All posts by admin

State v. Dingman: Trial Court Erred in Denying Defendant’s Discovery Requests

Constitutional Rights, Discovery, Due Process, felony, Forensics, Jury Trial, Pretrial Investigations, Search and Seizure, Theft, Washington Court of Appeals, , ,

What Is A Discovery Request? Texas Rules of Civil Procedure

In State v. Dingman, the WA Court of Appeals Court held the State is obligated to disclose all tangible objects in its possession which were obtained from or belonged to the defendant at the time of arrest.

Here, the authorities seized Mr. Dingman’s computers while investigating him for Theft and Money Laundering.  The State created mirror image copies of the computers’ hard drives using a program called EnCase.  Dingman asked for direct access to his computer.  The Court refused, and instead ordered copies be provided using Encase, a program the defense neither had not knew how to use.

Applying court rules/procedures, the WA Court of Appeals Court held the State is obligated to disclose all tangible objects in its possession which were obtained from or belonged to the defendant.  The computer hard drives were tangible objects obtained from the defendant.  Defense counsel should be allowed to examine the hard drives.  Therefore, it was error not to give the defense access to the hard drives.

My Opinion?  Great decision. Division II gave an excellent decision regarding the violation of a defendant’s right to review evidence. The defendant should ALWAYS have access to materials the prosecutor wants to use at trial.  Indeed, it’s a blatant violation of a defendant’s Constitutional rights to deny access.  Providing evidence to the other side is also, quite simply, a professional courtesy.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

Drug Courts Huge Success

Dismissal, Drug Court, Drug Offenses, felony, Jail, Probation, Sentencing, Studies, Whatcom County Criminal Defense, , ,
What You Need to Know About Drug Court and Addiction
A National Study found that Drug Courts are widely successful. Here’s a summary of the study’s findings:
RECIDIVISM

Graduates of drug courts are less likely to be rearrested than persons processed through traditional court mechanics. Findings from drug court evaluations show that participation in drug courts results in fewer rearrests and reconvictions, or longer periods between arrests.

COST SAVINGS

Nationwide, drug courts save taxpayer dollars compared to simple probation and/or incarceration, primarily due to reductions in arrests, case processing, jail occupancy and victimization costs. While not all persons diverted to drug court would have otherwise been sentenced to prison, for those individuals who are incarcerated, the average annual cost is estimated to be $23,000 per inmate, while the average annual cost of drug court participation is estimated to be $4,300 per person.

THE EFFECT OF SANCTIONS

The study showed that Drug Courts which reward/sanction all levels of good/bad behavior recognize there is value in incremental progress toward the goal of abstinence.

A participant who faithfully makes all court appearances and meets the obligations of the court may be rewarded with an acknowledgement of accomplishment.  On the other hand, developing a flexible, graduated sanction program is a crucial contributor to a successful drug court program, because even those who are eventually successful in drug court tend first to relapse, warrant, and violate other program rules.

The study concluded that sanctioning should be seen as an opportunity to adjust treatment to limit subsequent relapse, rather than the first step on the path to an eventual termination of drug court participation and a likely sentence to custody.

ROLE OF THE JUDGE

One of the unique aspects of the drug court model is the frequency with which judges interact with participants. The relationship is less formalistic than in traditional courtrooms and is individualized based on the judge’s supervision of an individual’s progress.  The goal is partnership, not sentencing. 
My opinion?  I’m a HUGE fan of drug court!  First, it’s a great negotiating alternative for my clients facing drug charges IF the prosecutor’s charges are fairly strong, evidence is unlikely to be suppressed, and a jury would probably find the offender guilty. 
Second, it’s impossible to treat drug addiction with jail or prison sentences.  Period.  Once released, the offender may likely continue using drugs.  Drug Court strikes at the root of the problem by addressing the drug addiction itself.  Finally, the program forces offenders to stay focused on treatment.  The State monitors treatment.  If offenders fail, they may face heavy consequences and get kicked out of Drug Court.
Drug Court should be implemented to a greater degree than it already is.  It presents a win/win situation for everyone: the public, courts, prosecutors, and ultimately the offender.
Please contact my office if you, a friend or family member face a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

Kitsap Jury Acquits Medical Marijuana Defendant

Constitutional Rights, Drug Offenses, Due Process, felony, Jury Trial, Legislation, marijuana, Privacy, Search Warrant, , ,

Pennsylvania MMJ Patients Face Choice: Cannabis or Guns? | Leafly

A medical marijuana patient being prosecuted in Kitsap County Superior Court for drug trafficking was found not guilty on Tuesday morning, after a jury ruled that his use of the drug was within the law.

The jury deliberated for approximately two hours prior to its ruling.

The prosecution alleged that the crop was being sold commercially, and that the Olsons were hiding behind medical marijuana laws as cover for a drug operation.

Defendant Bruce Olson decided to go to trial as the law had changed and he was advised that he had a better chance of acquittal.

The trial was attended by a floating group of medical marijuana activists, from patients to political activists. Several of them noted that it was rare for such cases to go to trial, as defendants usually enter a plea.

These activists filled the courtroom throughout the trial, with no visible support for the prosecution’s position.

Olson, who turns 55 on Wednesday, maintained a subdued manner throughout the trial, and barely talked when he was in the courtroom. This changed on Tuesday, when he was laughing and joking with his attorney prior to the verdict’s reading.

When it was announced Olson blurted “thank you, thank you you guys” to the jury, prompting Superior Court Judge Leila Mills to repeat her admonition to stay quiet until the jury was released.

“As a businessman I am really discouraged at all the money that was spent on this trial . . . It was a waste, and a lot of people who have seen the trial and are in business are wondering why I was prosecuted.” ~Defendant Bruce Olson

My opinion?  Great job, jury.  The government should not tamper in the affairs of defendants who are licensed to possess marijuana.  Period.   I welcome the day when marijuana will be legalized.  Let’s face it: the “War on Drugs” has failed.  Marijuana should not be demonized as a Gateway Drug.  Legalize it!

State v. Brooks: WA Court Rightfully Dismisses Criminal Charges Because Prosecution Withheld Evidence

Constitutional Rights, Discovery, Dismissal, Due Process, Evidence, felony, Jury Trial, Prosecutorial Misconduct, Washington Court of Appeals, , ,

Prosecutorial Misconduct / Mishaps In FCPA Cases - FCPA Professor

In State v. Brooks, the WA Court of Appeals dismissed a criminal case due to prosecutorial mismanagement and withholding  of evidence.

My opinion?  It’s about time!  The prosecutors, God bless ’em, usually have the upper hand with judges.   Typically, judges won’t sanction prosecutors or dismiss cases due to prosecutorial misconduct, mismanagement, or withholding of evidence (trust me, I’ve tried).

This opinion opens the door for judges to exercise more discretion in dismissing poorly managed cases.  In this case, the prosecutor withheld a a 60-page victim statement from the defense until the day of trial.   Unbelievable!

Imagine this: your attorney has geared up for trial.  They agonizingly prepped the case from start to finish.  Attorney has their theme, theory, motions in limine, opening statement, closing statement, voir dire questions, direct exam questions, and cross exam questions fully prepared before entering the court.  All of the sudden, prosecutor plops a huge pamphlet of papers in front of defense attorney’s face.

“Sorry you have no time to review this new statement, but go ahead and cross examine my witness on this.”  Unbelievable.  We have no idea what the statement contains.  If admitted to evidence, this unread statement could, by itself, utterly throw your case theory out the window.

The Court of Appeals has boldly decided these “Hide the Ball” shenanigans are going to get cases dismissed.  That governmental mismanagement materially affects a defendant’s right to a fair trial.  Good.  I understand that prosecutors work hard.  Their caseloads are huge.  But hey, let’s be real, people’s lives and liberty are at stake.  Constitutional rights are at risk.  Consequently, cases should be dismissed when poorly handled and/or mismanaged.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Retired Judge Says It Is Time To End War On Marijuana

Bellingham, Bellingham Defense Attorney, Drug Offenses, felony, marijuana, Race & Law, Studies, Whatcom County Criminal Defense, , ,

The Death Penalty in Washington State

Here’s an excerpt of on Op-Ed by retired Whatcom County Superior Court Judge David A. Nichols:

“It is my fervent belief that this state and nation must come to recognize that continuing to treat drug users as criminals perpetuates an evil that rewards the drug sellers and corrupts our society. Until we honestly and appropriately deal with the entire drug issue as a health problem analogous to tobacco or liquor, and not as a ‘war’ we cannot win, we will continue to reap the whirlwind of huge world-wide illegal drug profits which are costing us billions, threatening the stability of nations, causing soaring crime rates and diverting money which is sorely needed elsewhere.” ~ Judge David A. Nichols

Judge Nichols also says that if we ever want to stop the craziness and futility of our present anti-drug approach, we must de-criminalize possession and use of all drugs. Education, addiction treatment and state regulation need to replace arrests, trials, jail sentences, growth of cartels and drug gangs, corrupt government institutions, and the mindless head-bashing against brick walls that characterize what we are doing now.

My opinion?  Way to tell the truth, Judge!

Please contact my office if you, a friend or family member face a Drug Offense or any other crimes. Hiring an effective and competent defense attorney is the first and best step toward justice.

Decades of Disparity: Drug Arrests and Race in the United States

Constitutional Rights, Drug Offenses, Due Process, felony, Jail, law enforcement, marijuana, misdemeanor, police, Privacy, Race & Law, Search and Seizure, Search Warrant, Sentencing, Studies, , ,

The War on Drugs: Race, Class, Colonialism and the Politics of Pleasures – Culture, Power and Politics

New drug arrest data shows the persistence and extent of racial disparities in the “War on Drugs” in the United States.

The report indicates dramatic racial disproportions among incarcerated drug offenders.  It states, “Since blacks are more likely to be arrested than whites on drug charges, they are more likely to acquire the convictions that ultimately lead to higher rates of incarceration.” The report also shows that although data indicates that blacks represent about one-third of drug arrests, they constitute 46 percent of persons convicted of drug felonies in state courts.

Among black defendants convicted of drug offenses, 71 percent received sentences to incarceration in contrast to 63 percent of convicted white drug offenders.

My opinion?  The “War on Drugs” should rename itself as the  “War on Race.”  The data speaks for itself.

End the War on Drugs.  Legalize marijuana.  Stop institutional racism.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Defendants Could Be Free From Probation

Court Fines, Domestic Violence, Drug Offenses, Legislation, misdemeanor, Probation, , ,

Finally Free!!! 🦅 been a long time comin, can't even believe they approved my early release paperwork, but I did it! Time to fly baby! 🦅 : probation

Lawmakers, facing an $8 billion budget deficit, are looking for ways to save money.

Senate Bill 5288, which would lower the number of criminal offenders on parole or probation, reflects suggestions made by the governor to reduce the growing budget deficit by making cuts in the Corrections Department.

Interestingly enough, police gurus support the bill “with some discomfort,” but feel that if the Legislature must make cuts in the Department of Corrections, supervision of low- to moderate-risk offenders would be the right place.

The bill would totally eliminate supervision of low- and moderate-risk offenders unless they were convicted of a violent offense, a crime against a person, or ordered to chemical dependency treatment.

Their supervision would be terminated after six months if they have not reoffended.  However, those offenders categorized as high risk, or low to moderate risk convicted of a sex offense, would still be supervised.

Under the current wording of the bill, gross misdemeanants would not be supervised by parole or probation.  The cost-savings would ultimately mean a big job loss for probation officers.

My opinion?  Pass the legislation!  For the most part, my clients are hardworking; law abiding citizens facing criminal charges from an isolated event or circumstance.  All of the sudden, they get labelled as criminals.  The system painfully grinds them through a process which threatens to take their time, money, dignity, energy, and reputation.

For many of my clients, probation is an unnecessary evil.  Understand this:  in Whatcom County, a first-time DUI offender and/or Domestic Violence offender faces up to TWO YEARS of probation at a cost of $75-$100 per month.  Do the math.  That’s $900 – $1200 per year.   This cost, along with the cost of mandatory treatment, jail, and fines, clearly skyrockets the cost of doing justice.

And for what?  Why?  Is it because the police sometimes violate your Constitutional rights when they pull you over and investigate you for DUI?  Or is it because the police MUST arrest someone in the wake of a heated argument between spouses?  An argument where, in most cases, the victim does not want to pursue prosecution and wants the charges dropped?

“Alex, please do something to get me off probation or decrease the amount of time I’m on it.”  These words are uttered by many clients who want to avoid trial and negotiate a favorable resolution with the prosecutor.  They hire me to get justice.

The legislature is finally realizing probation is unnecessary in many circumstances.  Either that, or they’re realizing probation is expensive in roughshod economic times.  In any event, let’s all realize the obvious and pass this legislation.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Increased Numbers On Parole & Probation in WA

Court Fines, Probation, , ,

1,032 Probation Stock Photos, Pictures & Royalty-Free Images

Washington ranks near the bottom in the country for the number of people it incarcerates, but like many states, it’s having to find ways to pay for a steadily growing number of people on probation and parole.

According to the above article, one in 30 adults is under correctional control in the state.  With more than 165,000 people either incarcerated or on parole or probation, Washington state ranks 17th out of all the states.  But Washington ranks 44th for the people it puts behind bars – just over 32,000 are incarcerated in either prison or jail.

Consequently, the vast majority are either on probation or parole – more than 133,000, or about one in 37 people, ranking the state 12th in the nation.

The numbers of those under community supervision have increased.  Unfortunately, so have the costs. For the 2003-2005 budget, about $190 million went toward supervision. For the current budget ending in 2009, it has increased to nearly $307 million. While that’s just a small part of the state’s $1.8 billion two-year corrections budget, in a year where the state is facing a projected $8 billion deficit through 2011, officials are feeling the pinch.

Interesting times . . .

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Can’t Afford to Hang ‘Em Anymore

Death Penalty, Legislation, , ,

Cost | National Coalition to Abolish the Death Penalty

Some states are passing legislation to end the Death Penalty over financial concerns.

Kansas is leading the effort.  “Because of the downturn in the national economy, we are facing one of the largest budget deficits in our history,” state Sen. Carolyn McGinn, a Republican, said in an opinion piece posted on TheKansan.com Friday. “What is certain is we are all going to have to look at new and creative ways to fund state and community programs and services.”

The state would save more than $500,000 per case by not seeking the death penalty, McGinn wrote, money that could be used for “prevention programs, community corrections and other programs to decrease future crimes against society.”

Fiscal concerns are just a part of the argument.  In addition, a disproportionate rate of minorities are sentenced to death.  The legislation would seek to curb the disproportion.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Report finds inequalities in Washington criminal fines

Court Fines, Due Process, Race & Law, Studies, , ,

Racial Inequality in the Criminal Justice System - YouTube

A report finds wide disparities in how much Washington’s criminal defendants are required to pay in fines and fees.  According to the University of Washington study released Tuesday, Hispanics are charged significantly higher fees and fines than non-Hispanic whites; men are fined more than women; and drug cases bring greater fees and fines than violent crimes do.

There were also geographic differences. One man convicted of drug offenses in Pierce County was assessed fees and fines of $600, while one convicted in Lewis County was assessed $6,710.

The study examined all superior court cases resolved in the first two months of 2004 — nearly 3,400 cases. The researchers determined that the system is illogical and hinders people from rejoining society, especially because of the high 12 percent interest rate they must pay on the fines. Three years after the defendants were sentenced, about half had made no payments.

My opinion? This is disgraceful.  The report provides empirical data that our justice system is horribly inconsistent when it comes to administering costs/fees upon defendants.  Unbelievable.  The lesson?  Don’t get caught committing crimes if you’re minority, male, and come from out of town.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.