Washington Legal Financial Obligations in Criminal Matters
Jan 23, 2023
Under Washington law, courts have the authority to impose legal financial obligations on criminal defendants during sentencing. Further, orders imposing such obligations may include income withholding...
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Getting that Pesky Dismissed or Vacated Charge off Your Record
Aug 18, 2012
That old charge that was dismissed or vacated still showing up on your record. Here is the argument to make:
Pursuant to State v. Breazeale, 144 Wn.2d 829, 31 P.3d 1155 (2001) and State v. Riley, 143 ...
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Constructive Possession and Unwitting Possession
Feb 01, 2012
When law enforcement stops you in a vehicle you are presumed to have "dominion and control" over everything contained in the vehicle. This is a "rebuttable presumption" meaning the defense can put on e...
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Were You Read Your Rights?
Jan 11, 2012
Police cannot manipulate the invocation of Miranda rights by simply delaying the time of formal arrest.[1] In order to trigger Miranda protections, the suspect must be taken into custody or otherwise b...
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So You Admitted You were Driving
Jan 06, 2012
Perhaps you were in an accident or had just parked your vehicle. For whatever reason, you are no longer in the vehicle when law enforcement arrives. When asked you admit you were driving or perhaps gi...
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Do You Need to Intend a DUI?
Dec 31, 2011
This is taken from a legal brief I submitted to the City of Seattle in 2010.
At common law it was said that to constitute a crime against human laws, there must be, first, a vitious will; and, secondl...
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Stopped for Lane Travel
Dec 30, 2011
Any stop of an automobile by the police is a seizure under both state and federal constitutional analysis. State v. Ladson, 138 Wn. 2d 343, 350, (1999) citing Wash. Const. Art. I, 7; U.S. Const. Amend...
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Field Sobriety Tests for DUIs
Dec 29, 2011
There are only three validly tested and nationally certified field sobriety tests (FSTs). The Horizontal Gaze Nystagmus, the Walk and Turn and the One Leg Stand. These tests, properly administered and ...
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How to Get the No Contact Order Dropped
Dec 26, 2011
A surprising number of people approach me for information on how to get a NCO dropped. There are two aspects to the answer. One is procedural and the other informational. That is to say, what is the ac...
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Top Ten Responses to Being Interrogated by Law Enforcement
Dec 22, 2011
"The Man" (be he/she man or woman) is towering over you. "He" dedicates half of hisday to working out and combat training. He's wearing armor and has: 1) handcuffs, 2) Mace Spray, 3) a taser, 4) a poli...
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