La posesión de armas de fuego en Washington es considerada un derecho y privilegio por ser residentes legales de suelo norteamericano. Ciertas ofensas, sin embargo, acaban con estos privilegios. ¿Qué razones pueden hacer que pierda mi derecho a tener armas de fuego? La legislación del estado de Washington menciona expresamente personas y circunstancias en las que la posesión de armas de…
Under both Washington and Federal law, people are protected from unreasonable searches and seizures. This means, in part, that the police cannot detain or interrogate people without a warrant, with few exceptions. One such exception is the Terry stop, which is an investigatory stop conducted due to a suspicion that a person is engaged in criminal activity. The scope of…
After a person is charged with a criminal offense, the court will conduct various hearings, including one in which the defendant is asked to enter a plea. While a person’s first inclination is usually to plead not guilty, in some cases, it makes sense to enter a guilty plea. Even if pleading guilty is the best strategy, it is not…
One of the fundamental rights provided by both the Constitution and state law is the protection against self-incrimination. In other words, parties cannot be compelled to submit to interrogation that would force them to make statements that would implicate their guilt. If a party says something incriminating on his or her own volition, though, the statement may be admissible as…
People convicted of felony crimes are often prohibited from owning weapons, and if they are stopped with guns in their possession, they can face criminal charges. Weapons crimes, like many offenses, often require the prosecution to establish the defendant’s intent. Thus, if the State cannot show that defendant knew it was illegal to possess a weapon, it should not be…
People charged with DUI offenses are often tried shortly after their arrests. In some instances, however, a person may be able to defer his or her prosecution to take part in a treatment or rehabilitation program. People who successfully complete such programs are often able to have their DUI charges dismissed, but they must comply with the conditions imposed by…
In Washington, people convicted of felony offenses typically lose the right to own firearms. Thus, if a person who is not permitted to own a gun is found with one in his or her possession, it may result in additional charges. As possession is a key element of many weapons offenses, if the State cannot produce sufficient evidence to demonstrate…
Generally, juvenile offenders are treated differently than adults, and in many instances, criminal proceedings involving minor offenders are handled by juvenile courts. Serious crimes are often handled by adult criminal courts, though, and typically a conviction in adult court will carry more significant penalties. Recently, a Washington court issued an opinion discussing whether a minor criminal defendant has the right…
It is not uncommon for people to be familiar with one another without knowing each other’s names. As such, if a person witnesses a casual acquaintance committing a crime, the police and prosecution may rely on pictures or video to help the witness identify the offender. Recently, a Washington court addressed the issue of whether social media posts used to…
Many crimes have degrees, and a defendant charged with one crime may ultimately be found guilty of a less serious offense that carries reduced penalties. Thus, in many instances, a defendant will request that the jury receive a lesser included offense instruction in hopes of avoiding a conviction for the more serious charge. A lesser included offense instruction is not…