Category Archives: Mount Vernon Criminal Defense Attorney

Bounty Hunters

Bellingham Defense Attorney, Bounty Hunters, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Excellent article by of the Seattle Times reports that obtaining a Bounty Hunter’s license in Washington is relatively easy, and hardly anyone is turned away — even if they have a history of violence.

VIOLENCE BY BOUNTY HUNTERS IS INCREASING

According to Zhang, local bounty hunters have become increasingly violent. For example, in 2016, a bounty hunter shot and killed a fugitive’s mother in Graham, Pierce County, in a botched apprehension attempt. The bail-recovery agent in that case obtained a license despite three previous arrests for domestic violence and harassment.

That same year, three bounty hunters armed with guns and tear gas stormed a motel room in Spokane, sending other guests fleeing and illegally detaining an occupant who was not their target. One of the bounty hunters had been charged with crimes ranging from aggravated battery to resisting arrest, and had a felony conviction for grand theft that was later vacated — all before he was granted his license. He and another bounty hunter pleaded guilty to criminal mischief in the hotel case; the third was acquitted by a jury.

LICENSING REQUIREMENTS TOO LOW?

Washington state law does not prohibit people with criminal histories from becoming bounty hunters. Instead, the Department of Licensing reviews the legal histories of applicants case by case to determine whether they should be disqualified.

 Apparently, the standards for becoming a bounty hunter are somewhat lax. As of June, the department had rejected only two out of nearly 400 new bounty-hunter applications submitted over the past decade. Of 187 licensed bounty hunters as of June, 75 had been charged with a felony or misdemeanor, most before they applied. Of those charges, nearly three-quarters led to criminal convictions that included felony assault, burglary, misdemeanor harassment, disorderly conduct and driving under the influence.
To get a license, an applicant must take 32 hours of training, which can include self-study, and must pass a 50-question, multiple-choice exam. The state has no formalized curriculum or certification process for instructors. Only the person teaching the firearms portion of the training is required to be certified through the state.

Unlike Washington, New York and New Jersey require applicants to have at least three and five years of law-enforcement experience, respectively. New York regulates who can train bounty hunters and approves the curriculum.

New York also considers arrests and a history of criminal charges on top of convictions in approving applications, said Robert McCrie, professor at John Jay College of Criminal Justice. “If someone has a series of arrests that shows propensity for violence, officials at the Division of Licensing Services can reject them.”

HIGHLY UNREGULATED AND VERY UNTRAINED

Zhang reports that bounty hunters have sweeping powers to apprehend fugitives, in contrast to police officers, thanks in part to the 1872 U.S. Supreme Court case Taylor vs. Taintor. They can enter homes without warrants; they can break down doors without knocking or announcing themselves; and they can transport fugitives across state lines without extradition orders.

“The bail-bonds-recovery industry has been highly unregulated and very untrained,” said Brian Johnson, a professor studying the American bail-bonds recovery industry at Grand Valley State University in Michigan. In most states, commercial bail bondsmen and the bounty hunters they hire are an integral part of the justice system.

When suspects are arrested, a judge can release them on their own recognizance or on bail to ensure they show up for court. If the defendants can’t afford bail, they can turn to private bail-bond companies, which will post it for them, typically for a fee of about 10 to 15 percent of the bond. If a defendant doesn’t show up for court, the company is on the hook for the full amount, unless it can apprehend the defendant and return him or her to court.

That’s where bounty hunters come in.

INCREASE TRAINING?

Former state Sen. Adam Kline, who sponsored a bill that passed in 2008 increasing mandatory training hours from four to 32, called the department’s background-check system concerning.

“The DOL needs to be very clear that no felony and violence-related convictions, even if they have been vacated, should be permitted,” he said. Kline said he also considers the current lack of training oversight troubling, and said the Legislature should strengthen regulations.

Please read my Legal Guide titled Making Bail and contact my office if you, a friend or family member are charged with a crime, are out on bail and failed to appear for court. Trust me, quashing a warrant is far easier than dealing with bounty hunters. Hiring an effective and competent defense attorney is the first and best step toward justice.

Pot Convictions Pardoned

Bellingham Defense Attorney, Drug Offenses, marijuana, Mount Vernon Criminal Defense Attorney, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Image result for pot convictions pardoned

Informative article by Jim Brunner and of the Seattle Times reports that Gov. Jay Inslee will offer pardons to thousands of people with misdemeanor marijuana convictions, in an effort to help them move on from minor criminal records that can hinder housing and job prospects.
Under the plan, Inslee will pardon anyone who has an otherwise clean criminal record but with a sole conviction as an adult for misdemeanor possession of marijuana in Washington state.
Such a conviction must have occurred under state law, not a local ordinance, between Jan. 1, 1998, and Dec. 5, 2012, the effective date of Washington’s voter-approved Initiative 502, which legalized marijuana possession for users age 21 and older. The governor’s office estimates 3,500 people will be eligible for the pardons under its criteria.
Inslee announced his plan, called the Marijuana Justice Initiative, Friday morning in SeaTac at the Washington State Cannabis Summit, an annual conference sponsored by the legal marijuana industry.
“We shouldn’t be punishing people for something that is no longer illegal behavior in the state of Washington,” Inslee said at the event. He said he believes there is broad public support for the expedited pardon process.
When running for governor as a Democrat in 2012, Inslee opposed I-502, the marijuana-legalization measure. But he has since grown boosterish about the state’s marijuana trade, boasting to talk-show host Bill Maher last year that “we’ve got the best weed in the United States of America.”
Sheri Sawyer, a senior policy adviser to the governor, said Inslee’s pardon plan was motivated in part by the disproportionate impact of drug convictions on people of color.

People seeking a pardon can apply by filling out a simple petition form on the governor’s office’s website.

The new pardon process will allow applicants to skip the usual step of making a request to the state’s Clemency and Pardons Board, which typically reviews requests and makes recommendations to the governor, said Tip Wonhoff, the governor’s deputy general counsel.

For people granted pardons, the governor’s office will ask the State Patrol to remove those convictions from the criminal-history reports that are available to the public, though the records will remain available to law enforcement, according to a summary of the pardon plan provided by the governor’s office. Records also will remain in court files unless petitioners successfully petition to have them vacated by the court that imposed the sentence.

The pardon announcement comes amid Inslee’s well-publicized explorations of a 2020 presidential run. While relatively unknown in the field of potential Democratic contenders, Inslee has formed a federal political-action committee and garnered attention for making climate change the centerpiece of his potential national campaign.

Inslee’s advisers said he supports more sweeping legislation that would allow anyone with a misdemeanor adult marijuana-possession conviction to have it removed from their records.

A bill proposed in 2017 by Rep. Joe Fitzgibbon, D-Burien, would require sentencing courts to grant any person’s request to vacate such convictions. The proposal received a hearing but did not advance in the Legislature.

The city of Seattle has taken action to expunge old marijuana records. After a request by City Attorney Pete Holmes, Seattle Municipal Court judges last year moved to vacate convictions and dismiss charges for as many as 542 people prosecuted for marijuana possession between 1996 and 2010, when Holmes’ office ceased prosecuting marijuana possession.

My opinion? Kudos for Governor Inslee for making a bold step in the right direction. Washington has moved beyond prosecuting people for minor marijuana offenses. It seems right to vacate criminal convictions for these same offenses.

Please contact my office if you, a friend or family member face Drug Charges. Being convicted can limit career, housing and travel opportunities. Hiring qualified counsel is the first step toward gaining justice.

Words Alone

Assault, Bellingham Defense Attorney, felony, Jury Trial, Mount Vernon Criminal Defense Attorney, Self-Defense, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Image result for arguing

In State v. Kee, the WA Court of Appeals held that words alone are not sufficient to make a defendant the primary aggressor in an altercation.

BACKGROUND FACTS

The State charged Ms. Kee with the second degree assault of Mr. Ostrander based on an
incident on August 1, 2016. Kee punched Ostrander in the face and broke his nose.

Apparently, they exchanged words when Kee was walking down the street playing her radio loud. Eventually, they engaged in mutual combat by hitting each other back and forth several times.  Although Ostrander struck Kee in the face several times, Kee’s final blow to Ostrander broke Ostrander’s nose.

The case proceeded to a jury trial. Kee’s defense was self-defense.

At trial, the State proposed a first aggressor jury instruction. Kee objected to the instruction, arguing that it was not supported by the evidence presented at trial. The trial court disagreed and gave the following first aggressor jury instruction:

“No person may, by any intentional act reasonably likely to provoke a belligerent response, create a necessity for acting in self-defense and thereupon use, offer or attempt to use force upon or toward another person. Therefore, if you find beyond a reasonable doubt that the defendant was the aggressor, and that [the] defendant’s acts and conduct provoked or commenced the fight, then self-defense is not available as a defense.”

The jury found Kee guilty of second degree assault. She appealed on arguments that the trial court erred because its jury instruction denied her the ability to argue her theory of self-defense. Specifically, Kee argued there was insufficient evidence to justify a first aggressor jury instruction because words alone do not constitute sufficient provocation.

COURT’S ANALYSIS & CONCLUSION

Ultimately, the Court of Appeals agreed with Kee. It held that although sufficient evidence supported the first aggressor jury instruction, the trial court nevertheless erred in giving the jury instruction without also instructing the jury that words alone are not sufficient to make a defendant the first aggressor.

The Court reasoned that generally, a defendant cannot invoke a self-defense claim when she is the first aggressor and provokes an altercation. Also, a first aggressor jury instruction is appropriate when there is credible evidence from which a jury can reasonably determine that the defendant provoked the need to act in self-defense.

Nevertheless, the Court of Appeals also reasoned that although there was evidence of a physical altercation,  their interaction started with a verbal altercation. Therefore, the evidence supported a finding that Kee’s words, rather than her physical acts, first provoked the physical altercation.

“By failing to instruct the jury that words alone are insufficient provocation for purposes of
the first aggressor jury instruction, the trial court did not ensure that the relevant self-defense legal standards were manifestly apparent to the average juror,” said the Court of Appeals. “Moreover, the trial court’s instructions affected Kee’s ability to argue that she acted in self-defense.”

Accordingly, the Court of Appeals reversed Kee’s conviction.

My opinion? Good decision. I’ve conducted many jury trials involving defendants who acted in self-defense to assault allegations. Under the law, self-defense is an affirmative defense to assault charges. In my experience, prosecutors combat a defendant’s self-defense theories by trying to prove the defendant was the primary aggressors. If successful, then the jury cannot consider whether the defendant acted in self-defense. The “aggressor “juror instruction exists to  nullify, circumvent and/or defeat a defendant’s self-defense claim.

State v. Kee is pertinent to the issue of whether words alone exchanged between two participants who willingly fight each other – whether words alone – allow the jury to decide if the defendant was the primary aggressor. Of course not! By themselves, words are not enough, and the Court of Appeals agreed. Indeed, words can be quite motivational for people to engage in mutual combat similar to the parties in State v. Kee. And by the way, mutual combat is lawful because Washington imposes no duty for either party to retreat from a fight.

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. Davis: Unlawful Possession of Firearms, Rendering Criminal Assistance and Exceptional Sentences.

Bellingham Defense Attorney, Constitutional Rights, Due Process, Evidence, Exceptional Sentencing, felony, Firearm, Homicide & Manslaughter, Jury Trial, law enforcement, Mount Vernon Criminal Defense Attorney, police, Probable Cause, Rendering Criminal Assistance, Sentencing, Skagit County Criminal Defense, Violent Crime, Washington Court of Appeals, Washington Supreme Court, Whatcom County Criminal Defense, , ,

Sherrard man to serve 7 years in prison for possession of stolen guns | wqad.com

WA Supremes gave an interesting opinion touching upon the defendants who were allegedly involved in the Lakewood police officer shootings from last year. In short, the Supreme Court could not reach a 5-4 majority opinion on the issue of whether the State lacked evidence to support the defendant’s convictions for Possession of a Stolen Firearm. However, the State reached a majority “No” decision on the issue of whether Exceptional Sentence applied to this case. 

The underlying facts of State v. Davis are notorious and undisputed. On Sunday, November 29, 2009, Clemmons entered a coffee shop just before 8:00 a.m. with two handguns and began shooting at four Lakewood police officers, fatally wounding three. The fourth officer struggled with Clemmons and shot Clemmons once in the side, but Clemmons wrested the fourth officer’s gun from him, fatally shot him, and left with the stolen gun.

While on the run, Clemmons contacted defendants Eddie Lee Davis and Letrecia Nelson shortly after the murders. Clemmons went to Davis’ home, requested a ride to a house in Auburn, and said he had been shot while killing four police officers. Davis drove Clemmons to Nelson’s home. Nelson let Clemmons and Davis inside. Clemmons told Nelson he had killed four police officers, been shot in the process, and stolen one officer’s gun.

At Clemmons’ request, he was given fresh clothing and help treating his gunshot wound. Nelson put some clothes and the stolen gun in a shopping bag that was left on a counter. Just before leaving, Clemmons asked where the gun was. Davis replied that it was in the bag on the counter and gave the bag to Clemmons. He left the home with the gun, and remained a fugitive from justice. On December 1, 2009, 2-3 days after the incident, Clemmons was gunned down by a Seattle Police Officer who pulled his car over.

Based on their actions following that contact, Davis and Nelson were charged by the Prosecutor and convicted at jury trial of Rendering Criminal Assistance and Possession of a Stolen Firearm. Davis was also convicted of Unlawful Possession of that self-same firearm. The conviction was appealed, and found its way to the WA Supreme Court.

The Court addressed the issues of whether (1) sufficient evidence supported Davis’ and Nelson’s convictions relating to possession of a firearm, and (2) whether the exceptional sentences for rendering criminal assistance factually were legally justified.

1. UNLAWFUL POSSESSION OF A FIREARM

The 4-person “majority” Court answered “Yes” to the question of whether sufficient evidence existed to support the convictions. The court reasoned there are two types of control: actual and constructive. A person actually possesses something that is in his or her physical custody, and constructively possesses something that is not in his or her physical custody but is still within his or her “dominion and control.”

For either type, to establish possession the prosecution must prove more than a passing control; it must prove actual control. The length of time in itself does not determine whether control is actual or passing, and whether one has actual control over the item at issue depends on the totality of the circumstances presented.

In light of the totality of the circumstances, the Court was convinced that the State presented sufficient evidence to support a finding that Clemmons temporarily relinquished control over the stolen gun to Davis and Nelson while his wound was treated and he changed clothes. There was no testimony that Clemmons made any specific requests or orders as to what should be done with the stolen gun while he was at Nelson’s home, and he did not even know where the gun was until he was ready to leave about 15 minutes later.

t is reasonable to infer that someone else decided what to do with the gun and that the decision-makers were Nelson and Davis because Nelson retrieved the shopping bag and put the gun inside it and Davis immediately responded when Clemmons asked where the gun was. Furthermore, both Nelson and Davis retained the ability to take further actions as to the gun until the time Davis gave it back to Clemmons because they knew where it was and Clemmons did not. Therefore, the court believed there was actual control sufficient to establish constructive possession.

2. EXCEPTIONAL SENTENCES

The Court answered “No” to the issue of whether the defendants should receive an exceptional upward sentence for their convictions. The Court said Exceptional Sentences are intended to impose additional punishment where the particular offense at issue causes more damage than that contemplated by the statute defining the offense. In that situation, the standard penalty for the offense is insufficient and an exceptional sentence based on an “aggravating factor” found by the jury remedies that insufficiency.

Here, the Court reasoned that, as a matter of law, the “aggravating factor” at issue cannot apply to Rendering Criminal Assistance charges.  Here, the “victim” was the public at large. However, Exceptional Sentences apply where there is “a destructive and foreseeable impact on persons other than the victim.” Because Rendering Criminal Assistance victimizes the general public, every member of the public is part of the victim class. There is no “other.” Therefore, the exceptional sentences imposed on Davis and Nelson were not legally justified.

The WA Supreme Court was highly divided on this issue. Justice Wiggins appeared to be the swaying vote. He concurred with the dissenting opinion that the evidence was insufficient to sustain Davis’s and Nelson’s firearm possession convictions. However, Justice Wiggins concurred with the majority opinion as far as the decision that the Exceptional Sentences imposed for Eddie Davis’s and Letricia Nelson’s convictions for Rendering Criminal Assistance were not legally justified.

Ultimately, the WA Supreme Court reversed the Court of Appeals and remand for further proceedings.

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. McCormick: Sex Offender’s Suspended Sentence Remains Revoked

Bellingham Defense Attorney, Due Process, Mount Vernon Criminal Defense Attorney, Rape, Sentencing, Sex Crimes, Skagit County Criminal Defense, Washington Supreme Court, Whatcom County Criminal Defense, , ,

PPT - The Basics of Sex Offender Sentencing in Washington PowerPoint Presentation - ID:253013

In State v. McCormick, the WA Supreme Court held the plain language of Washington’s SSOSA statute does not require proof that a violation was willful before a SSOSA sentence may be revoked.

David McCormick was convicted of first degree rape of a child for raping his 11-year-old granddaughter. He was sentenced to over 10 years in prison, but given a special sex offender sentencing alternative (SSOSA) that suspended the prison term provided he abide by certain restrictions, including that he “not frequent areas where minor children are known to congregate”

Unfortunately, McCormick’s community corrections officer was tipped off that McCormick had been regularly visiting a St. Vincent De Paul Food Bank located in a building used as part of an elementary school. This was not McCormick’s first violation of the SSOSA terms, and the trial court revoked the sentencing alternative.

McCormick argued that the State should have been required to prove that his violation was willful, that the state and federal constitutional guarantees of due process require proof that such a violation was willful before revoking a suspended sentence, and that there was insufficient evidence.

However, the Court held that the plain language of the SSOSA statutes do not require proof that a violation was willful before a sentence may be revoked, that post-conviction due process requirements do not require proof of willfulness, and that there was sufficient evidence to support the trial court’s decision. Justice Fairhurst wrote the majority opinion and was joined by seven other justices.

Justice Sanders dissented, asserting that “[t]he State should at least be constitutionally required to prove McCormick reasonably should have known the food bank was an area where minors are known to congregate.”

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.

When Men Are Victims of Domestic Violence

911 Call, Assault, Bellingham Defense Attorney, Domestic Violence, felony, misdemeanor, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , ,

Male domestic abuse victims 'suffering in silence' - BBC News

An article on msn.com discusses Domestic Violence when the perpetrator is female and the victim is male.

According to the article, a recent study showed that 64 percent of the men who called a DV hotline were told that they “only help women,” and only half were referred to programs for male perpetrators.  Overall, only 8 percent of the men who called hotlines classified them as “very helpful,” whereas 69 percent found them to be “not at all helpful.”  Worse, when an abused man called the police, the police were more likely to arrest him than to arrest his abusive female partner.

My opinion?

I’ve handled hundreds of domestic violence (DV) cases.  Truthfully, female-on-male DV doesn’t happen often.  Indeed, I can count ON ONE HAND cases I’ve worked where a female defendant abused her male boyfriend/husband.  Either it rarely happens, or doesn’t get reported.  Probably both.

Still, it’s shameful that female-on-male DV isn’t taken as seriously.  Societal norms probably have much to do with it (men are physically stronger, they should have the wherewithal to “handle” an angry/violent female, etc.).

You should know this, however: BY WASHINGTON STATUTE, POLICE MUST ARREST SOMEONE IF THEY ARE SUMMONED VIA 911 PHONE CALL.  There’s no getting around it.  No arguing with police.  They will arrive, separate you two, investigate the scene, gather evidence, interview witnesses, determine who the primary aggressor is, and arrest them.

In addition, a DV perpetrator can be charged with Interfering With a 911 Call – a gross misdemeanor – if the perpetrator attempts to stop the victim from calling the police.

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.

Imprisoned Undocumented Immigrants May Soon Face Early Deportation

Bellingham Defense Attorney, Constitutional Rights, Immigration, Immigration & Customs Enforcement (ICE), Jail, Legislation, Mount Vernon Criminal Defense Attorney, Sentencing, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , ,

How the Deportation Machine Criminalizes Immigrants | The Nation

Hundreds of undocumented immigrants in Washington state prisons will be deported at the end of their sentences. But state officials want to deport many of them early — without serving prison sentences — to save money.

One option is the increased enforcement of a statute which allows for the early deportation of undocumented immigrants who’ve committed non–violent crimes.  Although this law has been on the books for years, it rarely is applied.  Generally, prosecutors do not agree to early deportations without jail because, in their view,  it greatly reduces the consequences for committing a crime.

Nevertheless, prosecutors may be warming up to these early deportations. The head of the Washington Association of Prosecuting Attorneys testified in support of the earlier legislation. Immigration advocates also favor the plan.  Finally, Governor Gregoire has called for a specific agreement between the Department of Corrections and federal immigration authorities which would facilitate such a plan.  It also requires approval from prosecutors and judges.

However, the statute carries a double-whammy: although deportees avoid jail time, they shall be charged with a federal felony if they return.  Additionally, they shall serve the maximum amount of jail which was suspended upon their deportation.  Government data show that illegal re–entry after deportation is the most prosecuted federal crime.  Arizona prisons use a similar deportation program, however, and the re–offender rate is about 2%.

As a side note, illegal immigrants are automatically deported if they commit crimes exposing them to 1+ jail sentence (gross misdemeanors and felonies).  In the case of nonviolent crimes and defendants with little or no history, some prosecutors will agree to a maximum exposure of 364 days instead of 365.  This solution altogether avoids the deportation of illegal immigrants whom the prosecutors deem worthy to stay in the U.S.

Typically, when it comes to the possible deportation of a defendant, prosecutors review the circumstances surrounding the crime, employment history, family ties, immigration status, etc.  These factors affect a prosecutor’s willingness to negotiate.

My opinion?  I support the legislation.  With some reservation.  My #1 concern is ensuring due process rights are not violated.  Defense attorneys MUST ensure the defendant/deportee knows they will serve a HUGE amount of jail — in a federal institution, no doubt — if they return to the U.S. after being deported early.

For that very reason, I believe we’ll see more undocumented defendants exercising their rights to jury trial.  After all, what do they have to lose when negotiations fail?  These defendant already face early deportation, coupled with the threat of prosecutors stacking federal charges if the deportee returns illegally.  Force the government to prove the charges!

Interesting times . . .

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.

Law Firm Client Obtains $150,000 Damages Award for Police Negligence

911 Call, Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Police Misconduct, Skagit County Criminal Defense, Whatcom County Criminal Defense, , ,

Victoria Walker (icymocha5150) on Myspace

Good news. The Law Offices of Alexander Ransom, PLLC., obtained a $150,000.00 settlement against Island County in a police misconduct lawsuit.

As reported in the South Whidbey Record, the 2006 incident was one of the biggest scandals in memory for the Island County Sheriff’s Office.

Client Victoria Walker was held against her will and assaulted by a friend at his parent’s cabin. She called 911 from the cabin two times. The sheriff deputy who was dispatched to the 911 call merely knocked on the door, talked to Victoria’s friend and departed the scene without speaking to Victoria at all. In short, the deputy failed to adequately respond. Ms. Walker eventually escaped from the cabin and contacted authorities. The deputy was terminated from employment.

Mr. Ransom filed a public disclosure request seeking all information regarding the case. He obtained police reports, internal investigation reports, an arbitration decision, and a past disciplinary notice given to the deputy for similar failures to respond. Mr. Ransom also filed a Notice of Claim against Island County claiming police negligence.

The case was resolved through out-of-court negotiations with the Washington Counties Risk Pool.

Ms. Walker reports she is “extremely happy with the outcome,” and “hope(s) these circumstances never happen again for anyone else.”

Congratulations, Victoria!  You were my good friend long before you were my client. I cherish our memories. Ride or die 4-evah!

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.