Michael P. Brodsky Blog

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...

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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...

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Charges for Domestic Violence Penalties

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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:...

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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...

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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...

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