Washington State Criminal Defense: Criminal Law

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Washington State Criminal Defense

A look at legal topics and news in Washington State.
By Aaron A. Pelley, Esq.

Post Frequency: 1.5/day

Last Entry: November 10, 2009 at 21:33:49

Services to Residents Without Citizenship Protected

Posted on November 10, 2009
King County codified a new ordinance to protect against racial profiling of those people without citizenship seeking public services. The decision was inspired by a policy in the King County Sheriff’s Department. Congratulations to Council members Gossett, Dow Constantine, Bob Ferguson, Julia Patterson and Larry Phillips for standing up for the right thing...

Meet the (potential) new boss?

Posted on October 13, 2009
Great. Graffiti is the new priority. Really? Do we really think non-violent crimes should be THE priority? This scourge of destruction that covers our city streets and has been multiplying like locusts of biblical proportions. That is where we can count on tax dollars to go...

Lynnwood DUI Lawyer

Posted on October 01, 2009
Jonathan Dichter is the Managing Partner at Dichter Law firm and he is one of the brightest and talented lawyers in Snohomish County. I have had the honor to know him for a number of years as a fellow lawyer and relied on his advice for several matters...

Collateral Consequences

Posted on September 28, 2009
One of the things you should consider when you are dealing with a DUI case is the collateral consequence of a plea. Many times DUI lawyers will discuss the licensing, insurance and financial matters. However, it is important that you also consider the travel consequences...

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Kirkland DUI Lawyer

Posted on September 25, 2009
This summer Kirkland DUI lawyer Karlie Valdez and defense attorney Sean Malcolm joined forces to form a new law firm located at Carillon Point in Kirkland. Valdez Malcolm PLLC provides quality legal representation without the big firm price tag. So far, the duo have been getting great results for DUI clients on the [...

DNA Science

Posted on August 18, 2009
Once you bring in the CSI guys it isn’t about morals or right and wrong. Once you have those cool lights, microscopes, and q-tip swabs you follow the evidence to were it leads you. It is just science. Right? I mean nobody can fake that kind of evidence, right?

Restoration of Voting Rights in Washington State

Posted on August 06, 2009
Thanks to the hard work of a number of individuals, and with the tireless pursuit by the Washington ACLU, restoration of voting rights becomes an automatic mechanism, no longer requiring the person to petition the court for restoration. Navigation of courts can be intimidating and complicated...

Photo Enforcement Ticket in Washington?

Posted on June 18, 2009
The Rosen Law Firm is filing a lawsuit against many Washington cities as well as the companies that operate red light and speed zone cameras in Washington. If you have paid for a photo enforcement ticket in Washington, they may be interested in representing you and trying to get your money back...

Breaks on Old Tickets?

Posted on May 10, 2009
Seattle Times posted this article saying the city was giving breaks on outstanding tickets and court fines. “Failure to pay citations can trigger a hold on licenses and prevent them from being renewed. The state Administrative Office of the Courts says the state has 1...

US Police Misconduct Reports

Posted on May 10, 2009
The tireless at Injustice in Seattle continue to toil. In addition to the outstanding blog covering police misconduct nationwide, Injustice is now doing a twitter feed (@Injust_Seattle). The feed is also found in this google map. Keep up the great work.

Law Enforcement Against Prohibition

Posted on April 14, 2009

Hand Gestures and Disorderly Conduct

Posted on April 07, 2009
Legal Blog Watch reported on this case, that sets forth that flipping the bird (to an undercover cop!) is free speech. The court decided that the gesture was an expression of frustration and was neither obscene or fighting words.

Spain investigates what America should

Posted on April 07, 2009
� From Marjorie Cohn of the�San Francisco Chronicle A Spanish court has initiated criminal proceedings against six former officials of the Bush administration. John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes and Douglas Feith may face charges in Spain for authorizing torture at Guant�namo Bay ...

Speaking of Texas

Posted on March 23, 2009
Another favorite Blogger, Gideon, a Connecticut Public Defender, drops this bit of dark news from the land of Texas. What is insane in Texas?

Blog Star Bennett Makes a Live Appearance on Reasonable Doubt

Posted on March 13, 2009
Reading Mr. Bennett’s blog, Defending People.

Test for This

Posted on March 09, 2009

Local Hero Rick Steves is Profiled

Posted on February 11, 2009
Katherin Ganter profiles Rick Steves in the Kirkland Obsrever. You can read the full article�here. The PBS travel writer has gone out of his way to squash the convention that one person can’t make a difference. Mr. Steves has financed a television program and continues to do speaking engagements to inspire conversation about marijuana laws [...

Expect Delays on IID

Posted on January 26, 2009
Seattle DUI lawyer�Kotlowski wrote an�article�today regarding the new IID laws. Sounds like there is a pile-up at the DOL.�

The New Ignition Interlock Device (IID) Law

Posted on January 08, 2009
From DOL: To be eligible for this license: ? your drive record must show that: ? you have been arrested for, or convicted of, an alcohol-related DUI or physical control. ? your driver license was valid on the date of conviction or before the date of any suspension/revocation...

RIAA Takes a Break From the Joys of Suing Women and Children

Posted on December 23, 2008
Not exactly a criminal defense matter. These cases were dealt with on the “civil” end of the law. Still, the RIAA made innocent people feel like criminals.�”…it created a public-relations disaster for the industry, whose lawsuits targeted, among others, several single mothers, a dead person and a 13-year-old girl...

PI Examines Police Unit

Posted on March 01, 2008
Anti-Crime Team has a tough reputation -- maybe too tough says Seattle PI in this article by Eric Nalder, Ambreen Ali, and Marsha Milroy.

One in Ninety Nine

Posted on February 28, 2008
Are now behind bars.

Kirkland DUI

Posted on February 21, 2008
According to this PI article, Kirkland is the number one place (per capita) to get a DUI in King County.

Head of the Crime Lab Step Down

Posted on February 18, 2008
The head of the state labs that test crime evidence is stepping down, a move that prosecutors and defense lawyers say could help bring back lost confidence in the way drunken-driving cases are handled around the state.Barry Logan's resignation, effective March 14, comes after a series of problems at the Washington State Patrol toxicology lab have cast doubts on breath tests for suspected drunken drivers...

Another DUI Bill Dies

Posted on February 17, 2008
DUI bill dies, no doubt from embarrassment:Finally, common sense prevails in dealing with the state's laws on driving under the influence of liquor and drugs.A bill steeped in election-year, get-tough-on-crime grandstanding has quietly gone to the burial ground for bad bills in the state Legislature...

Furthering The Scarlet Letter of DUI

Posted on February 12, 2008
Under the current statutes it is already impossible to remove a DUI from your record by seeking a Vacation of Conviction. Now Washington State seeks to further punish those convicted of DUI.Drunk drivers in Washington state could soon have their own Scarlet Letter in the form of a fluorescent yellow license plate...

Roadblocks

Posted on February 10, 2008
Roadblocks are put to a rest in Washington Legislature. For now. Read the full article in Seattle Times.

This Week in Criminal Defense

Posted on February 03, 2008
It has been a very busy week in Washington. On Tuesday, the Mayor?s panel provided 29 recommendations on how to make Seattle police more accountable in cases of alleged misconduct. The Seattle Police embraced the new policy proposals with open arms.....

Toxicology Lab Decision

Posted on January 30, 2008
A number of attorneys are working very hard on the toxicology lab case. These attorneys have devoted hundreds of hours and thousands of dollars. Today these attorneys rightfully obtained another win. King County East Division ruled in favor of the motion to suppress regarding the toxicology lab...

Bill to Establish Prison Oversight

Posted on January 28, 2008
The AP reported today that Senator Kastama of Puyallup has sponsored a bill to establish an independent agency that would investigate claims of prisoners. Not surprisingly, Department of Corrections Secretary Eldon Vail opposes the bill setting forth that the Department of Corrections has its own oversight system in place that adequately handles the complaints on inmates...

Strippergate Comes to a Close

Posted on January 24, 2008
The long civil and criminal battle between club owners, the Colacurcio's, and the State appears to be reaching a resolution.In court Thursday, Seattle strip club owner Frank Colacurcio Junior pleaded guilty to a felony charge. He was sentenced to a $10,000 fine, but no jail time under a plea deal that resolves his part in the case that once rocked City Hall...

Snohomish Prosecutor's Office Stands by Previous 3 Strikes Convictions

Posted on January 24, 2008
Seattle Weekly reporter and blogger provided the following on the Seattle Weekly Blog:Contrary to rumor, Snohomish County Prosecutor Janice Ellis is not digging into her office?s old three-strikes case files, as King County Prosecutor Dan Satterberg is doing...

Prince of Pot Reaches Deal With Prosecutor

Posted on January 16, 2008
In local news, Marc Emery, the proclaimed "Prince of Pot" made a plea deal that allows him to serve a five year prison sentence in a Canadian prison. From the Seattle Weekly's Rick Anderson:Emery...was willing to fight the charges on principal, but said the deal is designed to help two co-accused avoid lengthy sentences in a U...

Prosecutor Drops Case Against McIver

Posted on January 15, 2008
Seattle Weekly blog posted today.

Another Exoneration Based on DNA Evidence

Posted on January 11, 2008
View Rick Anderson's full article in the Seattle Weekly here.

Gov. Gregoire Supports Sobriety Checkpoints

Posted on January 08, 2008
From the Seattle Weekly article by Mike Seely:Governor Christine Gregoire has announced her support for legislation that would allow highway patrolman to start setting up sobriety checkpoints on Washington State roads, despite years of legal precedent pointing to their unconstitutionality...

What Makes a Jury Fair?

Posted on January 06, 2008
The Court recently overturned a rule allowing juries based purely on geography."Efficiency and convenience should not be the sole consideration when determining whether individuals are being provided a random and proportional jury pool...such a provision is a cherished right, not to be taken lightly...

Seattle: Is a Red Light Camera Coming to Your Neighborhood?

Posted on January 03, 2008
See the announcement from Nickles here.

Exploring the Consequence of Returning Prisoners to Their County of Origin

Posted on January 02, 2008
One of Washington State's most insightful investigative reporters explores a state law that is keeping families apart, even after a convict is released. Read Nina Shapiro's full article in the Seattle Weekly here.

Drug case dismissed; defendant framed by informant

Posted on December 24, 2007
People do get framed. And informants do lie to the police. And yes, the police can be wrong. The full article by Mike Carter can be found here.Federal prosecutors have dismissed a felony drug indictment against a Cowlitz County man and have exposed an audacious undercover informant who had framed the man right beneath the noses of drug agents...

Seattle Police Dept. in Court Over Alleged Misconduct

Posted on December 18, 2007
Read Jonah Spangenthal-Lee's full article here.

Recording a Police Interrogation

Posted on December 08, 2007
NEW YORK (AP) -- A teenage suspect who secretly recorded his interrogation on an MP3 player has landed a veteran detective in the middle of perjury charges, authorities said Thursday.Unaware of the recording, Detective Christopher Perino testified in April that the suspect "wasn't questioned" about a shooting in the Bronx, a criminal complaint said...

New Changes In Sight

Posted on December 07, 2007
Rick Anderson's Blog post can be found here. As you can read below, it appears that there is a dissonance between what should be done, what can be done and what will be done. That King County Council committee hearing yesterday was a start, at least, in making sure jail administrators and executive Ron Sims finally make changes at the downtown lockup...

New Traffic Laws for 2008

Posted on December 07, 2007
If you have been on the fence about purchasing one of those fancy blue tooth devices for your cell phone, the new traffic laws should help inspire you. Need a great New Years resolution? How about, I will not text while driving.Under the new laws, a driver who performs text messaging or talks on a cell phone without a hands-free device could face a $101 ticket...

Prosecutor Pushes McIver Case Forward

Posted on December 05, 2007
Full Article by Aimee Curl from the Seattle Weekly can be found here.Prosecutors today won a motion to require Marlaina Kiner-McIver to give a deposition in the domestic violence case against her husband, Council member Richard McIver. District Court Judge Linda Thompson also moved McIver?s trial, which had been scheduled to begin Monday, to January 14 to give time for the deposition to take place...

Washington's enhanced driver's license attracting int'l attention

Posted on November 30, 2007
You can read the full article by Glenn Farley at KING5 News here.SEATTLE - Hand wringing over more stringent requirements at the border between Washington and British Columbia has now attracted attention of border states and provinces around North America...

Hague's breath test won't be in trial

Posted on November 29, 2007
Read Gregory Roberts full article in the Seattle PI here. The drunken-driving trial of King County Councilwoman Jane Hague has been scheduled for February -- but breath-test results from her arrest can't be used as evidence against her, a judge decided Wednesday...

Are WSP Troopers filling ticket quotas?

Posted on November 29, 2007
Courtesy of King 5 News. Click here for full story.

Department of Justice finds "life-threatening" medical problems at King County Jail

Posted on November 21, 2007
Seattle Times reporter Mike Carter has provided the following article. You can find the full DOJ's Civil Rights Division's 27 page report in PDF format here.

Crime Labs: An Arm of Law Enforcement

Posted on November 19, 2007
Criminal defense law often puts the attorney at odds with a scientist. This is not a good match-up. Lawyers are seen as advocates for their clients. Scientist are perceived as unbiased seekers of truth. As we know, this is not always the case. Seattle criminal defense attorneys are dealing with this issue in DUI cases that involve the Gordon-Crime Lab scandal...

Support for the Jailed Lawyers and Judges

Posted on November 13, 2007
Please join fellow lawyers TOMORROW at 11:45 a.m. in downtown Seattle to show your support for the jailed lawyers and judges in Pakistan and The Rule of Law. It is very unusual for lawyers to be ?called into action? in our country. This is one of those rare requests...

Interesting Times in DUI (Continued)

Posted on November 13, 2007
The Tox lab saga continues. The King County Prosecutor's office has decided not to prosecute Ms. Gordon. The full article of Tracy Johnson is posted below:The Seattle Post Intelligencerupdated 1:14 a.m. AKT, Sat., Nov. 10, 2007King County prosecutors have decided not to file perjury charges against the state toxicology lab's former manager, who was accused of swearing that she'd performed dozens of tests when she hadn't...

Vote

Posted on November 06, 2007
Today is election day for a number of Propositions, State Measures and Local Races. Let your voice be heard.Voter informationPolls open: 7 a.m. to 8 p.m.Take ID: You'll need identification to vote at the polls ? a driver's license, for example, voter-registration card, student ID card, paycheck, bank statement or utility bill...

Domestic Violence and No-Contact Orders

Posted on November 01, 2007
Nina Shapiro, a reporter at Seattle Weekly has written a very insightful article regarding domestic violence at Seattle Municipal Courts. Ms. Shapiro has consistently examined numerous areas of the Washington State Judicial system with a careful eye. Having dealt with Domestic Violence cases in our practice, this was a look at some of the issues that are rarely raised in a public forum, given the emotionally charged nature of these cases...

Interesting Times in DUI (Continued)

Posted on October 24, 2007
The Skagit County case regarding the toxicology lab issues has come to a close. The results are disappointing. The article by the Seattle PI provided the following:Tuesday, the judges found that Gordon and Formoso's actions amounted to governmental misconduct and that there was evidence that Logan's "action or inaction" did as well...

The Canadian Border and Criminal Convictions (Part 3 - Rehabilitation)

Posted on October 17, 2007
There are three ways to enter Canada if you have a criminal conviction: Deemed Rehabilitation, Streamlined Rehabilitation and Approval Rehabilitation. As most posts on this site, this is an overview. Each case has its own special set of circumstances...

Interesting Times in DUI (continued)

Posted on October 13, 2007
The Ann Marie Gordon/Toxicology lab issue continues to heat up. An interesting article is posted on King 5 news summarizing a recent hearing in Skagit County District Court. As the article notes, this hearing will likely impact how the arguments are heard in other counties.

The Canadian Border and Criminal Convictions (Part 2 - What Keeps Me Out)

Posted on October 04, 2007
Since 9/11 more people are experiencing difficulty crossing the border into Canada. This new found enthusiasm to prevent certain "members of inadmissible classes" from entering Canada has always been in place. However, only since 9/11 have we seen this level of enforcement...