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Experts Love This One

Hats off to the Supremes. Our Honorable Supreme Court unanimously held in State v. Rodin Punsalan, Washington Supreme Court Docket No. 77490-1 filed May 4, 2006, that the state is obliged to fund the expense of expert assistance to an indigent defendant even though his defense counsel is a privately retained attorney.

The trial judge had decided that CrR 3.1 (f) does not entitle indigent criminal defendants represented by private counsel to necessary expert assistance. On appeal the Court of Appeals, Division I, certified two such cases to the Supreme Court.

In each of the cases, a parent or parents of the defendant retained private counsel. One superior court judge held that the right under CrR 3.1(f) to expect help at public expense was forfeited by retaining private counsel. The second superior court judge on the second case made a similar ruling.

The Supreme Court said the plain language of the rule makes no distinction between appointed and private counsel and that the balance of the language can only be read to provide for expert assistance to an indigent defendant in the instance of being represented by appointed or retained counsel. The court also observed that there is little opportunity for abuse because the trial court is going to evaluate a request for necessity and reasonableness.

This decision makes the playing field a little less of an uphill climb.

Categories
  • Washington Association for Justice
  • The National Trial Lawyers Top 100
  • Tacoma-Pierce County Bar Association
  • American Board of Trial Advocates
  • American Association for Justice
  • Washington State Bar Association
  • Avvo 10.0 Rating

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
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Proven Results

  • Reduced Sentence Drug Crime
  • 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
  • Life Sentence Avoided Federal Criminal Sex Charges
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Why Choose the Hester Law Group?

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

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

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

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