Washington Legal Defense
Free Consultation
Who Am I? Get 150+ Years of Combined Litigation Experience on Your Side
Hester Law Group

Who Am I?

As we all know, a defendant’s identity is an issue that exists in every case, but rarely one that draws much attention during trial unless an alibi defense is raised. However, in State v. Huber (31086-4-II 2005), the Court of Appeals Division II reaffirmed the significance of establishing a person’s identity as an element of a charged offense. It unabashedly held that the state bears the burden of establishing, beyond a reasonable doubt, that the person who is seated at defense counsel table is, in fact, the same individual against whom the charge has been filed.

Huber involved a bail jump count that was severed from the substantive offense from which the bail jump arose. The state, in its case-in-chief, introduced certified copies of various documents. These documents included the charge that “Huber” violated a protection order and tampered with a witness, a written order requiring Huber to appear in court, a clerk’s minute indicating Huber did not appear in court, and a bench warrant for his arrest. The state did not call any witnesses or otherwise attempt to show that the exhibits related to the same Wayne Huber who was purportedly present in court. After the state’s closing, the court denied the defense motion to dismiss for the state’s failure to prove identity, and the jury convicted Huber of the bail jump.

The Court of Appeals, in a unanimous decision, reversed the jury’s verdict and remanded the case with directions to dismiss with prejudice. The court’s decision reviewed the various ways the state could establish identity but noted in this case the state failed to satisfy its burden to establish that the documents it introduced were related to the same person who appeared at trial. The only “evidence” the state pointed to was defense counsel’s introduction of his client before jury selection started. Rightfully, the court held that counsel’s introduction was not sufficient because such remarks are not evidence. Concluding the evidence before the jury was insufficient to establish identity, the court reversed the conviction and remanded with directions to dismiss.

Clearly, this case highlights the state’s requirements to prove each and every element beyond a reasonable doubt, and, fortunately, “identity” is not one the state can overlook.

Categories

Success Stories

  • If he said he was going to do something he did it. He has integrity.

    “Wayne Fricke is a terrific lawyer who knows the law. The following are only several of many ways Mr. Fricke supported me during my time of crisis: 1. Explained the charges against me in a manner that ...”

    - Former Client
  • He always exceeds expectations.

    “Mr. Fricke has been our family lawyer for about 5 years. He has done an amazing job representing my family and I. He always exceeds expectations and informs us on everything going on.”

    - Jen
  • He, at no time, treated me as though I was guilty.

    “I was accused of domestic violence and need a Lawyer to defend me. Not knowing who to hire I started with Mr. K.W. This lawyer did not seem to believe in my innocence and I was looking at 3 to 5 ...”

    - Craig
  • Mr. Fricke had his office call me weekly for updates.

    “A few years ago, I was involved in a car accident. Due to my injuries, I hired an attorney who seemingly disappeared. I was in crisis after calling the court and finding out my case had been dismissed ...”

    - Sharyl
  • He is always honest and straight forward.

    “I hired Lance Hester to help me with 2 different legal matters. One was a felony criminal case and the other was a family law issue. In the felony criminal case this individual had everything to lose ...”

    - Former Client

Proven Results

  • Reduced Sentence Drug Crime
  • Case Dismissed Multiple Counts of Child Exploitation
  • Case Dismissed Domestic Violence
  • Four Felony Charges Dismissed Four Felony Counts
  • Reduced Sentence Drug Distribution
  • Vacated Conviction 4th Degree Assault
  • Case Dismissed Possession of Stolen Property
  • Two Restraining Orders Granted Anti-harassment Orders
  • Federal Court Success Federal Probation Violation
  • Case Dismissed Rape
/

Why Choose the Hester Law Group?

  • Accessible to Clients

    We understand the urgency clients have when they need an attorney. We are available  24/7 to help you.

  • We Truly Care

    We feel honored to help someone through the toughest time they will ever go through.

  • Personalized Approach

    At Hester Law Group, we use a personal approach that best suits the needs of our clients.

  • Unparalleled Experience

    We have been a successful team for two decades and have over 130 years of combined experience.

We're Available 24/7

Get Started on Your Defense Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.