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 […]
RCW 9.92.020 Punishment of gross misdemeanor when not fixed by statute. Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up […]
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 […]
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 […]
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