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 imposed to prevent contact between the protected party (the petitioner or victim) and the restrained party (respondent or defendant). When […]
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 Federal context. RCW 9.41.040 lists three ways that a person can […]
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 the charge and was therefore, overbroad and insufficient. Mens rea, or “guilty […]
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 the offence. What is Domestic Violence? This subject is actually a lot […]
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 the most common problems are Canadian […]
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 reduced charge or dismissed altogether? That’s […]
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 numerous to fully outline is this post. Revised Code of Washington (RCW) 9.41.040 […]
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 for a new jail, I used […]
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: SOCs. A ‘stipulated order of continuance’ (SOC) also referred to variously […]
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 sentence or by deferring the sentence of the defendant and may place the defendant on probation for […]