Category Archives: Domestic Violence

Tribes Free To Prosecute Non-Indians for Certain Crimes

Bellingham Defense Attorney, Domestic Violence, Due Process, Jury Trial, law enforcement, misdemeanor, police, Race & Law, Search and Seizure, Tribal Courts, Violent Crime,

Native American Women ilustration

The Skagit County Herald reported that American Indian tribes that meet certain criteria now have the authority to prosecute non-Indians for a limited set of domestic violence crimes, a shift supporters hope will reduce the high rate of violence on reservations.

Apparently, three tribes in Arizona, Oregon and Washington state have exercised that power for more than a year under a pilot project approved by the U.S. Department of Justice. Together, the tribes have brought more than two dozen domestic violence cases against non-Indians who live or work on their reservations, according to the National Congress of American Indians. In Washington, the Tulalip Tribe was approved as part of the pilot project in February 2014.

A 1978 U.S. Supreme Court ruling stripped tribes of any criminal jurisdiction over non-Indians on their reservations. 

However, the Violence Against Women Reauthorization Act of 2013 allowed tribes to charge non-Indians who are married to or in a partnership with a tribal member for domestic violence crimes and violations of protection orders. The Justice Department has said that American Indian women suffer from domestic violence at rates more than double national averages.

To ease concerns from some members of Congress, tribes have to ensure that jury pools include non-Indians and that their court systems afford defendants the same rights as state and federal courts do. The changes to the Violence Against Women Act also allow defendants to seek review of a tribal court decision in federal court.

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.

Washington Legislature Passes Bill Supporting DNA Testing of Rape Kits.

Assault, Bellingham, Bellingham Defense Attorney, DNA, Domestic Violence, felony, Jury Trial, Legislation, Prior Bad Acts, Rape, Sex Crimes, Violent Crime, , ,

That was me on the shelf': Maryland lawmakers weigh legislation requiring rape kits be tested - Baltimore Sun

On March 2, 2015, the Washington House Appropriations committee voted “Yes” on House Bill 1068; which supports DNA testing of rape kits sitting in evidence rooms across Washington Counties. The bill passed 82-15.

Essentially, numerous Washington counties – including Whatcom County – could help find serial rapists. House Bill 1068 arrives on the heels of recent controversy that rape kit evidence containing DNA evidence has been ignored by police departments statewide.

The Bellingham Herald ran two articles on this news. One story, titled Prosecutor: Testing Evidence Kits Can Lead to Finding Repeat Rapists discussed people’s responses to House Bill 1068.

The article mentions that Prosecutors like Rick Bell of Ohio support House Bill 1068. He claims that out of 6,000 kits tested, 2,244 received a hit to a known offender in a national database. Additionally, of the rapists indicted by his his office in Cuyahoga County, 30 percent are serial rapists. “Those serial offenders were going undetected, in part because labs couldn’t process all cases, so kits involving acquaintance rapes weren’t tested,” said Bell.

Also according to the article, Western Washington University college students like Heather Heffelmire, who is working in Olympia as the Legislative Liaison for Western Washington University’s Associated Students, testified in favor of House Bill 1068 during a public hearing in January. She said one of the main legislative priorities for WWU’s student body this year is to support survivors of sexual violence. “If you think about assault on campuses, it’s not like a predator does one assault — it’s usually a pattern of behavior,” Heffelmire said. “If you’re not having these kits tested, you can’t find that out.”

Additionally, Leah Gehri, the Director of Emergency Services at St. Joseph hospital in Bellingham WA, said she thinks HB 1068 is timely. “When you think about how long DNA evidence has been around, … at one point there weren’t a lot of DNA profiles hanging out there, they just didn’t have a lot of them,” Gehri said. “Now however, 20 years later, when profiles are quite common, the likelihood that an untested kit would now match up against a perpetrator in the system is more likely than it ever has been.”

Another article from the Bellingham Herald titled, Washington Lawmaker Tries to Tackle Thousands of Untested Rape Kits in State discusses the efforts of Rep. Tina Orwall, D-Des Moines toward having House Bill 1068 passed. 

The specific language House Bill 1068 is as follows:

Substitute offered in the House on January 23, 2015, requires a law enforcement agency to submit a request for laboratory examination within 30 days of receiving a sexual assault examination kit, provided that the victim or the victim’s legal guardian has consented to analysis of the kit as part of a sexual assault investigation. Specifies that failure to comply with the 30-day deadline does not create a private right of action against the law enforcement agency and is not a basis to exclude evidence in a court proceeding or to set aside a conviction or sentence. Creates a work group to study the issue of untested sexual assault examination kits in Washington, which must file an annual report through June 30, 2018.

My opinion? As a defense attorney, I support the notion that evidence garnered from the DNA testing of rape kits could be probative, relevant and cumulative in proving that the the perpetrator had a pattern of rape. Nevertheless, I have two concerns:

First, while I understand and agree with intent to have kits processed as quickly as possible, the timelines set forth in this proposal are probably unattainable with existing resources and do not take into account the complexities of processing kits. The 30-day timeline is very problematic for crime labs and is not feasible without a huge influx of resources (equipment, personnel, and possibly larger facilities).

Second, House Bill 1068 does not take into account the multitude of legal circumstances surrounding these kits.  For example, in a number of rape cases, the identity of the involved parties is not in question and both parties affirmatively indicate a sexual act occurred. Here, the issue is consent, not identity. Consequently, DNA analysis would only confirm what is already known.

In all likelihood, the latter issue will rest on the shoulders of jury trial judges who decide pretrial motions to admit or suppress DNA evidence in rape cases. In other words, we’ll see what happens . . .

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 v. Gunderson: Court Decides Prior “Bad Acts” of Domestic Violence Are Inadmissible

911 Call, Assault, Domestic Violence, Evidence, Jury Trial, law enforcement, police, Prior Bad Acts, Washington Court of Appeals, , ,

Prior Bad Acts of DV | Law offices of Alexander Ransom

Good opinion. In State v. Gunderson, the Court of Appeals decided a trial judge improperly allowed evidence of the defendant’s “prior bad acts” of Domestic Violence under Evidence Rule (ER) 404(b) at the defendant’s jury trial.

Here, the State charged defendant Daniel Scott Gunderson with Domestic Violence Felony Violation of a Court Order for a September 2010 altercation between himself and Christina Moore, his ex-girlfriend. At trial, Ms. Moore testified that no assault occurred. Although she made no prior statements about the incident, let alone an inconsistent statement, the State sought to introduce evidence of a 911 Call to police and also Gunderson’s prior domestic violence against Ms. Moore to impeach her credibility and show that she was a “recanting” domestic violence victim who was unduly influenced by the defendant.

The trial judge admitted this evidence over Gunderson’s ER 404(b) objection. Gunderson argued that the trial court should have excluded evidence of his prior bad acts under ER 404(b).

Some background is necessary. Under ER 404(b), evidence of a defendant’s “Prior Bad Acts” is inadmissible for the purpose of proving a person’s character and showing that the person acted in conformity with that character. The same evidence may, however, be admissible for any other purpose, depending on its relevance and the balancing of its probative value and danger of unfair prejudice.

For evidence of prior bad acts to be admissible, a trial judge must ( 1) find by a preponderance of the evidence that the misconduct occurred, (2) identify the purpose for which the evidence is sought to be introduced, (3) determine whether the evidence is relevant to prove an element of the crime charged, and (4) weigh the probative value against the prejudicial effect.

Here, the Court of Appeals reasoned that the probative value of the prior DV evidence was outweighed by its significant prejudicial effect. It stated the following:

“Much like in cases involving sexual crimes, courts must be careful and methodical in weighing the probative value against the prejudicial effect of prior acts in domestic violence cases because the risk of unfair prejudice is very high. To guard against this heightened prejudicial effect, we confine the admissibility of prior acts of domestic violence to cases where the State has established their overriding probative value, such as to explain a witness’s otherwise inexplicable recantation or conflicting account of events. Otherwise, the jury may well put too great a weight on a past conviction and use the evidence for an improper purpose.”

The Court of Appeals further reasoned that the trial court’s error was not harmless, and that it is reasonably probable that the admission of the two domestic violence convictions materially affected the outcome of the trial. Consequently, and given the above analysis the Court of Appeals revered the defendant’s conviction and remanded the case to a new trial.

My opinion? This decision was very reasonable, even-handed opinion which was effectively based on the law. The logic makes sense. Because the victim did not make conflicting statements and did not recant and the State did not articulate some other compelling justification, the probative value of this evidence is limited in comparison to its significant prejudicial effect. Not only was it manifestly unreasonable for the trial court to admit this evidence, it was also reasonably probable that the jury would have reached a different outcome. Good opinion.

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 v. Merrill: Victim’s Rights to Deny a Defense Attorney’s Interview

Assault, Constitutional Rights, Domestic Violence, felony, misdemeanor, Washington Court of Appeals, , ,

10 Questions to Ask a Criminal Defense Attorney | Browning & Long PLLC

Interesting opinion.

In State v. Merrill, the WA Court of Appeals decided that  an attorney may be sanctioned for directly contacting a crime victim after the crime victim has exercised her rights under RCW 7.69.030(1) to have an advocate present at any prosecution or defense interview.

The facts were such that defense attorney Mr. Harget was representing the defendant, Lucas Merrill, who was charged with assaulting members of the Gertlar family. The Gertlar family signed a “Notice of Victim’s Intent to Rely on RCW 7.69.030(10). Through the document, the Gertlars exercised their right to have a victim’s advocate present at any prosecution or defense interviews and demanded that any conduct, interview, or correspondence be arranged through the victim/witness office of the Spokane County Prosecutor’s Office.

Despite the family’s wishes to have a DV advocate present, Mr. Harget nevertheless contacted the victim’s family in an attempt to discuss the case. This happened not once, but twice. The victim’s family brought this to the attention of the Prosecutor; who in turn informed the court. Ultimately, Mr. Harget was sanctioned by the trial court. He appealed the sanctions.

The Court of Appeals upheld the trial court’s sanctions. It reasoned that a trial court has the inherent authroity to sanction lawyers for improper conduct during the course of litigation, but that generally requires a showing of “bad faith.” Furthermore, the court is encouraged to make an explicit finding of bad faith before imposing such sanctions. Finally, sanctions may be appropriate if an act affects the integrity of the court, and if left unchecked, would encourage future abuses.

The court further reasoned that, when invoked, victims of violent crimes have the right to have a victim advocate present during an interview by defense counsel or the prosecution under RCW 7.69.030(10). However, the right given by the statute “applies if practical, and if the presence of the crime victim advocate or support person does not cause any unnecessary delay in the investigation or prosecution of the case.”

Here, the Court of Appeals found Mr. Harget’s actions supported the sanctions against him.

My opinion? This is a very tricky case to dissect. I’ve interviewed dozens of crime victims – the good, the bad and the ugly – during my career. Some victims do not want to be interviewed. When this happens, I’ll usually argue a legal brief that states the necessity of conducting witness interviews for the matter at hand. I’ll couch my arguments in the 6th Amendment to the U.S. Constitution and also cite helpful statutes and cases from Washington State.

It’s highly necessary to interview victims. Sometimes, victims change their minds about the incident in question after thinking about it. Sometimes, they recant. Sometimes, they want the case dismissed and the No-Contact Orders to be rescinded. Sometimes, victims have ulterior motives; or their version of the facts is inconsistent with other evidence, or they don’t have much opportunity to witness/observe the totality of the incident.

A defense attorney must know these things before proceeding to trial. After all, a defense attorney can be found to be ineffective if they don’t interview witnesses and victims! So yes, I fully understand Mr. Hagley’s dilemma.

On this same note, I understand the concerns of the victim’s family’s as well. I’m sure they simply wanted to be left alone, and not contacted by Mr. Hagley at all.

Interesting case.

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 v. Pinson: When Prosecutors Violate a Defendant’s 5th Amendment Right

Assault, Bellingham Defense Attorney, Constitutional Rights, Domestic Violence, felony, Jail, Mount Vernon Criminal Defense Attorney, Prosecutorial Misconduct, Search and Seizure, Self-Incrimination, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , ,

Forcing iPhone unlock violates Fifth Amendment, says Court of Appeals – Naked Security

In State v. Pinson, the WA Court of Appeals held that a Prosecutor violated a defendant’s 5th Amendment rights against self-incrimination by arguing that the defendant was guilty because he chose to not talk to police when arrested.

Mason County Sheriff Deputy Nault responded to a reported domestic violence call. He contacted Stacey Campbell, who was in a parking lot across the street from her home. She said the defendant Jarad Pinson, her boyfriend, violently assaulted her. Deputy Nault saw red marks on her neck. Deputy Nault went into the home and arrested Mr. Pinson. During the arrest, Mr. Pinson was cooperative. He said he was drinking with his friends. When asked by officers if the situation became violent with Ms. Campbell, however, Mr. Pinson did not respond. he was arrested for Assault Second Degree Domestic Violence.

At trial, the judge granted the defense attorney’s motion in limine to suppress the Prosecutor from asking whether the fight was physical. However, defense counsel asked that question during cross-examination. Because of this, the judge ruled that Pinson’s defense attorney “opened the door” and gave the Prosecutor opportunity to cross examine the defendant on whether the fight was physical.

In closing argument, the Prosecutor said Mr. Pinson’s silence during arrest was substantive evidence of guilt. Although Ms. Campbell recanted her earlier accusations of assault while testifying on the witness stand, the jury nevertheless returned a guilty verdict on the Assault Second Degree charges. The case went up on appeal.

The law on prosecutorial misconduct is straightforward. To prevail on a claim of prosecutorial misconduct, a defendant must show that “in the context of the records and the circumstances of trial, the prosecutor’s conduct was both improper and prejudicial. However, when the defendant fails to object to the challenged portions of the prosecutor’s argument, he is deemed to have waived any error unless the prosecutor’s conduct was so flagrant and ill intentioned that an instruction could not “cure” the resulting prejudice to the defendant.

The 5th Amendment in the U.S Constitution states, “no person . . . shall be compelled in any criminal case to be a witness against himself.” Similarly, Article I, section 9 of the WA State Constitution follows this language. Both Constitutions guarantee a defendant the right to be free from self-incrimination, including the right silence. A defendant has the right to remain silent both prearrest and post-arrest; i.e., both before and after a defendant is given Miranda warnings.

 Here, the Court of Appeals held that the Prosecutor’s statement was improper because in violated Mr. Pinson’s 5th Amendment right against self-incrimination. More specifically, it was improper for the State to make closing arguments that infer guilt from the defendant’s silence. Even though defense counsel did not object, his failure to object did not waive the claim of prosecutorial misconduct because the conduct was so flagrant and ill-intentioned that an instruction would not have cured the prejudice.

The case was reversed and remanded for a new trial.

My opinion? Great decision. It’s a long-standing, basic principle that Prosecutors cannot infer a defendant’s silence as evidence of guilt. I’m pleased the Court acknowledged this basic principle.

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 v. McDonald: Prior Misdemeanor DV Convictions Count Toward Pointable “Offender Score” in Present Felony DV Charges & Convictions.

Assault, Domestic Violence, felony, Jail, law enforcement, Unlawful Imprisonment, Washington Court of Appeals, , ,

Co-Parenting with a No-Contact Order | Blog | Talking Parents

In State v. McDonald The Court ruled that violations of a Domestic Violence No-Contact Order are included in an offender score for felony DV convictions.

In this case, the defendant Christopher McDonald was charged with Assault of his girlfriend Julianne Vanas  during a car ride. The court entered No-contact Orders prohibiting contact between the defendant and his girlfriend. The defendant contacted Vanas via phone numerous times while he was in custody. The jail recorded the phone calls. At one point, the defendant told Vanas she needed to be persistent about calling the Prosecutor and saying she would not follow through with the charges.

At trial, the defendant was convicted of Felony Tampering With a Witness and six gross misdemeanor violations of a No-Contact Order. Regarding the charge of Assault in the Second Degree, the jury returned a guilty verdict on the lesser offense of Assault in the Fourth Degree, also a gross misdemeanor. By special verdicts, the jury found each count was domestic violence. The jury returned not guilty verdicts on Unlawful Imprisonment and Assault Fourth Degree.

At sentencing, the court calculated McDonald’s offender score as “7” based on prior convictions. Because McDonald’s current conviction was a domestic violence offense, the court added 1 additional point for each of the current domestic violence gross misdemeanors, yielding a total offender score of 14 points (this is HIGH). The court sentenced McDonald to 51 months prison for Tampering With a Witness and imposed consecutive sentences for the Assault Fourth Degree and No-Contact Order convictions. The defendant appealed, saying the trial court miscalculated.

The Court of Appeals upheld the trial court’s calculations of the defendant’s felony score pursuant to RCW 9.94A.525(21).

For those who don’t know, RCW 9.94A.525 provides: “If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030 was plead and proven . . . count points as follows: (c) Count one point for each prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was plead and proven after August 1, 2011.”

Here, the defendant argued (1) the statute does not apply, (2) the court gave erroneous jury instructions, (3) he was given ineffective assistance of counsel, and (4) the trial court improperly included his six current convictions for violating a domestic violence No-Contact order in calculating his offender score for Tampering With a Witness – a domestic violence conviction.

The court rejected the defendant’s arguments. It reviewed the legislative intent of the statute from the plain language enacted by the legislature, considering the text of the provision in question, the context of the statute in which the provision is found, related provisions, and the statutory scheme as a whole. The Court also stated, “We must avoid constructions that yield unlikely, strange or absurd consequences.” And here, apparently the defendant’s interpretation of the law was unpersuasive.

My opinion?  . . . it doesn’t seem fair. Yes, domestic violence is an awful situation. It has horrible effects on people’s lives, including the families and children of those involved. Still, it doesn’t seem fair or equitable that a person with minor domestic violence convictions have those convictions count toward a felony score.

Let’s assume these “minor convictions” for domestic violence included a Malicious Mischief Third Degree conviction for breaking a vase while arguing with a girlfriend, or a minor Assault Fourth Degree domestic violence conviction involving a “push & shove” with no injuries,  mutual combat and drugs/alcohol ingested by the defendant and victim prior to the argument.

It seems over-the-top that these types of domestic violence convictions can count toward a felony offender score and expose a defendant to substantially more months, if not years, in prison should they face a pending felony domestic violence charge.  This type of math inevitably kills negotiations between defendants and prosecutors. It forces defendants to go to trial. Is that justice?

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.

Whatcom County Domestic Violence Filings Increase

Assault, Domestic Violence, felony, law enforcement, misdemeanor, police, , ,

Coronavirus: Domestic violence 'increases globally during lockdown' - BBC News

The Bellingham Herald reported that in 2012, more protection orders were filed in Whatcom County. Also, more people were booked into jail for Domestic Violence.

This information was found in the 10th Annual Report About Domestic Violence. Report highlights for 2012 included the following:

* Law enforcement reported 1,387 domestic violence offenses in Whatcom County, down slightly from 1,422 in 2011. Nearly 55 percent were assaults and 30 percent were violations of protection or no-contact orders.

* The number of domestic violence protection orders filed in Whatcom County courts went up in 2012. At 427, it was the highest since 2004.

* Domestic violence made up 20 percent of Whatcom County Jail bookings in 2012, an increase from previous years and double the 10 percent of all jail bookings in 2011.

My opinion? Domestic violence is an AWFUL dynamic to have in a relationship. The effects of domestic violence wreak havoc on relationships, reputations and families.

However, most couples are not involved in ongoing domestic violence relationships. The vast majority of these situations involve a couple who argued a little too passionately, perhaps under the influence, and police are contacted. Unfortunately, when the criminal justice system gets involved, the wheels are very hard to stop.

For example, most people are unaware that under RCW 10.99, officers MUST arrest a primary aggressor and immediately take them to jail. Additionally, most defendants MUST move out of their own homes while the case is pending. This is a substantial hardship.

And defendants who are convicted of domestic violence crimes risk being incarcerated, paying court fines and restitution, obtaining domestic violence evaluations, undergoing treatment, being monitored by probation, losing their gun rights, and obeying court orders preventing them from communicating with family members. Finally, a domestic violence conviction carries a negative stigma which may deter employment opportunities.

Take my word, these types of charges probably won’t get reduced or dismissed quickly. Most prosecutors and judges want to continue these cases out to see if people will violate no-contact orders. Indeed, many defendants end up facing more criminal charges if they accidentally or intentionally violate a no-contact order. A vindictive and/or vengeful “victim” may invite communication and persuade a defendant to violate the court’s no-contact order.

I’ve seen this happen many times. And once a victim has proof that a contact happened, they can – and most will – contact the police and pursue additional charges of Violating a No-Contact Order (NCOV). These are particularly nasty charges which are very difficult to defend against. An NCOV charge damages the defendant’s bargaining position in reducing and/or dismissing the underlying domestic violence charge that got them in trouble in the first 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.

State v. Schultz: Warrantless Search of Home

911 Call, Constitutional Rights, Domestic Violence, Drug Offenses, Exigent Circumstances, felony, Knock & Talk, law enforcement, marijuana, Methamphetamine, misdemeanor, police, Privacy, Search and Seizure, Search Warrant, Washington Supreme Court, , ,

Vindictive Police: 6 Detectives Search Yehuda Glick's Home following Temple Mount Arrest | The Jewish Press - JewishPress.com | David Israel | 24 Shevat 5780 – February 19, 2020 | JewishPress.com

Excellent opinion. In State v. Schulz, the WA Supreme Court held that the Exigent Circumstances exception to the Search Warrant requirement was inapplicable when police unlawfully searched the Defendant’s home.

BACKGROUND FACTS

Officers received a 911 call about a couple was yelling inside their apartment.  Officers drove to the scene.  The woman, Ms. Schultz, consented to the officer’s request to enter the apartment.  Officers found a marijuana pipe.  Upon their find, they also conducted a more intrusive – and warrantless – search of the apartment.  Methamphetamine was found. Ms. Schultz was charged with Possession of Methamphetamine.

COURT’S REASONING AND CONCLUSIONS

The WA Supremes reasoned the test for an emergency aid exception (also called Exigent Circumstances) entry has been expanded to include the following elements: (1) The police officer subjectively believed that someone likely needed assistance for health or safety concerns; (2) a reasonable person in the same situation would similarly believe that there was need for assistance; (3) there was a reasonable basis to associate the need for assistance with the place being searched; (4) there is an imminent threat of substantial injury to persons or property; (5) state agents must believe a specific person or persons or property are in need of immediate help for health or safety reasons; and (6) the claimed emergency is not a mere pretext for an evidentiary search.

They further reasoned that here, the mere acquiescence to an officer’s entry is not consent to search.  It is also not an exception to our state’s constitutional protection of the privacy of the home. Finally, while the likelihood of domestic violence may be considered by courts when evaluating whether the requirements of the emergency aid exception to the warrant requirement have been satisfied, the warrantless entry in this case was unnecessary.  Officers merely heard raised voices from outside the home.  The agitated and flustered woman who answered the door indicated that no one else was present in the home.  No emergency existed.

My opinion?  Good decision.  Granting a police officer’s request to enter the home is not, by itself, consent to search the home.  Period.

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.

Domestic Violence Brutality Increasing in Whatcom County

Assault, Bellingham, Bellingham Defense Attorney, Domestic Violence, felony, Jail, law enforcement, misdemeanor, police, Studies, , ,

Domestic violence is now out in the open but the figures show just how endemic it is

It appears DV cases are increasing in Whatcom County. An unprecedented series of domestic-violence slayings in the last 15 months has set off alarms across the county and left community leaders scrambling to gauge the problem’s extent and root causes.
The Bellingham Police Department and the Whatcom County Sheriff’s Office handle the majority of domestic-violence assaults in the county.  Although both agencies had an overall decrease in the number of such assaults per capita reported to them since 2004,
Sheriff Bill Elfo says the severity of the crimes have, in fact, increased.
Some other interesting facts:
* Whatcom County law enforcement agencies have investigated eight deaths believed to be related to or caused by domestic violence since March 2009.
* Workers in victim-care agencies confirmed the trend of increasing violence.
* The number of women and children who stayed at least one night in the shelter’s 18 beds increased by 17 percent from 2008 to 2009, according to agency statistics.
* Calls to Womencare’s helpline increased 28 percent last year.
Why has the problem increased?  The article cites the poor economy adding to the problem and hampering criminal-justice and victim-care agencies’ ability to prevent more violence.  The economy also hampers efforts to confine abusers as the justice system, from police to jails to courts, struggles under budget cuts.  For victims trying to leave abusive relationships, which is when they’re at the highest risk, emergency shelter and long-term transitional housing are getting scarcer as demand for them increases.

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

Yes, Crime Is Down . . . But For How Long?

Assault, Domestic Violence, felony, Homicide & Manslaughter, Rape, Studies, Violent Crime, Whatcom County Criminal Defense, , ,

NRA-ILA | Stemming the Tide: Violent Crime Decreased in First Six Months of 2017

My opinion?  That’s good news.  It debunks any theories that economic recessions leads to increased crime rates.  I, for one, haven’t seen a dramatic increase in crime – except for maybe low-level street drugs like heroin – since the recession hit.  Still despite the successful efforts of law enforcement’s endeavors, we should not be too quick to pat ourselves on the back.

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.