Prosecution Must Prove Defendant Knowingly Violates a No-Contact Order

Bellingham Defense Attorney, Domestic Violence, Mount Vernon Criminal Defense Attorney, No Contact Order, Prosecutorial Misconduct, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

No-Contact Order Violation | Law offices of Alexander Ransom

In State v. Morales Sanchez, the WA Court of Appeals reversed a defendant’s conviction of Felony Violation of a No-Contact Order. In short, the Court reasoned that for an act to constitute a willful violation of a court order restricting contact, the restrained party must know of the specific provision of the Order that her or his act violates.  Therefore, to prove the mens rea of a willful violation, the State must prove the defendant knew of the specific provision of the Order that his or her act violates. To argue otherwise misstates the law.

FACTUAL BACKGROUND

The alleged victim Ms. Mejia procured a no-contact order prohibiting Mr. Morales Sanchez from contacting her. The State charged Morales Sanchez with two counts of violation of a court order— domestic violence. The case went to a jury. Ms. Mejia testified at trial as to the alleged violations. According to her, she was home with her children when she heard knocking on her bedroom window. She saw Morales Sanchez outside under a tree and called the police. Ms.  Mejia also testified that, about a week later, she received text messages from the defendant.

In closing arguments, the State Deputy Prosecutng Attorney (DPA) made multiple comments as to the knowledge requirement of violation of a no-contact order. First, it told the jury, “This element does not say the Defendant knew of the provisions of this order and knowingly violated this order. The knowing part refers solely to the violation.” The DPA also said the following:

“And, again, I want to emphasize this, because out of everything I’m going to say, this is one of the most important things for you to remember. This element does not say [Morales Sanchez] knew of the provisions of this order and knowingly violated a provision of this order. What I have to prove to you is that [Morales Sanchez] knowingly violated a provision of this order. There is a big difference.” ~State DPA at Closing Argument

Additionally, the State DPA showed the jury PowerPoint slides consistent with this notion. Morales Sanchez was convicted by the jury as charged. He appealed on arguments that the DPA misstated the law by inaccurately explaining the “knowledge” element of the charge.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals (COA) began by saying the crime of willful violation of a court order has three essential elements: (1) the willful contact with another; (2) that a valid no-contact order prohibits such contact; and (3) defendant’s knowledge of the no-contact order.

“Willfulness requires a purposeful act,” stated the COA. Inadvertent or accidental contact is not enough. It reasoned that not only must the defendant know of the no-contact order; they must also have intended the contact. Proof that a person acted knowingly is proof that they acted willfully. Furthermore, a defendant cannot be prosecuted unless they know of the existence of the order.

Here, the COA held that the State DPA made an improper remark that merits reversal of the conviction. Here, the DPA explained the law as requiring that Morales Sanchez knew of the order and knew that and knowingly violated a provision of that order. The COA believed the DPA statement was inaccurate:

“We hold that this is a misstatement of the law because it fails to fully explain what a knowing violation includes and instead misleads the jury into thinking the State had to only prove Morales Sanchez knew generally of the existence of an order. Rather, the State is required to prove that Morales Sanchez knew what he was doing and that he knew his conduct was a violation of the order. This remark by the prosecutor fails to appreciate the distinction.”

Without properly explaining this distinction to the jury, the State was relieved of its burden of proof to establish Morales Sanchez’s knowledge of the no-contact order and Morales Sanchez’s knowledge that his willful contact with Rivera Mejia violated the no-contact order. This is a misstatement of the applicable law, and was therefore improper.” ~WA Court of Appeals

In addition, the DPA’s aruments blurs the State’s burden of proof. Here, the DPA failed to convey that the State must prove that Morales Sanchez must have known of the no-contact order, intended the contact, and knew that the contact was a violation of the order.

“We hold that the State committed prosecutorial misconduct because it misstated the elements it was required to prove and thereby relieved itself of the burden of proof before the jury. This had a substantial likelihood of affecting the jury’s verdict. Accordingly, reversal is required.” ~WA Court of Appeals

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.

Liberal Cities Are Embracing Conservative Anti-Crime Measures

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O.C. prosecutor aims anti-crime campaign at surrounding areas - Los Angeles Times

Politico journalists Paul Demko, Jeremy B. White and Jason Beeferman report that liberal cities are embracing conservative anti-crime measures.

The country’s biggest, bluest cities are embracing tough-on-crime policies that would have been politically heretical just a few years ago. They’re increasing criminal penalties and expanding police power amid fear over a rash of brazen crimes like theft, drugs and assaults.

These Democrat-led policy changes mark a stark reversal from 2020. At that time, the growing influence of progressives fueled a national effort to curb police powers and decreae police budgets following the murder of George Floyd.

Now, Democrats are in retreat on criminal justice.

“I don’t believe it’s progressive to allow people to get assaulted on the streets at night. I don’t believe it’s progressive to allow people to sleep in tents. This is not the city I grew up in. It’s not a city I recognize right now.” ~Mark Farrell, a moderate Democrat challenging San Francisco Mayor London Breed.

Blue cities are pushing these harsher policies even as crime has decreased significantly nationwide, following big spikes during the pandemic. It’s the perception of increased crime that is driving many of these changes as Republicans continue to pillory Democrats as weak on law enforcement in the run-up to the presidential election.

“What we’re seeing now is a recognition that we have to lean in and do more as government to provide for the safety and well-being of our residents.” ~Democrat Brooke Pinto, the Washington D.C Councilmember

CALIFORNIA

In San Francisco, voters passed a ballot initiatives to lift restrictions on police operations and screen welfare recipients for drug use — two traditionally conservative proposals that nevertheless resonated with an overwhelmingly Democratic electorate, illustrating voters’ frustration with public drug use.

NEW YORK

New York Gov. Kathy Hochul announced Wednesday she is deploying the national guard to New York City’s subway system after a violent string of transit attacks, including one instance where a subway conductor was slashed in the neck while on the job.

WASHINGTON D.C.

The nation’s capital has also been beset by angst over crime. Washington D.C. has highest number of murders in more than two decades last year. A series of high-profile crimes in recent months have further heightened anxiety.

My opinion? It appears that politicians are responding to constituents who are fed up with crime problems. The politicization of criminal justice is an important topic in today’s narrative. Democratic Party politicians and officials are trying to cover areas Republicans are successfully jabbing at them – with soft-on-crime policy being the most evident among political strategies the GOP is using against Democratic incumbents.

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.

Most Americans Cannot Believe Violent Crime is Decreasing

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Reported violent crime rate in the U.S. 2022 | Statista

In an article from NPR, journalists , and report that Americans can’t believe that violent crime is decreasing.

In 2020, the United States experienced one of its most dangerous years in decades. According to FBI statistics, the number of murders across the country surged by nearly 30% between 2019 and 2020, The overall violent crime rate, which includes murder, assault, robbery and rape, inched up around 5% in the same period.

But in 2023, crime in America looked very different.

VIOLENCE HAS DROPPED

“At some point in 2022 — at the end of 2022 or through 2023 — there was just a tipping point where violence started to fall and it just continued to fall . . . The national picture shows that murder is falling. We have data from over 200 cities showing a 12.2% decline in 2023 relative to 2022.” ~Jeff Asher, a crime analyst and co-founder of AH Datalytics.

Citing his own analysis of public data, Mr. Asher also found instances of rape, robbery and aggravated assault were all down too. Yet when you ask people about crime in the country, the perception is it’s getting a lot worse.

THE GALLUP POLL

A Gallup poll released in November found 77% of Americans believed there was more crime in the country than the year before. And 63% felt there was either a “very” or “extremely” serious crime problem — the highest in the poll’s history going back to 2000. So what’s going on?

WHY IS VIOLENT CRIME DECREASING?

For cities like San Francisco, Baltimore and Minneapolis, there may be different factors at play. And in some instances, it comes as the number of police officers declines, too.

Baltimore police are chronically short of their recruitment goal, and as of last September had more than 750 vacant positions, according to a state audit report. In Minneapolis, police staffing has plummeted. According to the Star Tribune, there are about 560 active officers — down from nearly 900 in 2019.

In Minneapolis, the city is putting more financial resources into nontraditional policing initiatives. The Department of Neighborhood Safety, which addresses violence through a public health lens, received $22 million in the 2024 budget. And in San Francisco, police there say they’ve been better at making arrests.

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

Washington State Bar Association Approves Lower Caseloads for Public Defenders

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Overworking Killed 745,000 People in 2016, WHO Finds

Photo Courtesy of: Stock Photos from STOKKETE/Shutterstock

According to U.S. News, the Washington State Bar Association (WSBA) has approved far lower case limits for public defenders. This follows an effort to stop them from quitting, to help with recruiting and to make sure they have enough time to represent each client properly. The new limits adopted at a meeting of the Bar’s board of governors are designed to cut maximum caseloads by about two-thirds over the next several years.

“Public defense is in crisis right now,” Jason Schwarz, director of the Snohomish County Office of Public Defense, told the Bar, which regulates attorneys statewide. “If we do nothing, we’re going to remain in crisis.”

Skeptics agree the system is breaking down but are concerned about finding more attorneys to cover the cases. Many counties, especially rural ones, already struggle to employ enough public defenders and get almost no state funding.

“This could be what bankrupts smaller counties like ours, unless the new limits help persuade state lawmakers to allocate more funding . . . At some point, we simply will not be able to pay the bills anymore.” ~Franklin County Administrator Mike Gonzalez

Attorneys are supposed to be provided to criminal defendants who can’t afford to pay, but public defenders are in short supply and busy. So some people who are presumed innocent are spending more time in jail, prosecutions are being dismissed and county costs are climbing.

The Bar’s Council on Public Defense began working on new standards in 2022. In October, the WA State Supreme Court asked the Bar to recommend revisions for the state. This came after a national report reassessed public defender caseloads and proposed a new way of calculating reasonable limits.

During debate Friday, proponents urged the Bar to make the changes.

“I am horrified that in 2024, in our democracy, in this state, people wait before they get their constitutional rights. My clients sit in jail and rot.” ~Adam Heyman, King County Public Defender

For decades, public defender caseloads were capped at 150 felonies or 400 misdemeanors per year. That will change incrementally beginning in 2025 and reach a new cap of 47 felonies or 120 misdemeanors in 2027, with lower maximums for certain case types. A defender working only on murder cases would be limited to about seven per year.

WILL THE STATE SUPREME COURT ADOPT THE WSBA’S RECOMMENDATIONS?

The WA State Supreme Court wields ultimate authority over criminal proceedings and hasn’t decided yet whether to adopt the new limits. The court’s existing rules are modeled on the Bar’s old standards.

The momentum and political will certainly exists. Lawmakers passed a bill this month to train law students and new attorneys to serve as public defenders in rural and underserved areas, but advocates say that is unlikely to solve the crisis overnight.

My opinion? Clearly, public defenders face extremely heavy workloads that prevent them from providing effective legal representation to people accused of crimes. They are asked to juggle too much work against their will, a phenomenon that eventually causes harm to their clients. 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.

Prison: No Country For Old Men

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These are the 20 oldest prisoners doing time in New Jersey - nj.com

Excellent article in NPR by journalist Meg Anderson reports that the proportion of state and federal prisoners who are 55 or older is about five times what it was three decades ago. In 2022, that was more than 186,000 people.

In Oklahoma, the geriatric population has quadrupled in the past two decades. In Virginia, a quarter of the state’s prisoners will be geriatric by 2030. And in Texas, geriatric inmates are the fastest-growing demographic in the entire system.

More elderly people in prison is largely a sentencing problem, says Marta Nelson, the director of sentencing reform at the Vera Institute of Justice, a criminal justice research organization.

“It all stems from the longer sentences and the longer length of time that people have had to spend serving sentences in the United States, really starting from the ’70s and ’80s, but which became quite well known in the ’90s . . . People who went in as young people then are now aging. So it’s really a story of how we choose to punish people.” ~Marta Nelson, Director of Sentencing Reform at the Vera Institute of Justice

For instance, the Violent Crime Control and Law Enforcement Act of 1994, commonly known as the 1994 crime bill, incentivized states to build more prisons and keep people in those prisons for a longer percentage of their sentences. Other tough-on-crime policies — like mandatory minimum sentences and “three strikes” laws, in which the punishments for repeat offenders severely ratchet up — also contributed to why many people who went to prison decades ago are still there.

Today, there are more people serving a life sentence in prison than there were people in prison at all in 1970, according to a 2021 report from the Sentencing Project, an advocacy organization.

Caring for aging prisoners is expensive, but the data on just how expensive is murky. A 2013 study estimated it could be anywhere from three to nine times more expensive than for younger prisoners. And a 2015 report from the Justice Department’s Office of the Inspector General found that federal prisons with the highest percentage of elderly prisoners spent five times more per person on medical care than those with the lowest percentage of aging prisoners.

My opinion? The idea of releasing elderly prisoners is certainly controversial. As a society, we must be careful about who we incarcerate. Sometimes, prisons don’t make people better. They make people worse.

Prison is a terrible place. 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.

American Drivers Are Now Even More Distracted By Their Phones

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Distracted Driving Cell Phone Use | Dr. John Lloyd | Motorcycle Crash, Biomechanics, Human Factors Expert

Excellent article by journalist Marin Cogan reports that In the last few years, the data on distracted driving has shown disturbing trends. During the pandemic, American drivers got even more distracted by their phones while driving. The amount of distracted driving hasn’t receded, even as life has mostly stabilized.

THE NUMBERS

Cambridge Mobile Telematics (CMT) Found that both phone motion and screen interaction while driving went up roughly 20 percent between 2020-2022. “By almost every metric CMT measures, distracted driving is more present than ever on US roadways. Drivers are spending more time using their phones while driving and doing it on more trips. Drivers interacted with their phones on nearly 58% of trips in 2022,” a recent report by the company concludes. Additionally, ore than a third of that phone motion distraction happens at over 50 mph.

We’re also spending nearly three times more time distracted by our phones than drivers in the United Kingdom and several other European countries. US drivers spent an average of 2 minutes 11 seconds on their phones per hour while driving, compared to 44 seconds per hour for UK drivers, CMT found.

The company compared the driving behaviors of US and European drivers because road fatalities in the United States surged during the pandemic and European fatalities did not. In 2020, 38,824 people died on US roads. In 2021, that number rose to 42,915 people, and the highest number of pedestrians were killed in 40 years. In 2022, the overall deaths stayed high, around 42,795, among them 7,508 pedestrians. The report also notes how the rise of smartphone use roughly corresponds to the rise in pedestrian fatalities: About 4,600 people were killed while walking in 2007, the year the iPhone was introduced. By 2021, with 85 percent of Americans owning smartphones, the number rose to 7,485.

Department of Justice Prosecutes Someone for Illegally Importing Greenhouse Gases

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How to Transport a Fridge by Yourself ((( Part 1 ))) - YouTube

A San Diego man who allegedly smuggled refrigerants into the United States from Mexico is the first in the United States to be prosecuted under a recently enacted law aimed at mitigating climate change. The Department of Justice says the case marks the first prosecution in the United States to include charges related to the American Innovation and Manufacturing (AIM) Act of 2020.

WHAT IS THE AIM ACT?

This law prohibits the importation of hydrofluorocarbons — or HFCs — without approval by the Environmental Protection Agency (EPA). HFCs are a class of potent greenhouse gases commonly used in refrigeration and air conditioning, aerosols, and foam products. Their climate impact can be hundreds to thousands of times greater than carbon dioxide. The AIM Act, enacted by Congress in 2020, authorizes EPA to phase down the production and consumption of HFCs by 85 percent in a stepwise manner by 2036 through an allowance allocation and trading program. The AIM Act also directs EPA to maximize reclamation of HFCs, minimize releases of HFCs from equipment, and facilitate the transition to next-generation technologies to replace HFCs.

WHAT IS THIS CASE ABOUT?

Hart is accused of buying refrigerants in Mexico and trafficking them into the US in his vehicle by hiding them under a tarpaulin and tools. He posted the refrigerants for sale on OfferUp, Facebook Marketplace and other sites.

He faces 13 separate charges, including conspiracy, as well as multiple counts of illegal importation and selling imported goods illegally. He could face a maximum of 45 years in prison if convicted on all of the charges and 20 years if convicted on either of the counts related to illegal importation, according to the Attorney’s Office of Southern California. He also faces fines of up to $750,000.

The indictment also alleges that Hart illegally imported HCFC-22, an ozone-depleting substance commonly used as a propellant and refrigerant. In 2020, such applications of HCFC-22 were phased out in developed countries under the Montreal Protocol because of its ozone depleting properties.

WHY SUCH HARSH PROSECUTION FROM THE FEDS?

In short, Mr. Hart’s Tarrest highlights the EPA’s and Justice Department’s efforts to prevent refrigerants that are climate super-pollutants from illegally entering the United States.

“The illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, undermines international efforts to combat climate change under the Kigali Amendment to the Montreal Protocol. Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable.” ~David M. Uhlmann, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance.

The EPA says potent greenhouse gases are typically used for refrigeration, air conditioning, building insulation, fire extinguishing systems, and aerosols. And the global warming potential of HFCs are exponentially more potent than carbon dioxide, according to the U.S. Attorney’s Office.

My opinion? Yes, it is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change. Nevertheless, I doubt Mr. Hart actually intended to unlawfully import greenhouse gases. More likely, he simply attempted to buy and sell used refrigerators and was unaware of the environmental impact of his transactions.

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.

State Legislature Passes Significant Public Defense Bill

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Public Defenders Urge Legislature to Stop Governor from Cutting Successful Resentencing Program | San Francisco Public Defender's Office

Excellent article in the Seattle Times from journalist Daniel Beekman discussed the passage of Senate Bill 5780. The legislation is a huge win for WA state’s beleaguered criminal legal system. It won early support in the Senate but stalled before last Friday’s deadline to pass the House. Fortunately, it prevailed at the last minute only after a Seattle Times story spotlighted the public defense crisis. It is now headed to Gov. Jay Inslee’s desk to be signed into law.

WHAT IS THE CRISIS AND WHY DOES IT EXIST?

When you’re accused of a crime and don’t have enough money to pay an attorney, the government is supposed to provide you with one. It’s a constitutional right. But many Washington communities are struggling to hire and retain public defenders and to keep up with cases (statewide rules cap the number of cases a defender can handle each year). So some defendants are going without proper representation, even while in jail, and some prosecutions are getting delayed or dismissed. In some places, prosecutors are in short supply, as well.

The crisis exists because the COVID pandemic created backlogs, fewer people are going to law school, young attorneys are choosing other jobs, attorneys certified for high-level felony cases are burning out and policing changes are making cases more time-consuming, among other reasons.

Rural areas and Eastern Washington communities such as Yakima and the Tri-Cities have been hit especially hard, partly because they lack amenities and resources to compete with private sector employers for qualified attorneys. Unlike most other states, Washington relies on its counties to fund their own public defense services, and those costs have grown in recent years.

WHAT DOES SB 5780 HOPE TO ACCOMPLISH?

SB 5780 is meant to combat rampant staffing and caseload challenges that are pushing Washington’s public defense apparatus to the brink of collapse and simultaneously threatening prosecutorial operations. The legislation helps recruit and train more attorneys for crucial jobs in public defense and prosecution.

The bill directs state agencies to set up internship programs for aspiring public defenders and prosecutors in rural and underserved areas. It also directs the agencies to provide training to early-career public defenders and prosecutors. More specifically, SB 5780 calls for the state’s Office of Public Defense to administer a “law student rural defense program.” The program places students and recent graduates as interns with experienced public defenders in underserved communities. Similarly, it calls for the state Criminal Justice Training Commission to oversee a “law student rural prosecution program” placing interns with prosecutors. The interns are supposed to get mentoring, pay and housing stipends, and supervising attorneys may receive some money for their time.

The bill also expands the Criminal Defense Training Academy and the Criminal Justice Training Commission. These organizations train early-career public defenders and prosecutors.

My opinion? The legislation is a step in the right direction. Studies show public defenders face extremely heavy workloads that prevent them from providing effective legal representation to people accused of crimes.

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.

Bellingham Police Seek Rapid DNA Technology

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Snapshot: S&T's Rapid DNA Technology Identified Victims of California Wildfire | Homeland Security

The Bellingham Herald reports that the Bellingham Police Department is applying for a federal grant to buy a rapid DNA machine. The hope is that it will help solve crimes without the current delays of up to a year at the state lab.

A rapid DNA machine can produce results in 90 minutes to two hours, Bellingham Police Chief Rebecca Mertzig told the Bellingham City Council at a meeting Monday night. Mertzig said the machine could be useful in two ways:

▪ In a criminal investigation, the results of DNA evidence from a suspect or person of interest at a crime scene could be entered into a national database to check quickly for a match to a convicted criminal.

▪ For victims, it could provide faster identification of unrecognizable human remains.

“We would use this to generate investigative leads. It does not replace traditional DNA processing, so if we were to get a match during this rapid DNA system, we would still send a sample to the lab for comparison testing using the traditional way,” Mertzig said. “Arrests are not made solely on rapid DNA identification. We’d have to have other evidence, and the standard is still probable cause in order to make an arrest.”

WHAT IS A RAPID DNA MACHINE?

Rapid DNA, or Rapid DNA analysis, is a fully automated process of developing a DNA profile from a mouth swab. This happens in 1-2 hours—without the need for a DNA laboratory or any human intervention and review.

The technology enrolls a qualified arrestee’s DNA profile in CODIS/NDIS during the booking process. NDIS is the national level of the CODIS system. The arrestee is searched against all unsolved crimes within 24 hours.

In addition to searching CODIS, arrestees are searched against the DNA Area of Special Concern (DISC). The DISC contains complete crime scene profiles from unsolved homicides, sexual assaults, kidnappings, and terrorism incidents. DISC profiles can be searched in near real time during the booking process.

A match to a DISC profile will result in an immediate notification to the booking agency, arresting agency, and investigating agency. This technology allows law enforcement to receive investigative leads while an arrestee is still in custody, possibly preventing additional violent crimes.

THE ACLU’S ARGUMENT AGAINST RAPID DNA MACHINES

According to the ACLU, the design and use of these machines are largely unregulated. That should be cause for concern for several reasons. First, Rapid DNA machines are likely to increase the risk of misidentification and wrongful conviction. Second, “cheap and easy to use” machines are a perfect recipe for overuse, particularly when it comes to sensitive technologies in the hands of the government.

Third, Rapid DNA machines are likely to encourage the growth of government DNA databases, putting some of our most sensitive information in government hands. Fourth, the easy availability of DNA testing through these machines is likely to exacerbate existing problems with the criminal justice system. These problems include racial disparities in DNA collection that exist because our criminal justice system disproportionately suspects, arrests, and convicts people of color.

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

WA House Defeats Bill Allowing Judges to Dismiss Low-Level Crimes

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Understanding how a California bill dies without public debate - capradio.org

Last week, the House decided to kill HB 1994, a bill relating to judicial dismissal of a misdemeanor following the completion of court-ordered conditions.

WHAT DID HB 1994 HOPE TO ACCOMPLISH?

Under the legislation, either the prosecutor or the defense attorney must first ask the judge to divert a defendant out of the criminal justice system. The defendant must agree to certain court conditions, such as engaging with service providers or treatment, and then, after up to a year of court monitoring, the judge can dismiss the case.

If passed, this bill would only have applies only to the lowest of low-level crimes. Judges could not dismiss charges in cases involving domestic violence, stalking, DUI, Assault or Firearms. The law also would not apply when a person pleads down from a felony charge to a misdemeanor.

If passed, the bill would also have potentially helped reduce the number of people with mental illness languishing in jails. This practice that has cost the state hundreds of millions of dollars in federal fines.

Rep. Darya Farivar (D-Seattle) called House Bill 1994 a pretty “reasonable” piece of legislation that didn’t deserve backlash. The bill simply asks prosecutors to justify their prosecution of low-level offenses. This is especially important when it comes to cases involving people who committed a crime as a result of poverty, addiction, or a mental illness. Farivar hopes to end the practice of just sticking people with behavioral health problems in jail over and over again, and instead allow courts to address the root causes of criminal behavior prior to conviction.

The bill has the backing of the Governor’s office, as it could help the state come into compliance with the Trueblood v. DSHS settlement. This WA Supreme COurt case requires the Washington State DSHS to provide timely mental health restoration to people in jail. About 11% of Trueblood class members enter the criminal justice system on misdemeanor charges.

WHY DID THE HB 1994 FAIL TO PASS?

According to the Stranger, KING 5 and the Seattle Times played misrepresented the legislation. At the end of the day, the legislation lacked momentum and political will.

Please contact my office if you, a friend or family member are charged with a crime. Dismissals of low-level charges are possible under Compromise of Misdemeanors, Knapstad Motions, Deferred Prosecutions and other avenues. Hiring an effective and competent defense attorney is the first and best step toward justice.