Category Archives: Studies

Threats To Federal Judges, Prosecutors Soaring

Studies, , ,

Judges, lawyers targets of violent crime - CNN Video

According to an article for Washington Post, threats against the nation’s judges and prosecutors have sharply increased, prompting hundreds to get 24-hour protection from armed U.S. marshals.  Many federal judges are altering their routes to work, installing security systems at home, shielding their addresses by paying bills at the courthouse or refraining from registering to vote.  Some even pack weapons on the bench.

Much of the concern was fueled by the slaying of U.S. District Judge Joan H. Lefkow’s husband and mother in their Chicago home in 2005 and a rampage 11 days later by an Atlanta rape suspect, who killed a judge, the court stenographer and a deputy. Last year, several pipe bombs exploded outside the federal courthouse in San Diego, and a drug defendant wielding a razor blade briefly choked a federal prosecutor during sentencing in Brooklyn, N.Y. In March, a homicide suspect attacked a judge in a California courtroom and was shot to death by police.

Although attacks have not recently increased, threats have.  Law enforcement is taking action to prevent these threats from happening.  The threats are emerging in cases large and small, on the Internet, by telephone, in letters and in person.

Worried federal officials blame disgruntled defendants whose anger is fueled by the Internet; terrorism and gang cases that bring more violent offenders into federal court; frustration at the economic crisis; and the rise of the “sovereign citizen” movement — a loose collection of tax protesters, white supremacists and others who don’t respect federal authority.

My opinion?   On a nation-wide level, people are scared.  They fear losing their jobs in a tough economy.  They fear losing their socio-economic standing in a nation undergoing dramatic changes (remember, gun sales have increased since Obama took office).  When fear increases, people tend to blame one particular individual or group as the reason for their problems.   Unfortunately, in the criminal justice system, judges and prosecutors are often the very individuals who get blamed.

Don’t blame judges and prosecutors.  They’re just doing their jobs.

The solution?  Defendants should seek legal representation from attorneys who (1) maintain good relations with judges/prosecutors, and (2) file Affidavits of Prejudice against judges who might hold biases towards the case.  Under Washington statute, any party may establish prejudice by filing a motion, supported by affidavit, that the judge before whom the action is pending is prejudiced to the degree that the party cannot, or believes he cannot, have a fair and impartial trial before such judge.  Once the Affidavit of Prejudice is entered, that particular judge cannot make any decisions on your case from that point forward.

I file Affidavits of Prejudice on a consistent basis.  Indeed, I would be ineffective if I didn’t!  I took an oath to bring justice to my clients using every tool and technique at our disposal.  Your attorney should do the same.  If not – or if you don’t know – then talk with them.  How well does your attorney know the judges and prosecutors they work with?  How willing are they to file Affidavits of Prejudice?

Go to www.avvo.com to research attorneys who you may consider hiring.  This free online resource will help streamline your decision-making process.  Good hunting!

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.

Study: Drug, Driving Charges Sap Nation’s Courts

Court Fines, Department of Licensing, Drug Offenses, Due Process, DUI, law enforcement, marijuana, misdemeanor, police, Probable Cause, Reckless Driving, Search and Seizure, Studies, Terry Stop, Traffic Infractions, , ,

Stop jailing those accused of low-level, non violent crimes before trial | TheHill

According to a Seattle Times article, low-level drug and driving charges are a financial burden for misdemeanor courts.

My opinion?  As a former public defender (and proud of it), I was dismayed when defendants were prosecuted and jailed on Driving While License Suspended charges.  Indeed, defending these kinds of cases exposed me to some ugly truths about the criminal justice system.

Here’s a typical situation: “Speeder” gets pulled over for speeding.  Speeder can’t afford to pay the ticket.  They miss their court date.  Court gives them a “Failure to Appear” for missing said court date.  The Department of Licensing catches wind.  Speeder’s license gets suspended.   He is now Speeder-Turned-Suspended Licensee (STSL).

Eventually STSL get pulled over – and possibly arrested – on the suspended license.  If STSL is lucky, police officer won’t (1) investigate STSL for DUI, and/or (2) search STSL’s car following the arrest.  If unlucky, STSL might have had a couple of drinks before being pulled over.  They get investigated for DUI.  Or STSL has contraband tucked away in the glove compartment that gets discovered on the search.

All of the sudden, “Speeder” is now a criminal.

The grinding wheels of justice.  Steel jaws gnashing away at people’s rights.  Police using a suspended license as probable cause to arrest you and search your car.  Unbelievable.

Now, more than ever, change is necessary.  King County has implemented a program which simultaneously circumvents the criminal justice system and allows people get their licenses back.  Legal fees are waived if people successfully complete it.  The program is a success.  And it costs less than prosecuting/jailing people.

There’s more.  In 2007, the study’s authors found, 11,553 misdemeanor marijuana cases were filed.  Of those, 3,638 convictions were made, which resulted in about $7.6 million in direct costs to the state.

Again, unbelievable.  Taxpayers subsidize these enormous costs.  However, most people believe small-time drug cases should NOT be prosecuted.  Remember Seattle Initiative I-75?  The measure – which passed successfully in 2003 – directed police officers and prosecutors to treat the personal use of marijuana by adults as the city’s lowest law enforcement priority.

It’s time our court system caught up with the will of the people.

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.

New Findings: Decline in Black Incarceration for Drug Offenses

Department of Corrections, Drug Offenses, Jail, Legislation, marijuana, Race & Law, Studies, , ,

INCARCERATION | BlackDemographics.com

For the first time in 25 years, since the inception of the “War on Drugs,” the number of African Americans incarcerated is state prisons for drug offenses has declined substantially.  According to a recent study released by The Sentencing Project, there exists a 21.6% drop in the number of blacks incarcerated for a drug offense.  This presents a decline of 31,000 people during the period 1999-2005.

Why the decrease?  The study shows that many states are softening their approach to crime by reconsidering overly punitive sentencing on defendants.  Diversionary programs are also being re-examined.  The changing approach is, not surprisingly, inspired by fiscal concerns.  Policymakers recognize that skyrocketing corrections costs cut into public support for higher education and other vital services.

Second, at the federal level, the U.S. Sentencing Commission has enacted changes in the sentencing guidelines for crack cocaine offenses, and members of Congress are considering proposals to reform the mandatory penalties for crack offenses.

My opinion?  Ironically, the economic recession has spurred positive changes in the criminal justice system.  Many lawmakers realize the foolishness behind incarcerating people for low-level drug offenses.  Also, I believe the “War on Drugs” has changed tactics.  Nowadays, police are more interested in busting defendants for methamphetamine (meth) than crack cocaine.  Meth is considered  a much larger risk to public safety and health.

Meth is also largely used/possessed by non-minorities.   This is partially because most meth labs are found in rural destinations; which have more Caucasians, and not so much in the inner city, where more minorities dwell.

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.

Drug Courts Huge Success

Dismissal, Drug Court, Drug Offenses, felony, Jail, Probation, Sentencing, Studies, Whatcom County Criminal Defense, , ,
What You Need to Know About Drug Court and Addiction
A National Study found that Drug Courts are widely successful. Here’s a summary of the study’s findings:
RECIDIVISM

Graduates of drug courts are less likely to be rearrested than persons processed through traditional court mechanics. Findings from drug court evaluations show that participation in drug courts results in fewer rearrests and reconvictions, or longer periods between arrests.

COST SAVINGS

Nationwide, drug courts save taxpayer dollars compared to simple probation and/or incarceration, primarily due to reductions in arrests, case processing, jail occupancy and victimization costs. While not all persons diverted to drug court would have otherwise been sentenced to prison, for those individuals who are incarcerated, the average annual cost is estimated to be $23,000 per inmate, while the average annual cost of drug court participation is estimated to be $4,300 per person.

THE EFFECT OF SANCTIONS

The study showed that Drug Courts which reward/sanction all levels of good/bad behavior recognize there is value in incremental progress toward the goal of abstinence.

A participant who faithfully makes all court appearances and meets the obligations of the court may be rewarded with an acknowledgement of accomplishment.  On the other hand, developing a flexible, graduated sanction program is a crucial contributor to a successful drug court program, because even those who are eventually successful in drug court tend first to relapse, warrant, and violate other program rules.

The study concluded that sanctioning should be seen as an opportunity to adjust treatment to limit subsequent relapse, rather than the first step on the path to an eventual termination of drug court participation and a likely sentence to custody.

ROLE OF THE JUDGE

One of the unique aspects of the drug court model is the frequency with which judges interact with participants. The relationship is less formalistic than in traditional courtrooms and is individualized based on the judge’s supervision of an individual’s progress.  The goal is partnership, not sentencing. 
My opinion?  I’m a HUGE fan of drug court!  First, it’s a great negotiating alternative for my clients facing drug charges IF the prosecutor’s charges are fairly strong, evidence is unlikely to be suppressed, and a jury would probably find the offender guilty. 
Second, it’s impossible to treat drug addiction with jail or prison sentences.  Period.  Once released, the offender may likely continue using drugs.  Drug Court strikes at the root of the problem by addressing the drug addiction itself.  Finally, the program forces offenders to stay focused on treatment.  The State monitors treatment.  If offenders fail, they may face heavy consequences and get kicked out of Drug Court.
Drug Court should be implemented to a greater degree than it already is.  It presents a win/win situation for everyone: the public, courts, prosecutors, and ultimately the offender.
Please contact my office if you, a friend or family member face a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

Retired Judge Says It Is Time To End War On Marijuana

Bellingham, Bellingham Defense Attorney, Drug Offenses, felony, marijuana, Race & Law, Studies, Whatcom County Criminal Defense, , ,

The Death Penalty in Washington State

Here’s an excerpt of on Op-Ed by retired Whatcom County Superior Court Judge David A. Nichols:

“It is my fervent belief that this state and nation must come to recognize that continuing to treat drug users as criminals perpetuates an evil that rewards the drug sellers and corrupts our society. Until we honestly and appropriately deal with the entire drug issue as a health problem analogous to tobacco or liquor, and not as a ‘war’ we cannot win, we will continue to reap the whirlwind of huge world-wide illegal drug profits which are costing us billions, threatening the stability of nations, causing soaring crime rates and diverting money which is sorely needed elsewhere.” ~ Judge David A. Nichols

Judge Nichols also says that if we ever want to stop the craziness and futility of our present anti-drug approach, we must de-criminalize possession and use of all drugs. Education, addiction treatment and state regulation need to replace arrests, trials, jail sentences, growth of cartels and drug gangs, corrupt government institutions, and the mindless head-bashing against brick walls that characterize what we are doing now.

My opinion?  Way to tell the truth, Judge!

Please contact my office if you, a friend or family member face a Drug Offense or any other crimes. Hiring an effective and competent defense attorney is the first and best step toward justice.

Decades of Disparity: Drug Arrests and Race in the United States

Constitutional Rights, Drug Offenses, Due Process, felony, Jail, law enforcement, marijuana, misdemeanor, police, Privacy, Race & Law, Search and Seizure, Search Warrant, Sentencing, Studies, , ,

The War on Drugs: Race, Class, Colonialism and the Politics of Pleasures – Culture, Power and Politics

New drug arrest data shows the persistence and extent of racial disparities in the “War on Drugs” in the United States.

The report indicates dramatic racial disproportions among incarcerated drug offenders.  It states, “Since blacks are more likely to be arrested than whites on drug charges, they are more likely to acquire the convictions that ultimately lead to higher rates of incarceration.” The report also shows that although data indicates that blacks represent about one-third of drug arrests, they constitute 46 percent of persons convicted of drug felonies in state courts.

Among black defendants convicted of drug offenses, 71 percent received sentences to incarceration in contrast to 63 percent of convicted white drug offenders.

My opinion?  The “War on Drugs” should rename itself as the  “War on Race.”  The data speaks for itself.

End the War on Drugs.  Legalize marijuana.  Stop institutional racism.

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

Report finds inequalities in Washington criminal fines

Court Fines, Due Process, Race & Law, Studies, , ,

Racial Inequality in the Criminal Justice System - YouTube

A report finds wide disparities in how much Washington’s criminal defendants are required to pay in fines and fees.  According to the University of Washington study released Tuesday, Hispanics are charged significantly higher fees and fines than non-Hispanic whites; men are fined more than women; and drug cases bring greater fees and fines than violent crimes do.

There were also geographic differences. One man convicted of drug offenses in Pierce County was assessed fees and fines of $600, while one convicted in Lewis County was assessed $6,710.

The study examined all superior court cases resolved in the first two months of 2004 — nearly 3,400 cases. The researchers determined that the system is illogical and hinders people from rejoining society, especially because of the high 12 percent interest rate they must pay on the fines. Three years after the defendants were sentenced, about half had made no payments.

My opinion? This is disgraceful.  The report provides empirical data that our justice system is horribly inconsistent when it comes to administering costs/fees upon defendants.  Unbelievable.  The lesson?  Don’t get caught committing crimes if you’re minority, male, and come from out of town.

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.