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 […]
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 complicated, or at least a little more rushed. That’s […]
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 shows on TV, are commonly known as “Miranda […]
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 Superior Court’s Judge Snyder has granted permission for WA State to access users […]
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 […]
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 ‘scarlet letter’ from your life is critical and, in most cases, very doable. And […]
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