Michael P. Brodsky Blog

DACA Decision – NODAPL FB Warrant

Special Guests. DACA recipient Jose-Manuel Carillo and Rosalinda Guillen, direct from WA AG Bob Ferguson’s press statement in Seattle. They talk about why DACA is important, and how the advocacy on the left might be getting it wrong. In a groundbreaking case,Whatcom...

read more

Firearms Rights Restoration

There are several ways a person can lose their right to possess a firearm and each has their own specific procedure for getting those rights reinstated. But the restoration of firearms rights is a complicated business with intricacies, caveats and exceptions too...

read more

New Jail in Whatcom County

Whatcom County has been wrangling about a new jail - including a failed proposition for a sales tax increase to fund. I thought it might be a good time to share a few thoughts from a criminal defense attorney’s perspective. First, on the larger issue of the need for a...

read more

Terminating Sex Offender Registration

Terminating sex offender registration requirement is an important step toward re-integrating a convicted sex offender back into society and and normalizing that person's life.  Particularly for those who made a mistake in their youth or even as an adult, removing this...

read more

Dealing with Extraditable Arrest Warrants

Q: I have an extraditable warrant in NY but live in WA. Could this be handled from WA? Is a federal public defender an option?: Its a felony drug warrant for possession. I have no prior drug charges. I am from and currently reside in Washington state. Michael’s...

read more

SOC: The Better Alternative to a Deferred Sentence

Last month, I wrote about deferred sentences and I why I don’t recommend them as an option to my clients seeking to resolve misdemeanor or gross misdemeanor charges without getting a criminal conviction on their record. Here I will discuss the alternative I prefer:...

read more

Why I Hate Deferred Sentences

RCW 3.66.067, Assessment of punishment--Suspension or deferral of sentence--Dismissal of charges, authorizes Courts of Limited Jurisdiction (District or Municipal courts) to “[a]fter a conviction . . . impose sentence by suspending all or a portion of the defendant's...

read more

Vacating Felony Convictions

Last month I wrote about how a person with misdemeanor criminal history can go about trying to clean up some of that undesirable past by vacating their misdemeanor and gross misdemeanor convictions. Cleaning up or vacating felony history is more complicated. But is it...

read more

Misdemeanor Criminal History

Anybody who has been convicted of a crime knows the detrimental effects of that conviction can linger long after the case has been resolved. These are what we in the law call the “collateral consequences” of having criminal history and they can range from the loss of...

read more

Should You Take the Roadside Field Sobriety Tests?

A  lot of my DUI clients tell me they agreed to to take the "voluntary" filed sobriety tests (FSTs) offered by the law enforcement officer because they wanted to appear "cooperative" or simply didn't understand that they had every right to decline to submit to those...

read more

Should I take the DUI Breath Test?

Lots of folks ask me if they should agree to take a breath test if they are arrested for a DUI. That used to be a pretty easy question to answer because the penalty for refusing – a two year license suspension with NO possibility of driving during the suspension – was...

read more

Minor in Possession

Minor in Possession or MIP Minor in Possession or MIP is shorthand for RCW 66.44.270, Furnishing liquor to minors–Possession, use–Penalties–Exhibition of effects, and it is probably the most commonly charged crime in the City of Bellingham, particularly when WWU is in...

read more

I am a Canadian citizen and I received a speeding ticket in Washington in 1991. Is there a statute of limitations on tickets? If not, how do I pay from BC? Will I get arrested if I travel to the United States?

Michael’s answer: Is there a statute of limitations on tickets?  Generally, unpaid tickets do not go away and they will suspend your driving privilege in Washington even if you don't have a Washington license. So if you are Canadian (or other), and drive into...

read more