Category Archives: ACLU

State v. Redding: U.S. Supreme Court Declares Strip Search of 13-Year-Old Student Unconstitutional

ACLU, Constitutional Rights, Drug Offenses, Due Process, Search and Seizure, Search Warrant, United States Supreme Court, , ,

Should schools be strip-searching students? | Illinois Attorney Referrals and Legal Guidance

In State v. Redding, the U.S. Supreme Court ruled that school officials violated the constitutional rights of Savana Redding, a 13-year-old Arizona girl who was strip searched based on a classmate’s uncorroborated accusation that she previously possessed ibuprofen, a banned medication. This is the biggest victory for students’ rights in the last 20 years.

My opinion?  I’ll let Savannah speak for herself.  Below is a post she wrote for the ACLU’s blog:

“People of all ages expect to have the right to privacy in their homes, belongings, and most importantly, their persons. But for far too long, students have been losing these rights the moment they step foot onto public school property — a lesson I learned firsthand when I was strip-searched by school officials just because another student who was in trouble pointed the finger at me. I do not believe that school officials should be allowed to strip-search kids in school, ever. And though the U.S. Supreme Court did not go quite so far, it did rule that my constitutional rights were violated when I was strip-searched based on nothing more than a classmate’s uncorroborated accusation that I had given her ibuprofen. I’m happy for the decision and hope it helps make sure that no other kids will have to experience what I went through.

Strip searches are a traumatic intrusion of privacy. Forcing children to remove their clothes for bodily inspection is not a tool that school officials should have at their disposal. Yet, until today, the law was apparently unclear, potentially allowing for the most invasive of searches based on the least of suspicions. Every day, parents caution their children about the importance of not talking to strangers, looking both ways before crossing the street, and following directions at school.

But I imagine they never think to warn them that a school official, acting on a hunch, may force them to take their clothes off in the name of safety. And now, thankfully, they won’t have to. Our fundamental rights are only as strong as the next generation believes them to be, and I am humbled to have had a part in preserving and promoting the Fourth Amendment to the Bill of Rights.”

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.

Waiving or Reducing Interest on Court Fines

ACLU, Bellingham Defense Attorney, Court Fines, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , ,

How Long Do I Have To Pay My Fines And Costs To The Court? | Greenspun Shapiro PC

Gotta love the ACLU.

The organization just created a step-by-step guide which provides information and forms on how to obtain a court order waiving or reducing interest on legal financial obligations (LFOs) in Washington State. Defined by statute RCW 10.82.090, the court may, on motion by the offender, reduce or waive the interest on legal financial obligations ordered as a result of a criminal conviction.

In order to move the court to waive or reduce interest, you must prove the following to the court in all cases:

1) You have already been released from total confinement;

2) You have made a good faith effort to pay, meaning that you have either (a) paid the principal amount in full, or (b) made 24 consecutive monthly payments excluding any payments mandatorily deducted by DOC;

3) The interest accrual is causing you significant hardship;

4) You will not be able to pay the principal and interest in full;

5) Reduction or waiver of the interest will likely enable you to pay the full principal and any remaining interest thereon;

My opinion?  So many clients tell me the criminal justice system sucks their money away.  It’s bad enough that people get criminal records, jail time, fines, restitution, etc., when convicted of crimes.  Paying interest fees on top of criminal fines is adding insult to injury.  Unbelievable.

Here, the ACLU has provided a great service to criminal defendants and their attorneys.  Good stuff.  I’m looking forward to applying the guidelines and helping my clients save money.

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.

Voting Rights Restored!

ACLU, Constitutional Rights, felony, Legislation, Race & Law, Voting Rights, , ,

Voter Information for WA State Residents Who Are or Have Been Incarcerated, Unhoused, Disabled, Need Language Assistance, and more | The Church Council of Greater Seattle

Thank you to all who took action on HB 1517!  This important measure will automatically restore the right to vote to citizens who were entangled with the criminal justice system.

Governor Chris Gregoire signed the bill into law on Monday, May 4, 2009.  The new law will reform Washington’s convoluted and unfair system for restoring voting rights.

Washington now becomes the 20th state in the last decade to ease voting restrictions for people with criminal histories who are living, working and raising families in the community.  Our victory is part of a nationwide movement to assure that our democracy reflects the voices of American citizens.

Let freedom ring.

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.

Amend Washington’s “Three Strikes” Law

ACLU, Drug Offenses, Legislation, Race & Law, Robbery, Sentencing, Three Strikes Law, , ,

California "Three Strikes" Law - Defined & Explained

Our criminal justice system is based on the concept that the punishment must fit the crime. Stated another way, the sentence imposed for a particular crime should be proportional to the circumstances of the crime.

The problem?  Under Washington’s “Three Strikes” law, which imposes a mandatory life sentence without parole on individuals convicted of any of almost two dozen felony offenses, the crime of Robbery in the Second Degree is one of the listed crimes.  An individual can be charged with second-degree robbery even if no weapon is used or no one is injured!

A solution?  The ACLU supports the removal of Robbery Second Degree from the list of strike offenses.  The bottom line is this: while serious in and of itself, Robbery Second Degree does not rise to the level of being Strike-worthy. When dealing with a potential life sentence, it is simply unjust to include a crime that sweeps so broadly.

Additionally, the “Three Strikes” law does not deter crime, and it disproportionately affects minority offenders. It takes sentencing discretion away from judges, who should be able to consider individual circumstances when imposing sentences. It adds costs to already tight government budgets by incarcerating elderly persons who are not a threat to public safety. Passing the legislation will reduce the number of people who are imprisoned for life out of all proportion to their offenses.

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.

Change Washington’s Marijuana Laws

ACLU, Drug Offenses, felony, Legislation, marijuana, misdemeanor, , ,

Decriminalize Marijuana! - YouTube

This month, the Washington Senate Judiciary Committee will hold hearings on  from a misdemeanor, carrying mandatory jail time, to a civil infraction and a $100 dollar fine.

According to the Washington A.C.L.U., In 2007, enforcement of Washington laws for possession of marijuana resulted in over 11,000 arrests, 3,600 convictions (with an average sentence of four days in jail), and cost an estimated $7.5 million dollars.

The A.C.L.U. says it supports Senate Bill 5615 sponsored by Senator Jeanne Kohl-Welles.

“We don’t believe adults who use small quantities of marijuana for personal use should be treated as criminals.” ~Alison Holcomb,  A.C.L.U.

Some Washington police officials see it differently. Burien Police Chief Scott Kimerer says he fears, if passed, this could open the door to further legalization and he says he doesn’t want to make the drug more attractive than it may already be.

He goes on to says; “People might have a tendency to say well it’s not going to be a criminal offense. It’s not going to affect my job… It’s not going to affect anything else involving what a criminal matter would and so why don’t I try it… And I don’t want to do that.”

From my perspective – that of a criminal defense attorney – the legislation is extremely progressive.  Far too many of my clients  – most of them young people who are gainfully employed or attending college – face criminal charges for violating our archaic marijuana laws. Indeed, alcohol abuse is FAR more debilitating and dangerous. And it’s legal!  Some people consume marijuana for medicinal purposes. It’s time for a change.

Decriminalization is a step in the right direction. True, $100 civil penalty is still imposed. Perhaps after some success with the proposed legislation (if it passes) the civil penalty will eventually be erased as well. One can only hope.

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