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...
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...
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 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
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
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
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.
By Brett Purtzer, November 2008
The confrontation clause became a little more meaningful when the Supreme Court handed down its recent opinion in Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011).
By Lance Hester, January 2011
Maybe you’ve been charged with a crime, maybe you’ve been offered to have your charge reduced from a felony to a misdemeanor, or maybe you’re just curious – what are the differences between misdemeanors and felonies? There are major differences depending on the specific...
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.
By Monte Hester, May 2006
DUIs are a relatively common charge in Washington State. And unfortunately, we’ve learned that the general public does not have all of the knowledge when it comes to DUI laws. It can be much more complex than simply driving while intoxicated. The good news?...
Recently, we filed a federal habeas petition on behalf of a client who was sentenced for money laundering to 57 months based on an offender score of 25. The base offender score was determined by cross-referencing §2D1.1 (offenses involving drugs) of the Sentencing Guidelines from §2S1.1 (money laundering provision).
By Lance M. Hester, November 2004
“Show Me The Money!” After judgment go straight to CR 62 and RAP 8.1 to determine when you can start executing. In the world of civil litigation it is rarely enough to simply win a lawsuit. Once judgment is entered it’s time for the attorneys to roll up their sleeves and be- gin the real work of getting everybody their compensation.
By Lance M. Hester, November 2004
At the state trial court level in Arizona, the defendant, who was charged with the murder of several monks in a mosque via execution style killing, asked the court to de- termine that his confession should be suppressed because of Miranda violations. He claimed that the Miranda warnings given were inadequate and that his confession was involuntary. The Ninth Circuit agreed with those claims.
By Monte Hester, May 2011
Effective September 1, 2006, the Rules for Professional Conduct (RPC) were substantially revised. Additionally, ongoing discussions continue surrounding RPC 1.5 relating to earned and flat fees.
By Brett Purtzer, December 2006
The Supreme Court’s revision of CrR 3.3 basically gutted the concept of a speedy trial with the myriad exceptions and cure provisions. But Division I recently held that a frequent reason for a continuance, prosecutor unavailability, did not warrant a continuance and dis- missed a DUI prosecution.
By Brett Purtzer, February 2008
When facing a federal criminal charge the best outcome is to have the case dismissed. The second best outcome is to be found not guilty by a jury. However, if someone is convicted of a federal charge, they will then be sentenced by the...
Our Supreme Court has recently handed down several opinions reversing serious cases because the prosecutor in the case committed misconduct. In several of the cases, the facts weighed heavily in favor of conviction, but the Court still found the conduct of the prosecutor to be so flagrant and ill-intentioned that reversal was required.
By Casey Arbenz, July 2015
Getting stopped by the police can be scary, even if you are doing nothing wrong. And even if you are doing nothing wrong, you could incriminate yourself without intending to do so. Remember, anything you say to the police can and will be used...
The Washington State Supreme Court recently held that, “jail personnel do have a duty to take steps to promptly release a detainee once they know or should know, based on infor- mation provided to them, that the person they are holding is not the person named in the arrest warrant.”
By Lance Hester, July 2004