden of establishing the defendant’s guilt, which among other things, means that they must prove the victim’s intent. In a recent Washington assault case, the failure to point a […]
In Washington, the courts will often issue no-contact orders in domestic violence cases. If a person subject to a no-contact order subsequently violates its terms, they may be charged with additional crimes. As discussed in a recent Washington domestic violence case, the State must offer sufficient evidence to support convictions for violating no-contact orders, and […]
Under Washington law, there are numerous assault crimes that the state can accuse a person of committing. The severity of the charges depends, in part, on the level of harm the alleged victim suffered due to the assault. As discussed in a recent opinion issued in a Washington assault case, the prosecution can establish serious […]
The Washington court will issue no contact orders when they determine that doing so is necessary to protect a person from further harm at the hands of their assailant. As such, if a person violates a no-contact order, they may be charged with one or more crimes. If the no-contact order is deemed constitutionally insufficient, […]
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