Category Archives: Legislation

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.