Washington Legal Defense
Free Consultation
Conditions Of Release Get 150+ Years of Combined Litigation Experience on Your Side
Hester Law Group

Conditions of Release

As we all know, the first formal step in representing an individual is the arraignment and bail hearing. Recently, Division II Court of Appeals focused on CrR 3.2 to assist trial courts in determining what can and cannot be imposed on the accused.

In State v. Rose, 2008 Wn.App. Lexis 2119, the court reviewed conditions of release involving three defendants and held that an order imposing weekly U/A’s as a standard condition of pre-trial release is inappropriate. As we all know, CrR 3.2 sets forth the framework for the court to consider for purposes of setting pre-trial release conditions. Rose follows on the heels of Butler v. Kato, 137 Wn.App. 515, 154 P.3d 259 (2007), a Division I case, that held that a trial court did not have the authority to impose conditions of release that required a defendant charged with DUI to undergo an alcohol evaluation and comply with treatment recommendations. In Butler, the court held that the requirements were not only unauthorized by the court rule, but also unconstitutional.

In Rose, a comparable situation occurred when the trial court required a standard condition of weekly U/A’s. Defense counsel argued that, at a minimum, such condition was inappropriate pursuant to CrR 3.2 and that weekly U/A’s constituted an unconstitutional search.

The Court of Appeals’ analysis started with CrR 3.2(a) which presumes an individual’s release in non-capital cases. If the trial court determines that the accused is not likely to appear if released on personal recognizance, the Court “shall” impose the least restrictive conditions that will reasonably assure that the individual will appear for later court dates. The Court then went through each defendant’s situation to determine whether the U/A requirement condition was appropriate and whether it had any relationship to the individual’s likelihood to appear. Finding that the U/A requirement did not have any relationship to failures to appear, the Court struck down the condition. The Court also noted that under the “substantial danger” provision requiring U/A’s was not an appropriate release condition.

The Court also reviewed whether mandating U/A’s caused any Fourth Amendment concerns regarding unreasonable searches. The Court found that no exception to the warrant requirement existed to suggest that U/A’s would be appropriate because there is no showing that drug use, or potential drug use, would likely cause an individual to fail to appear. As such, the U/A’s were stricken as inappropriate conditions of release under this analysis as well.

The significance of Rose and Butler is that cases require more than a prosecutor’s argument that conditions that have been imposed in the past are appropriate for each defendant who comes before the court. Rather, the rule, and decisions interpreting the rule requires a nexus between what is requested by the State and the factors set forth within CrR 3.2 to ensure an individual’s appearance in court. Per both the rule and case law, only when the State overcomes the presumption of release on personal recognizance are conditions warranted, and those conditions are to be the least restrictive in order to assure the accused’s return and to satisfy any community safety issues.

So, when reviewing conditions of release with the court, be certain to address the factors set forth within CrR 3.2 so that your client can, indeed, be released on the least restrictive conditions.

Categories
  • Washington Association for Justice
  • 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
/

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
/

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.