Category Archives: misdemeanor

President-elect Joe Biden on the U.S. Drug Epidemic

Joe Biden says he 'regrets' supporting 'tough-on-crime' drug laws in 1990s  as he considers presidential bid | The Independent | The Independent

Excellent article in Politico by staff reporters Dan Goldberg and Brianna Ehley discusses how President-elect Joe Biden will emphasize drug treatment and prevention, not law enforcement, in addressing a drug epidemic that’s only grown more dire during the Coronavirus Pandemic.

According to the article, Biden will take office at a crucial moment in the fight against drug addiction. Some states are contending with double-digit spikes in overdose deaths, sparse public health workforces are already stretched thin fighting the coronavirus and widening budget deficits brought on by the pandemic could force states to make painful cutbacks to public services.

Also, more than 76,000 people died of a drug overdose between April 2019 and April 2020, according to the most recent preliminary federal data, the most ever recorded during a 12-month period. Federal health officials say the drug crisis has only been amplified by months of social isolation, high unemployment and the diversion of resources to combat the virus.

Biden, who often spoke during the campaign about his son Hunter’s struggles with substance abuse, has called for record investments in drug prevention and treatment while also holding drug companies accountable for their role in the opioid epidemic.

According to the article, it’s staggering how much the pandemic has exacerbated the drug crisis this year. Ohio recorded 543 overdose deaths in May, the most ever in a single month. Overdose deaths in the state this year may even surpass a record 4,800 in 2017, said Dennis Cauchon, president of Harm Reduction Ohio.

“I never thought we could top 2017 levels of death and I was wrong . . . It’s a slaughter out there.” ~Dennis Cauchon, president of Harm Reduction Ohio.

Oregon reported a 70 percent increase in the number of overdose deaths in April and May compared to the same two months in 2019. In Maine, overdose deaths during the first half of 2020 were up 27 percent from the previous year. Spikes have also been documented in Colorado, Kentucky and Louisiana.

Please contact my office if you, a friend or family member face drug charges. The search and seizure of the drugs may have violated the defendant’s Constitutional rights. Hiring an experienced and effective criminal defense attorney is the first and best step towards justice.

Coronavirus Crime Trends

Coronavirus Quarantines Spark Drop in Crime – for Now | National News | US  News

Excellent and informative article in Safewise.com written by lead safety reporter and in-house expert gives us updates on the latest crime statistics and trends in the major cities throughout the Coronavirus pandemic.

The gist?

“It depends on who you ask. From a research standpoint, it’s difficult to make a sweeping assumption—even after six months of living in a COVID-19 world. But there are consistent signs across the country that certain crimes have seen jumps during the global pandemic. The biggest increases have been in violent crimes, particularly murder, aggravated assault, and shooting incidents.” ~Rebecca Edwards, Lead Safety Reporter, Safewise.com

  • Preliminary FBI data for the first six months of 2020 shows murder and non-negligent homicide as up nearly 15% compared to the same time period last year.
  • report by the Council on Criminal Justice (CCJ) paints an even more dire picture—showing a 53% jump in homicides in 27 major US cities this summer, compared to the last.
  • FBI data also shows a 4.6% jump in aggravated assaults between January and June 2020, versus the same period in 2019.
  • Aggravated assault rose 14% summer over summer, according to the CCJ analysis.
  • Gun violence has been relentless for much of 2020, particularly in major cities like ChicagoNew York City, and Philadelphia.
  • As of September 28, the Gun Violence Archive (GVA) has recorded 13,641 homicides, murders, and unintentional gun-related deaths for 2020. That’s almost 90% of the total recorded for all of 2019.

“It’s not all bad news, though,” reports Edwards. “There are plenty of other crimes that have dropped dramatically amid stay at home orders, physical distancing, and other pandemic conditions.” She gives us the following data:

  • Counts of rape have dropped, according to FBI data—falling almost 18% year over year.
  • Robberies have also been on the decline, dropping 7% for the first half of 2020.
  • Overall, property crimes have been on a downward trajectory this year.
  • According to a preliminary FBI report,  property crime saw an 8% decrease nationwide between January and June 2020, compared to the same timeframe last year.
  • The FBI shows burglaries down across the board by nearly 8% year over year, although cities like Seattle and San Francisco have seen drastic increases.
  • Larceny thefts also dropped by nearly 10% in the first half of 2020, according to FBI data.
  • Car thefts and break-ins have been on the rise during the pandemic. The FBI shows a 6% climb in vehicle thefts between January and June 2020, compared to the same time in 2019.
  • Cities like Los AngelesDenver, and Scarsdale, New York have broken records for the number of cars stolen so far in 2020.
  • The FBI also reports a drastic jump of 19% in arson offenses nationwide. The majority (52%) of that increase came from cities with more than one million residents.

Edwards also gives statistics on Washington State:

  • Seattle had 32 more burglaries per 100,000 people between March 16 and April 12, compared to the same time period last year.
  • One Seattle precinct saw an 87% jump in burglaries in March, as businesses shuttered due to the pandemic. Overall, the city has seen 21% more burglaries.
 Please contact my office if you, a friend or family member face criminal charges during the Coronavirus Pandemic.

Crime Fell In First 6 Months of COVID

Coronavirus Is Slowing Down the Criminal Justice System. Will Criminals  Cash In?

According to a recent FBI Report, violent and property crime both plunged across the United States in the first six months of 2020 as the coronavirus pandemic swept the country.

Even though lockdowns to prevent the spread of Covid-19 were inconsistent and non-existent in some areas, murders fell 14.8 percent from a year earlier and rapes dropped 17.8 percent, according to preliminary data compiled by the FBI.

Violent robbery fell 7.1 percent, and non-violent thefts and larceny fell by slightly more from the first half of 2019, the FBI said.

But arson jumped in the first half of this year, especially in large cities and in West, it said. Arson cases rose more than 52 percent in cities with populations over one million, and were up 28 percent in the western part of the country. The FBI did not offer any explanation of the decline in crime overall, or the surge in arson.

But the period covered by the data coincides with the country’s response to the coronavirus pandemic, including the declaration of a national emergency on March 13, California’s stay-at-home order on March 19, and New York issued a stay-at-home order on March 20.

Violent crime of all types fell in the period by 4.8 percent in the northeast and by smaller levels in the West and Midwest. But violent crime increased compared to 2019 in the South, by 2.5 percent. Generally southern states lagged others in taking serious steps to prevent the spread of the coronavirus.

Please contact my office if you, a friend or family member face criminal charges. Hiring an experienced criminal defense attorney is the first and best step towards justice.

No Mask? Criminal Charge!

Wearing a mask isn't a form of oppression: opinion - Business Insider

Last Friday, in the wake of the Coronavirus Pandemic, Governor Inslee and the state’s secretary of health have issued a public health order mandating the use of face coverings and/or masks.

Inslee said during a news conference that masks are required in indoor settings, as well as outdoor settings if social distance rules cannot be maintained.

Those who willfully violate the mandate will face a misdemeanor charge, Inslee said.

 

“It is imperative that we adopt further measures to protect us all,” Governor Inslee added. “This is the way we need to look at this, we just cannot wish this virus to go away. We have to use tools that are available to us that we know work.”

The only individuals not required to adhere to the policy are those who are deaf or hard of hearing, children under the age of five, people who are eating, and those in other “common sense” situations.

Many protesters across the states have been pictured defying social distancing guidance without masks or face coverings. Online, the debate about mask effectiveness still plays out, with some claiming masks are not effective – or enforceable under US law.

Please contact my office if you, a friend or family member face criminal charges for not wearing a mask during the Coronavirus Pandemic. Hiring a competent, experienced defense attorney is the first and best step toward justice.

Memorial Day DUI Patrols

drunk driving fresno | Fresno Bail Bond Store | No Down Bail Bonds ...

The WA State Patrol (WSP) issued a press release that troopers will be out in full force to ensure motorists have a safe Memorial Day weekend. Extra troopers will be on duty to strictly enforce the “Rules of the Road” and will pay particular attention to dangerous speed, distracted driving, seat belt usage and impaired driving violations.

According to its press release, the WSP has seen a sharp increase statewide in motorcycle fatality collisions over the last few months. In 2020, 12 of the 17 motorcycle fatalities on Washington roads occurred during the month of April. Speeding was a common factor in these almost always preventable collisions. Impaired driving continues to be one of the leading causes of serious injury and fatal crashes in Washington State.

“We will have zero tolerance for drivers who are stopped and are impaired . . . Our troopers will continue to do what it takes to remove these dangerous drivers from our roads.” ~Captain Jeff Otis, WSP District 4 Commander

Also, the WSP encourages motorists who see these types of dangerous driving behaviors to call 911.

Please contact my office if you, a friend or family member face criminal charges like DUI, Reckless Driving, Vehicular Assault or any other crimes involving vehicles. Hiring an experienced attorney is the first and best step towards justice.

Some Crimes Decreasing Amid COVID-19

Coronavirus Quarantines Spark Drop in Crime – for Now | National ...

Great article in Bloomberg by Chris Dolmetsch, Edvard Pettersson and Christopher Yasiejko reports that crime rates in some of the biggest U.S. cities have dropped since the Coranavirus Pandemic, with some exceptions.

In short, car thefts and store robberies are spiking in some municipalities even as crime overall — especially violent offenses — dropped in 10 of the 20 most populated cities, more than halving in San Francisco alone, according to data analysis from 10 major cities.

“It’s just a reflection of reduced opportunities for these kind of events,’’ said Daniel Nagin, a criminologist and professor of public policy at the H.J. Heinz School of Public Policy and Management at Carnegie Mellon University in Pittsburgh. “In the case of murders, these often occur in public places in bars and things like that. With those kinds of activities shut down there’s less social interaction.

Car theft is surging New York city, up 49% for the week ended April 12 as compared to the same period a year earlier. It’s risen 53% over the past month and more than 63% year to date. Car theft was the only major crime to show an increase in Los Angeles, rising 11.3% for the the 28 days ending April 11 from the previous period.

Burglaries are also on the rise in New York, up 26% year-to-date as compared to the same period in 2019. In the week ended April 12, they more than doubled in the southern half of Manhattan, where many stores are now unoccupied. Burglaries jumped almost 34% in Denver in March amid a growing number of break-ins at marijuana dispensaries. In Philadelphia, burglaries were down 6.7% overall, with residential break-ins falling 25% as more people stay home, but unoccupied businesses were hit hard, with commercial burglary rising 71%.

Robberies and burglaries dropped more dramatically in Los Angeles than some other major U.S. cities, perhaps because it closed non-essential businesses and told people to stay at home earlier than other cities, said Charis Kubrin, a professor of criminology at the University of California, Irvine.

“Property crimes are crimes of opportunity and with most businesses closed, there are simply fewer opportunities.” ~Charis Kubrin, Professor of Criminology

Each of the 10 major cities that provided data are showing a decline in rapes and sexual assaults, with San Francisco posting the biggest drop — more than 50% — as compared to the same period a year earlier.

For the most part, murders are on the decline, and in cities showing a rise the numbers are low to begin with. A 25% increase in Austin, for example, is the result of one additional homicide, with the number rising from four to five.

“There are fewer opportunities for young people to get together . . . So there’s less chance when there’s alcohol involved for arguments to get out of hand and to result in assaults or homicides.” ~Charis Kubrin, Professor of Criminology

According to the article, most cities are showing a decline in assaults, following the trend in other violent-crimes categories. Notably, the drop-off comes even after the release from prison of thousands of non-violent offenders. That may show that many such offenders need not have been put in jail to start with.”

Theft is also down across the board in the cities surveyed.  But Kubrin said the drop in street crime may be followed by an increase in white-collar crime, such as price gauging and online fraud. “Opportunities have shifted from the street to online,” she said.

Please contact my office if you, a friend or family member face criminal charges. Hiring a competent and experienced criminal defense attorney is the first and best step toward justice.

No Interpreter is Court Mismanagement

Image result for court interpreter

In State v. Jieta, the WA Court of Appeals held that a trial court judge may dismiss a criminal prosecution due to the court’s failure to arrange for an interpreter for all scheduled court hearings.

BACKGROUND FACTS

On May 19, 2015, Mr. Jieta was first arraigned on charges of fourth degree assault and third degree malicious mischief in Snohomish County District Court. The court continued the arraignment after ordering that Jieta be provided a Marshallese interpreter. Over the next 15 months, the court held 14 more pretrial hearings, and the interpreter repeatedly failed to appear telephonically or personally.

On August 26, 2016, Jieta moved under CrRLJ 8.3(b) to dismiss all charges. On September 12, — another hearing where the interpreter failed to appear — the court dismissed all charges with prejudice and found the interpreter’s absences “seriously interfered with Mr. Jieta’s right to representation by counsel.” In short, out of 14 pretrial hearings conducted after the court directed the appointment of a interpreter, the interpreter failed to appear 10 times, appeared by phone – ineffectively – two times, and appeared in person two times. The superior court affirmed the dismissal on the State’s appeal.

The State sought discretionary review in this court, which was granted on the narrow question whether CrRLJ 8.3(b) can apply when court administration mismanages a case.

COURT’S ANALYSIS & CONCLUSIONS

Furthermore, the Court of Appeals explained that CrRLJ 8.3(b) gives courts discretion to dismiss “any criminal prosecution due to arbitrary action or governmental misconduct when there has been prejudice to the rights of the accused which materially affect the accused’s right to a fair trial.” To satisfy the rule, the alleged misconduct “need not be of an evil or dishonest nature; simple mismanagement is sufficient.”

The Court also reasoned that the judiciary has a statutory duty of appointing an interpreter to assist the defendant throughout the proceedings:

“Reliable interpreter services are necessary to secure a non-English speaking defendant’s fair trial rights. Thus, to assist a defendant throughout the proceedings, the interpreter must actually deliver translation services throughout the proceedings.”

The purpose of CrR 8.3(b) is to ensure fairness to defendants by protecting their right to a fair trial. Thus, when mismanagement by court personnel prevents a defendant from receiving reliable interpreter services and effective assistance of counsel for more than one year, the defendant has a viable claim of “governmental misconduct” consistent with the text and purpose of CrRLJ 8.3(b).

Here, the Court of Appeals reasoned that “governmental misconduct” can extend to mismanagement by court administration.

“We need not decide the exact types of court mismanagement that could warrant relief or when dismissal is an appropriate remedy for such mismanagement,” said the Court. “On the record before us, the State does not establish that the trial court erred in its conclusion that CrRLJ 8.3(b) may extend to a court’s administrative mismanagement of its statutory obligation to provide translator services.”

With that, the COurt of Appeals affirmed the dismissal of all charges.

My opinion? Good decision.

Court interpreters are important in legal proceedings, especially when criminal charges are involved. Interpreters ensure that defendants fully understand the charges and the proceedings. Indeed, the constitutional right to simply understand the charges and their maximum consequences is captured under the 6th Amendment.

Please contact my office if you, a friend or family member are charged with a crime and they need an interpreter to move forward in their defense. Hiring a competent, experienced attorney is the first and best step toward achieving justice.

New Year’s Eve DUI Patrols

Image result for A New Year but an old truth- There’s no safe place for impaired drivers to hide. 

The WA State Patrol (WSP) issued a press release stating WSP Troopers will be out looking for impaired drivers this week in preparation for the New Year. Patrols will be increased to include Troopers brought out to supplement regularly assigned patrols. WSP has partnered with five other states to form the Western States Traffic Safety Coalition. Washington, Oregon, California, Idaho, Nevada and Arizona are working together to save lives by removing impaired drivers from all of our roadways. The message is clear; A New Year but an old truth- There’s no safe place for impaired drivers to hide.

These extra patrols will include specially trained troopers to help identify and detect drug impaired drivers. Most WSP troopers receive additional training in drug impaired driver detection. This training, Advanced Roadside Impaired Driving Enforcement (ARIDE) is specifically focused on detecting drivers impaired by drugs. Troopers trained as Drug Recognition Experts (DRE) will also be out to assist in identifying and detecting drug impaired drivers. DREs receive training to identify what drugs a driver may be impaired by.

Please contact my office if you, a friend or family member face DUI or any other alcohol-related driving crimes. It’s imperative to hire an experienced defense attorney who is knowledgeable of DUI defense.

Vacate Your Pot Conviction

Image result for vacate pot marijuana conviction
On Sunday, June 28th the Marijuana Justice Initiative was signed by Governor Jay Inslee. Consequently, many people with misdemeanor or gross misdemeanor marijuana convictions in Washington state can apply to have those convictions wiped from their records. The new law expands on the governor’s pardon offer in a few ways:
  • A pardon does not vacate a conviction.
  • People with multiple marijuana misdemeanor convictions are eligible.
  • The date of the conviction doesn’t matter.
  • The new law applies to violations of municipal ordinances, not just state law.

If you’re looking to get a conviction vacated, and none of the above limitations apply to you, the process is relatively simple:

  1. Find the court where your conviction occurred. If you’ve been convicted in multiple courts, you’ll need to apply in each court separately.
  2. Fill out the proper paperwork. The form you’ll submit is called a Motion and Declaration for Order Vacating Marijuana Conviction.
  3. File your motion with the court clerk’s office and ask to schedule a hearing. Follow their instructions from there.

Once a court vacates a conviction, the person is clear of all penalties that resulted from it, and it can’t be considered during sentencing for any subsequent conviction, according to a legislative analysis of the bill. Further, a person who has a conviction vacated can state that they have never been convicted of the crime when applying for housing or employment.

My opinion? This is excellent, progressive step toward decriminalizing low-level drug crimes. Please contact my office if you, a friend or family member are charged with a drug crime. Although Washington State passed initiatives which legalized marijuana possession, it’s comforting that our politicians are moving forward with legislation that gives defendants opportunities to vacate low-level marijuana convictions.

Washington Crime Report Released

Image result for crime report

The Washington Association of Sheriffs and Police Chiefs (WASPC) just released its 2017 Crime in Washington Annual Report.

It was compiled from data submitted to the Washington State Uniform Crime Reporting Program of the WASPC by Washington State law enforcement agencies.

FACTS AT A GLANCE

  • In 2017, Crimes Against Persons showed an increase of 0.4% with 84,145 offenses reported; compared to 2016 offenses reported of 83,771.
  • In 2017, Crimes Against Property showed an decrease of 6.7% with 295,274 offenses reported; compared to 316,361 offenses reported in 2016.
  • In 2017, Crimes Against Society showed an increase of 5.9% with 32,011 offenses reported; compared to 30,230 offenses reported in 2016.
  • Group A offenses were cleared by arrest or exceptional means 25.6% of the time.
  • The crime rate (per 1,000 in population) for Group A offenses was 69.1.
  • The total arrest rate per 1,000 in population was 25.6.
  • Juveniles comprised of 6.9% of the total arrests.
  • Domestic Violence offenses made up 50.4% of all Crimes Against Persons.
  • A total of 25,400 persons were arrested for DUI, including 163 juveniles.
  • A total of 531 hate crime incidents were reported.
  • There were a total of 1,643 assaults on law enforcement officers and no officers killed in the line of duty.
  • Full-time law enforcement employees totaled 15,873; of these 11,078 were commissioned officers.
  • There were 11,986 arrests for drug abuse violations; of that number, 10.2% were persons under 18 years of age.
  • Possessing/concealing of marijuana constituted 16.7% of the total drug abuse incidents; the distributing/selling of marijuana accounted for 1.1% of incidents(type of criminal activity can be entered three times in each incident).
  • Possessing/concealing of heroin constituted 32.2% of the total drug abuse incidents; the distributing/selling of heroin accounted for 4.6% of incidents (type of criminal activity can be entered three times in each incident).
  • The weapon type of “Personal Weapons” (hands, fists or feet) was reported in 51,817 incidents; firearms were reported in 8,465 incidents (up to three weapons can be reported in each incident).
  • There were 6,212 sexual assault (forcible and non-forcible) incidents reported in 2017. There were a total of 6,212 victims in these incidents; with a total of 6,300 offenders.
  • There were a total of 54,294 domestic violence incidents reported; 12,023 of these incidents were Violations of Protection or No Contact Orders.

Overall, the data is very interesting.

Please contact my office if you, a friend or family member are charged with a crime. Consultations are free. I provide effective criminal defense for people charged with felonies and misdemeanors. It is extremely important to hire an attorney like myself who is willing to devote significant attention to the case. I say this because people convicted of a crime face more than just criminal penalties. They also face a potential lifelong social stigma, as well as diminished employment, housing and educational opportunities. I proudly represent clients in Skagit and Whatcom County, Washington.