Category Archives: Skagit County Criminal Defense

House Bill 1054

emi koyama (@emikoyama) | Twitter

Excellent article by Melissa Luck of the yaktrinews.com reports that House Bill 1054 would limit law enforcement officers from using controversial police tactics like chokeholds and tear gas.

Ending Money Bond

VICTORY: Illinois Just Passed the Pretrial Fairness Act and Ended Money Bail  – Chicago Council of Lawyers

Illinois is poised to become the first state in the country to end the use of wealth-based pre-trial detention. The change has been a long time in the making – so long that one of the first organizers working to change the Illinois bail system six years ago got elected to the state senate and became a co-sponsor of the Pre-trial Fairness Act.

In courtrooms across the US, pre-trial release payments, called bond or bail, create dual systems of justice – one for the wealthy who can pay their way out of pre-trial incarceration and another for those who can’t afford it. Studies have also shown that hundreds of thousands of Americans like Mayes end up pleading guilty or receiving harsher sentences because of unaffordable bonds, whether or not they are guilty.

My opinion? Let’s see what happens. Numerous studies have shown that bail does little to achieve its intended purpose of ensuring court attendance – people released on their own recognizance were just as likely to come back to court for their trials as people who posted money bond and no more likely to reoffend awaiting trial.

Wealth-based detention is at its core, a racial justice issue. Across the country, Black, Latino and indigenous people are detained pre-trial at far higher rates than people of other ethnicities. If given a money bail, Black people receive significantly higher bail than all other ethnic and racial groups and are less likely to be able to post the bail amount. Bail is usually set by judges in less than a minute and people with almost identical charges are often assigned bails that differ by tens of thousands of dollars.

Please read my Legal Guide titled Making Bail and 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.

WA: Bad State to Drive

New Jersey - We Live In The 8th Worst State To Drive In

Apparently, Washington is one of the nation’s worst states to drive in, according to a new study released Tuesday.

The study, by personal finance website WalletHub, found that Washington ranks as the third-worst state for drivers, thanks mainly to steep gas prices, high rates of car theft, poor overall road quality, traffic congestion and other factors.

The only states with a worse rating than Washington are California and Hawaii, the report found. The best state for drivers is Texas, followed by Indiana at No. 2 and North Carolina at No. 3, according to the analysis.

The study arrived at the rankings by comparing all 50 states across 31 key metrics, such as traffic congestion, gas prices, auto maintenance costs, car theft rate and number of days with precipitation.

Specifically, the analysis found that Washington has the third-highest gas prices in the nation, the eighth-worst roads and ninth-highest car theft rate.

The only categories in which Washington was rated above average were its overall safety ranking, the number of car dealerships per capita and the number of auto repair shops per capita. The study also found that traffic congestion costs U.S. drivers $88 billion per year and wastes 99 hours of their time.

It’s also heartening to officials with Washington State Patrol and the Washington Traffic Safety Commission, which are among the agencies working toward Target Zero, a statewide effort to eliminate all fatal and serious injury traffic incidents by 2030. Critics of strict enforcement of speed limits charge that the link between speed and safety is exaggerated because of biases embedded in data collection and inaccuracies found in some police reporting on accidents.

Please contact my office if you, a friend or family member are charged with a driving-related crime like Distracted Driving, Reckless Driving, Vehicular Assault, DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Jail Phone Calls

SUNDAY EDITION | Kentucky jails scrutinized for recording attorney-inmate  phone calls | In-depth | wdrb.com

My clients in jail often ask me whether their phone calls from jail are recorded by the jail staff. In short, yes, they are. A recent case gives helpful insight to this  issues.

In  State v. Koeller, the WA Court of Appeals held that a jail inmate’s phone call with counsel that was recorded and was accessed by a deputy prosecuting attorney (DPA) did not establish a basis for dismissal of charges.  The DPA was the only person who accessed the 15-minute long call, and he stopped listening to the call after 8 seconds when he recognized defense counsel’s voice.

BACKGROUND FACTS

The defendant Mr. Koeller was alleged to have sexually abused his stepdaughter for years. The State also alleged aggravating circumstances of domestic violence and of an ongoing pattern of sexual abuse.

The Island County jail records incoming and outgoing phone calls, except for calls from attorneys. On October 11, 2017, Defense Counsel Mr. Platt provided his cell phone number to the Island County jail so the automated recording system would not record any calls made between him and the defendant Mr. Koeller. The jail failed to do so.

The next day, Island County chief criminal deputy prosecutor (Prosecutor) checked the automated recording system and saw Koeller made an outgoing, 15-minute phone call that day. Prosecutor began playing the call and heard Defense Counsel’s voice, so he shut off the recording. Prosecutor heard only eight seconds of the phone call. He immediately told Defense Counsel about the recording and told the jail to register Defense Counsel’s phone number because it had failed to shield Platt from being recorded.

On March 26, 2019, about one week before the scheduled start of trial, Koeller filed a CrR 8.3(b) motion to dismiss as a result of the recording. The court denied the motion. In its ruling, the court found no one else “in connection with the State of Washington listened to the conversation.”

At trial, Koeller was convicted of multiple charges, including first degree child molestation. He appealed on arguments that the trial court mistakenly denied his Motion to Dismiss.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals reasoned that a criminal defendant has a constitutional right to confer privately with Defense Counsel. Where the government violates this right, it creates a rebuttable presumption of prejudice to the defendant.

Here, however, Prosecutor heard only eight seconds of the call between Koeller and Defense Counsel. He heard no substance of the conversation and no one else in connection to the Prosecutor’s Office listened to the conversation. The State did not obtain any information material to the defense.

“Although Koeller argues the court abused its discretion because the State did not prove Chief Briones did not listen to the call, the trial court found otherwise, and its finding is supported by substantial evidence. Because the court’s findings support its conclusion that Koeller was not prejudiced, the court did not abuse its discretion by denying the CrR 8.3(b) motion to dismiss.” ~WA Court of Appeals.

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.

Covid & Drug Overdoses

Coronavirus Leads to More Drug Overdose Deaths · Napoli Shkolnik

Excellent article by Adriana Belmonte of yahoo!news reports that the Coronavirus Pandemic has had devastating mental health effects on Americans, and drug abuse is hitting record levels.

New data from the Centers for Disease Control and Prevention (CDC) revealed that over 81,000 drug overdose deaths occurred in the U.S. in the 12-month period ending in May 2020. That’s the highest number ever recorded by the CDC.

“This pandemic and all that’s come along with it has really just exacerbated those vulnerabilities and the shortcomings of our own approach to treating those people.” ~Dr. Ryan Marino, a medical toxicologist and emergency physician based out of Ohio.

Ms. Belmonte reports that in San Francisco, the number of overdose deaths (621) outpaced COVID-related deaths (173) in 2020. And more than 40 states reported annual increases in opioid overdose deaths, “as well as ongoing concerns for those with a mental illness or substance use disorder,” according to the American Medical Association.

According to Belmonte, a CDC survey in June found that 40.9% of Americans reported at least one adverse mental or behavioral health condition, with 13.3% of respondents having started or increased substance use to cope with stress or emotions related to COVID-19:

Please contact my office if you, a friend or family member face criminal allegations such as Drug Charges, Assault or Domestic Violence. Chances are, the various compounding stresses brought by the Coronavirus Pandemic could factor into the allegations. Hiring and experienced and effective criminal defense attorney is the first and best step towards justice.

DUI’s Raise Insurance

Best Car Insurance Options After A DUI

Great article by Andrew Hammond of the Tacoma News Tribune says that according to the Northwest Insurance Council, extra patrols will be deployed to look out for impaired motorists this holiday season. And unfortunately, it doesn’t stop there.

Hammond also reports that NW Insurance Council President Kenton Brine said, “Long after the arrest, conviction, possible jail time and fines, the consequences of having a DUI citation can continue to increase the cost of insurance for offenders.”

“To an insurer, having a DUI indicates a highly risky driving history, which is a primary factor insurers use to determine auto insurance premiums. Insurance companies may review a motor vehicle report upon renewal of an auto policy to discover any citations, including a DUI. Drivers with an infraction for DUI would likely see a premium increase or surcharge, or their policy may not be renewed.”  ~Kenton Brine, President of the Northwest Insurance Council.

DUIs can be caused by the use of marijuana, prescription drugs and even over-the-counter drugs like Nyquil and Ambien as well as alcohol.

Please contact my office if you, a friend or family face alcohol-related charges as a result of holiday parties. Hiring an experienced criminal defense attorney is the first and best step towards justice.

Average Washingtonian Drinks Six Days in a Row During Holidays

Infographic: Drinking and DUIs During the Holidays

A survey from the Addiction-treatment.com shows that among 3,000 state residents 21 and older, the average Washingtonian drinks for six days in a row over the holiday season, without having a day off. It could be wine, beer, cider, or whatever a particular person’s choice is.

That puts Washington drinkers at the top of the list of states, according to the group. The average American drinks for four days in a row over the holidays, it says.

Some may be drinking to celebrate the end of 2020 but others may be drinking due to loneliness, depression and isolation. Here’s some other highlights from the organization’s 12 Days of Christmas infographic:

  • Almost half of respondents say drinking at Christmas is a family tradition.
  • Over 1 in 3 say they give alcohol as a gift to loved ones at Christmas.
  • A quarter admit they spike their morning coffee with alcohol during the holidays.

“It’s important that people not use the pandemic or the holidays to justify excessive drinking,” Brittney Morse, a spokesperson for Addiction-Treatment.com, said in a statement.

“We know that overindulgence in alcohol can start the process for bad habits and lead to unhealthy coping skills that could ultimately result in alcohol dependence. Now is a great time to establish new, healthy traditions that are not centered around the consumption of alcohol. This ensures every family member, even those in recovery, can enjoy the holiday traditions together.” ~Brittney Morse, a spokesperson for Addiction-Treatment.com

Please contact my office if you, a friend or family member are charged with a drug crime or alcohol-related crime over the holidays. The temptation to imbibe is especially pronounced these days due to the Coronavirus Pandemic. Hiring an experienced criminal defense attorney is the first and best step towards justice.

Prosecuting Poverty?

Seattle considers excusing misdemeanor crimes if they can be linked to poverty

Should we be prosecuting poverty? Great article by of KUOW reports that Seattle lawmakers are considering a law that would excuse suspects from most misdemeanor crimes if they can be linked to poverty or mental illness.

If approved, it would make the Emerald City the nation’s first to have such a measure on the books.

“Good prosecutors don’t take any satisfaction in prosecuting that type of offense.” ~Seattle City Attorney Pete Holmes

The Seattle City Council said the proposal, crafted with input from local public defenders, would excuse suspects from minor crimes like theft, trespassing, or assault — but not in cases of domestic violence or DUI, KUOW-TV reported.

“In a situation where you took that sandwich because you were hungry and you were trying to meet your basic need of satisfying your hunger, we as a community will know that we should not punish that,” Anita Khandelwal, King County Director of Public Defense, told KUOW. “That conduct is excused.”

Anita Khandelwal said the “poverty defense” isn’t meant to ignore the needs of businesses and others harmed by these offenses. She said the current system doesn’t provide them redress either, and it does more harm to offenders.

“It’s meeting nobody’s needs. This is not that we don’t care about the business community or about people who have experienced harm. It is that we know that this process – this processing of human beings through the system – is harmful to our clients and again very racially disproportionate, and also not getting business owners what they need either.” ~ Anita Khandelwal, King County Director of Public Defense,

The push comes as crime has spiked in Seattle this year, including during the Capitol Hill Occupied Zone protests in the city, Fox affiliate WSFX-TV reported.

At the same time, the city’s homeless population has risen by 5 percent since last year. However, not everyone in the Northwest city is on board with the proposed law change.

“It sends this powerful signal that as a city government, we don’t really care about this type of criminal behavior in our city,” former city councilman Tim Burgess told KUOW.

Burgess called the proposal “a defense lawyer’s dream.” Briefing documents say the Council would need to define whether the new affirmative defense applies only to someone meeting immediate basic needs, like stealing a sandwich in order to eat, or to items that are stolen for resale “so the defendant can pay rent.” Herbold says her committee will continue its work on the proposal in January.

Please contact my office if you, a friend or family member are charged with a crime like Theft, Possession of  Stolen Motor Vehicle, etc., and the Poverty Defense might apply. Hiring an experienced criminal defense attorney is the first and best step toward justice.

Survey Finds Binge Drinking Increased Nearly 20% Every Week of COVID Lockdowns

Study: Binge Drinking Increases With Every Lockdown Week - InsideHook

Apparently, binge drinking increases during Coronavirus lockdowns. According to a survey, adults consume more alcohol when lodged in their homes during coronavirus lockdowns.

Nearly 2,000 Americans over 18 years old completed the online questionnaire. It identified binge drinkers as those who consume five or more drinks within two hours for men and four or more drinks for women within the same period.

The survey found that the odds of consuming heavy amounts of alcohol jumped an extra 19% every week of lockdown.

“Increased time spent at home is a life stressor that impacts drinking and the COVID-19 pandemic may have exacerbated this stress,” ~survey/study author Sitara Weerakoon, an epidemiology PhD candidate at the University of Texas.

On average, every respondent was in lockdown for four weeks, spending 21 hours at home each day, with the majority (72%) working from home. Survey participants’ average age was 42, with the majority being white and female.

The odds of picking up a bottle of booze among binge drinkers were more than double that of regular alcohol consumers — 60% and 28%, respectively, according to the survey.

Binge drinkers also reported downing four drinks per drinking session, sometimes drinking a maximum of seven drinks. Meanwhile, regular alcohol drinkers consumed an average of two drinks per session, often capping out after that second beverage.

The researchers also found that living with children reduced the odds of drinking by 26% for people, in general, the release said.

My opinion? The Coronavirus Pandemic – mixed with the holiday season and the general uncertainty of politics and rampant unemployment – seems to have Americans turning to alcohol. Unfortunately, Domestic Violence and DUI cases tend to rise in situations like these.

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

The Consequences of Arrest Leads to Different Outcomes for Black, White Youth

Why are black kids arrested more often than white kids?C-VILLE Weekly

For black youth, the Consequences of Arrest by eighth grade predicts they will be arrested by young adulthood – but the same is not true for white youth, a new University of Washington study finds.

The study, titled, The Usual, Racialized, Suspects: The Consequences of Police Contacts with Black and White Youth on Adult Arrest, finds that Black young adults are 11 times more likely to be arrested by age 20 if they had an initial encounter with law enforcement in their early teens than Black youth who don’t have that first contact.

In contrast, white young adults with early police contact are not significantly more likely to be arrested later, compared with white peers without that history.

The study also found that Black youth are more likely than white youth to be treated as “usual suspects” after a first encounter with police, leading to subsequent arrests over time. Even as white young adults report engaging in significantly more illegal behavior, Black young adults face more criminal penalties, the study finds.

Researchers also said it’s not just the number of stops, but what transpires during a police stop that sets the tone for future interactions with police.

“What we know about police contacts and youth generally is that Black youth are more likely to be stopped by police to begin with, and are more likely to have a negative experience when that happens,” said first author Annie McGlynn-Wright, a postdoctoral fellow at Tulane University who led the study while pursuing her doctorate at the UW. “What we haven’t known previously is the long-term effects of police contacts in terms of criminal justice outcomes.”

Racial differences in who is stopped, why and for what penalty have been well documented, the researchers said. Also, police stops have been linked to individuals’ later run-ins with law enforcement.

While the data was collected in Seattle, researchers say the patterns they found are likely occurring in cities around the country — Seattle is “more like every other town” than some larger metro areas like Chicago and Philadelphia, where many criminal justice studies are located, noted co-author Robert Crutchfield, a professor emeritus of sociology at the UW.

“When police interact with communities, and young people in communities, they have to be especially mindful of the nature and substance of the encounters, and police really need training to avoid negative interactions. What we found is that contact matters. In this study, we couldn’t parse out the nature of the interactions, but I suspect most kids experienced the interaction in a negative way. The message is, cops need to do better to minimize unnecessary contacts, and when they do contact people, to treat them better.” ~Robert Crutchfield, UW Professor Emeritus of Sociology.

For this study, UW researchers wanted to examine the effects of the first stop on the lives of Black and white adolescents, and whether a stop in the early teen years is associated with “secondary sanctioning,” or a “usual suspects” treatment by police that plays out over future stops and/or arrests. The study is among the first to explore the racial differences in police contact over time.

It also comes during a period of significant reckoning over race and policing in the United States, after a series of law enforcement killings of Black people around the country. As communities grapple with how to address institutionalized racism, police procedures and accountability, many school districts, including Seattle, have ended their contracts with law enforcement agencies for school resource officers, the personnel who are assigned to specific school buildings. Research has shown that students of color are disproportionately subject to discipline and monitoring by school resource officers.

Please contact my office if you, a friend or family member are charged and arrested and race might play a factor in the charges. Hiring an experienced criminal defense attorney is the first and best step toward justice.