Publications

3 Reasons to Exercise Your Right to Remain Silent

We have seen it time and again, clients come to us after they have talked to the police.  Each client had good intentions in speaking with the police; they thought it would help their case. Maybe the officer said “If you confess now, we’ll...

August 2018

3 Things to Do Immediately After A DUI Charge

If you’ve been charged with a DUI, whether it’s your first charge, your fifth charge, or somewhere in between, you need to hire an attorney. A DUI conviction can affect your freedom and livelihood. It could result in the loss, or at least temporary...

August 2018

3 Unexpected Consequences of a Domestic Violence Conviction

Before you decide to plea to a domestic violence charge, or decide to represent yourself in your case, be aware that there are unexpected consequences that come along with a conviction. These collateral consequences can affect where you live, where you work and what...

June 2018

3 Unexpected Consequences of Sex Crime Convictions

If you are facing a criminal charge for any crime, you should be sure to talk extensively with an experienced defense attorney to understand more than just the sentence you will face. For many crimes, there are unexpected collateral consequences that can affect your...

June 2018

4 Questions to Ask Before Hiring a Criminal Defense Attorney

If you are facing a criminal charge, you need to take it seriously. Not only should you hire an attorney, but you should hire the right attorney for you and for your case. There’s more to hiring the right attorney than simply googling criminal...

July 2018

5 FAQ’s When You’ve Been Arrested

Getting arrested can be a chaotic, scary, and emotional time. Things can happen quickly and after the fact it can seem like a blur. Many of our clients come to us with questions after they’ve been arrested and today, we want to share those...

May 2018

A Deal is a Deal, Unless You are in a State Court

Recently, the Ninth Circuit upheld the dismissal of all charges pursuant to a plea agreement after the defendant moved to dismiss the charge to which he had pleaded guilty. As part of the plea agreement, the Government dismissed a general conspiracy charge con- tained within the indictment . See United States v. Transfiguracion, No. 04-10457 (Ninth Cir. April 5, 2006).

By Wayne Fricke, May 2006

A Red Herring - Or Worse

The United States Supreme Court recently decided another case in what appears to be an evolving attack on the exclusionary rule under the Fourth Amendment to the United States Constitution. In Herring v. United States, 129 Supreme Court 695, 172 Legal Ed 2nd 496 (2009) the court affirmed, in a 5-4 decision, an 11th Circuit decision upholding a district court’s failure to suppress evidence under the exclusionary rule.

By Wayne Fricke, February 2011

A Request Unheeded

Recently, we were successful in having a first degree arson case dismissed for failure to prosecute after a five-year delay. Our client was arrested at the scene of a fire that destroyed a hotel under construction, resulting in over a million dollars of damage. Several witnesses identified our client at the scene and heard him exclaiming, “Burn, baby, burn".

By Wayne Fricke, January 2005

Aggravatingly Ineffective: Supremes Say Counsel Must Investigate and Mitigate

In the June 20, 2005, decision of the US Supreme Court, Justice Souter penned law holding defense counsel is ineffective when it fails to investigate a defendant’s prior convic- tion files, medical and mental health records, and family information.

By Lance M. Hester, July 2005

Alford Stops Estoppel

Wayne Baines was initially charged in Pierce County with one count of first degree rape with a firearm enhancement based on allegations that he had raped an allegedly blind woman who was under his care.

By Wayne Fricke, July 2004

Always Check the Statute

A competent lawyer might think that, because it’s almost 2012, he or she can rely on the constitutionality of Washington statutes and municipal codes – especially ones that have been around for a long time.

By Casey Arbenz, January 2011

An Arrow for the Quiver

If a foreign national from almost any country is arrested and/or charged with a crime by State or Federal authorities, one or both of two treaties may come into play. One is the Vienna Convention on Consular Relations (VCCR) and the other is the Mutual Legal Assistance Treaty.

By Monte Hester, December 2007

Andress Retroactive Application

As many of you recall, the Washington State Supreme Court, in In Re Andress, 147 Wn.2d 602, 56 P.3d 981 (2002), held that assault could not be a predicate felony for second de- gree felony murder.

By Brett Purtzer, January 2005

Attorney - Client Privilege vs. Ineffective Assistance of Counsel

Whenever a client loses in trial, and an appeal is filed, one of the issues frequently raised is ineffective assistance of counsel.

By Brett Purtzer, March 2004

Attorney Casey Arbenz Works to Improve Federal Sentencing Advocacy

Attorney Casey Arbenz is passionate about defending his clients and obtaining the best outcomes possible. Often times, this means dealing with Federal Sentencing Guidelines and knowing how to navigate them and advocate for a lower sentence.   While our first goal is to obtain a not...

March 2018

Attorney Lance Hester Advocates in his Personal Life Too

Hester Law Group attorney, Lance Hester, advocates daily for his clients and is as passionate in his free time advocating for a cause that he is passionate about helping those with Duchenne Muscular Dystrophy a genetic disorder characterized by progressive muscle degeneration and weakness.

March 2018

“Taylored” Testimony, Tailored Closing

A very recent case out of Division I holds that the following narrative during closing argument did not violate a defendant’s right to be present at trial: “(the defendant) had the opportunity to read this discovery for 18 months, that he had the op- portunity to hear what every witness said, and that he had the opportunity to tailor his story to fit the evidence after he heard it all.”

By Lance M. Hester, March 2002

Bad Prosecutor - Give it Up and Shut Up

In State v. McDonald, 29117-7-II (August 10, 2004) Division II of the Court of Appeals once again reversed a conviction because the state failed to provide to the defense discovery in its possession and made improper remarks during closing.

By Monte Hester, November 2004

Bail Able

Division III has recently held that courts ordering “cash only” bail violate CrR 3.2(a). See City of Yakima v. Mollett, No. 20548-7-III, Div. III (2003). For years attorneys and defen- dants have felt “cash only” bail is a violation of the court rule and the state constitution. Fi- nally, an attorney and defendant have been passionate enough about the cause that it has been brought before Division III.

By Lance M. Hester, April 2003

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