Michael P. Brodsky Blog
No Contact Orders – How to Navigate them and Avoid Getting Charged with a Violation
So, you’re the restrained person in a no-contact order. How do you avoid getting charged with violating it? No contact orders mostly come in two flavors: Domestic violence (DVPOs) and anti-harassment orders (AHOs). They are...
Firearm Restoration
Restoring firearms is a complicated, intricate business with exceptions that almost outnumber the rule. Not only is the process complicated, but it differs for state and federal law, meaning you might be able to restore rights in your state, but are stymied in the...
State v. Blake and What it Means
In 2021, the Washington State Supreme Court ruled that the current language in RCW 69.50.4103 was unconstitutional and would no longer be sufficient as grounds for conviction. The possession of a controlled substance (PCS) statute did not have an adequate mens rea to...
Charges for Domestic Violence Penalties
Charges for Domestic Violence Penalties Domestic violence is one offence that is now strongly frowned at the world over. Both state and federal laws have been put in place to ensure that victims are protected and perpetrators prosecuted to a measure commensurate to...
DUI in 2019? Get your DoL Hearing Request in ASAP!
DUIs are always complicated, difficult and expensive and, of course, the best advice is DON'T GET ONE! There is no Uber, taxi or hotel room as expensive as a DUI. But, thanks to the Washington Department of Licensing (DOL), its about to get a little more...
Canadians Charged with Driving While License Suspended in the 3rd Degree
Being located close to the Canadian border, I get a lot of calls from Canadians who have somehow run afoul of the law down here in the States. Many Canadians are surprised at how vigorously some laws are enforced and how ubiquitous law enforcement is here. But one of...
Miranda Warnings
Hey! They Didn’t Read me my Rights! As a criminal defense attorney, I hear that a lot. And sometimes it’s really important. Other times, not so much. I’ll explain. The Constitutional Rights that should be read to every arrestee, the ones we’ve all heard read on cop...
No New Jail Tax 2017
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...
Administrative Licensing Hearings with the Department of Licensing (DoL)
Most folks know that when they get charged with a DUI they could end up with their driving privilege suspended if they are convicted or plead guilty. But did you know that you could have your privilege to drive suspended even if your criminal case is resolved with a...
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...
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 it. 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...
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...
The Bellingham Herald – Jury finds driver not guilty in deaths of two Ferndale teens
Continue reading article from Bellingham Herald May 4, 2016 by Caleb Hutton
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...
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:...
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...
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...
