Category Archives: Uncategorized

Prison: No Country For Old Men

These are the 20 oldest prisoners doing time in New Jersey - nj.com

Excellent article in NPR by journalist Meg Anderson reports that the proportion of state and federal prisoners who are 55 or older is about five times what it was three decades ago. In 2022, that was more than 186,000 people.

In Oklahoma, the geriatric population has quadrupled in the past two decades. In Virginia, a quarter of the state’s prisoners will be geriatric by 2030. And in Texas, geriatric inmates are the fastest-growing demographic in the entire system.

More elderly people in prison is largely a sentencing problem, says Marta Nelson, the director of sentencing reform at the Vera Institute of Justice, a criminal justice research organization.

“It all stems from the longer sentences and the longer length of time that people have had to spend serving sentences in the United States, really starting from the ’70s and ’80s, but which became quite well known in the ’90s . . . People who went in as young people then are now aging. So it’s really a story of how we choose to punish people.” ~Marta Nelson, Director of Sentencing Reform at the Vera Institute of Justice

For instance, the Violent Crime Control and Law Enforcement Act of 1994, commonly known as the 1994 crime bill, incentivized states to build more prisons and keep people in those prisons for a longer percentage of their sentences. Other tough-on-crime policies — like mandatory minimum sentences and “three strikes” laws, in which the punishments for repeat offenders severely ratchet up — also contributed to why many people who went to prison decades ago are still there.

Today, there are more people serving a life sentence in prison than there were people in prison at all in 1970, according to a 2021 report from the Sentencing Project, an advocacy organization.

Caring for aging prisoners is expensive, but the data on just how expensive is murky. A 2013 study estimated it could be anywhere from three to nine times more expensive than for younger prisoners. And a 2015 report from the Justice Department’s Office of the Inspector General found that federal prisons with the highest percentage of elderly prisoners spent five times more per person on medical care than those with the lowest percentage of aging prisoners.

My opinion? The idea of releasing elderly prisoners is certainly controversial. As a society, we must be careful about who we incarcerate. Sometimes, prisons don’t make people better. They make people worse.

Prison is a terrible place. 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.

WA House Defeats Bill Allowing Judges to Dismiss Low-Level Crimes

Understanding how a California bill dies without public debate - capradio.org

Last week, the House decided to kill HB 1994, a bill relating to judicial dismissal of a misdemeanor following the completion of court-ordered conditions.

WHAT DID HB 1994 HOPE TO ACCOMPLISH?

Under the legislation, either the prosecutor or the defense attorney must first ask the judge to divert a defendant out of the criminal justice system. The defendant must agree to certain court conditions, such as engaging with service providers or treatment, and then, after up to a year of court monitoring, the judge can dismiss the case.

If passed, this bill would only have applies only to the lowest of low-level crimes. Judges could not dismiss charges in cases involving domestic violence, stalking, DUI, Assault or Firearms. The law also would not apply when a person pleads down from a felony charge to a misdemeanor.

If passed, the bill would also have potentially helped reduce the number of people with mental illness languishing in jails. This practice that has cost the state hundreds of millions of dollars in federal fines.

Rep. Darya Farivar (D-Seattle) called House Bill 1994 a pretty “reasonable” piece of legislation that didn’t deserve backlash. The bill simply asks prosecutors to justify their prosecution of low-level offenses. This is especially important when it comes to cases involving people who committed a crime as a result of poverty, addiction, or a mental illness. Farivar hopes to end the practice of just sticking people with behavioral health problems in jail over and over again, and instead allow courts to address the root causes of criminal behavior prior to conviction.

The bill has the backing of the Governor’s office, as it could help the state come into compliance with the Trueblood v. DSHS settlement. This WA Supreme COurt case requires the Washington State DSHS to provide timely mental health restoration to people in jail. About 11% of Trueblood class members enter the criminal justice system on misdemeanor charges.

WHY DID THE HB 1994 FAIL TO PASS?

According to the Stranger, KING 5 and the Seattle Times played misrepresented the legislation. At the end of the day, the legislation lacked momentum and political will.

Please contact my office if you, a friend or family member are charged with a crime. Dismissals of low-level charges are possible under Compromise of Misdemeanors, Knapstad Motions, Deferred Prosecutions and other avenues. Hiring an effective and competent defense attorney is the first and best step toward justice.

FBI Data: Crime Has Actually Declined Significantly

Is crime rising in the U.S.? Here's what data can and can't tell us : NPR

NBC News reports that crime in the United States has declined significantly over the last year. Apparently, new FBI data contradicts a widespread national perception that law-breaking and violence are on the rise. A Gallup poll released this month found that 77% of Americans believe crime rates are worsening. However, new FBI data and other statistics show these perceptions are mistaken.

THE NUMBERS

The FBI data, which compares crime rates in the third quarter of 2023 to the same period last year, found that violent crime dropped 8%, while property crime fell 6.3% to what would be its lowest level since 1961, according to criminologist Jeff Asher, who analyzed the FBI data.

Murder plummeted in the United States in 2023 at one of the fastest rates of decline ever recorded, Asher found, and every category of major crime except auto theft declined.

“I think we’ve been conditioned, and we have no way of countering the idea” that crime is rising . . . It’s just an overwhelming number of news media stories and viral videos — I have to believe that social media is playing a role.” ~Criminologist Jeff Asher

The FBI’s quarterly numbers cover about 78% of the U.S. population and don’t give as full a picture as the more comprehensive annual report the FBI puts out once a year. But Asher said the quarterly reports in the past have hewed fairly close to the annual ones.

The most recent annual report, released in October, covered 94% of the country and found that violent crime in 2022 fell back to pre-pandemic levels, with murder dropping 6.1%. Asher maintains a separate database of murder in big cities which found that murder is down 12.7 percent this year, after rising during the pandemic.

FBI data doesn’t have a separate category for retail theft. It falls under “larceny,” which declined overall last year, according to the latest numbers. Retail theft is widely believed to have skyrocketed in some cities, and the industry says it is at “unprecedented” levels. But the data doesn’t necessarily support that thesis.

FBI numbers are not the only measure of crime. The annual Justice Department survey of criminal victimization in 2022 found that a lot of crime goes unreported, and that more people reported being victims of violent crime in 2022 than in 2021. But Asher has documented questions about that survey’s methodology.

WHY DO PEOPLE BELIEVE CRIME HAS INCREASED?

Asher believes there is a measure of partisanship at work. Republicans seem more ready to believe crime is increasing while Democrats hold the White House.

Asher and other analysts say the natural tendency of the news media to highlight disturbing crime stories — and the tendency of those stories to go viral on social media — presents a false but persuasive picture. Videos of flash mobs on shop lifting sprees or carjackings in broad day light are more ubiquitous, even if those crimes are not.

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.

NHTSA Takes Steps Requiring DUI Prevention Technology In New Passenger Vehicles

NHTSA takes first step toward having drunk driving prevention technology  installed in new passenger vehicles

 US auto-safety regulators are considering steps to force carmakers to adopt new technology to prevent intoxicated drivers from starting vehicles.

The National Highway Traffic Safety Administration (NHTSA) issued an “advance notice of proposed rulemaking.” This administrative procedure formally gathers information and public comments on how to develop, legally require and deploy technology to prevent impaired people from firing up their vehicles.

WHY NOW?

According to the press release, the negative economic and societal costs of impaired driving are enormous. NHTSA estimates that fatalities, injuries, and property damage from alcohol-impaired driving cost our society $280 billion in lost wages, lost quality of life, medical costs, and so much more.

“Impaired driving prevention technology is an action . . . to significantly reduce fatalities and serious injuries on the nation’s roadways in support of our vision of zero traffic deaths through vehicle features that promote driver safety and align with the principles of a safe system approach.” ~NHTSA Press Release

According to NHTSA, this notice helps lay the groundwork for potential alcohol-impairment detection technology standards in all new passenger vehicles when the technology is mature. This announcement comes as NHTSA kicks off its annual holiday season Drive Sober or Get Pulled Over impaired-driving campaign, raising awareness of the dangers of DUI. Alcohol impairment is one of the leading causes of death on our nation’s roads. In 2021, the latest data available, 13,384 people were killed in drunk driving crashes.

“Impaired driving crashes are 100% preventable. There’s simply no excuse or reason to drive impaired by alcohol or drugs. We urge everyone to be responsible this holiday season. If you’ve had anything to drink, use public transportation, arrange for a sober driver, or call a taxi or ride-hailing service and get home safely.” ~Ann Carlson, NHTSA’s Acting Administrator.

WHAT KINDS OF “PREVENTION TECHNOLOGIES” ARE PROPOSED?

A number of technologies currently under development could potentially fit the bill. One solution includes breath- or touch-based sensors to detect alcohol. Another potential option is using cameras to monitor eye movements to try to determine whether drivers are intoxicated. Some sentences for DUI require those convicted to install a breathalyzer in their cars that prevent them from starting the vehicle if alcohol is detected, though regulators said it’s unlikely future ubiquitous technology would be as intrusive as requiring a puff every time. In the 1970s, Congress mandated that cars not start without a buckled seatbelt but withdrew the statute soon after it became law.

Seeing an alcohol-detecting steering wheel in your next Uber ride might be a long way off, though. NHTSA’s notice said that the agency must be assured the technology works consistently before it can require it, and then give automakers at least three years to implement it once it finalizes the rules.

“We are trying to see, can we get it done, does the technology exist in a way that is going to work every time,” said Ann Carlson, the acting NHTSA administrator, adding that public acceptance of the technology would depend on its accuracy.

My opinion? Unfortunately, any proposed technologies could run afoul of registering “false positive” alcohol results in drivers. Studies show there are close to 1 billion people who drive every day in the United States. Even if these technologies are 99.9% accurate, you could have a million false positives. Those false positives could be somebody trying to get to the hospital for an emergency.

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

Seattle Implements “Police Ruse” Policy

Lies We Tell Ourselves: How Deception Leads to Self-Deception - Scientific American

In a press release, the City of Seattle announced the implementation of the nation’s first policy governing the use of police patrol ruses.

Mayor Bruce Harrell directed the SPD to develop the new policy. It comes a few years after a Seattle officer’s ruse contributed to the suicide of a hit-and-run driver in 2018. Another controversial ruse was when officers created fake radio traffic to try and get protesters away from the CHAZ/CHOP zone in 2020. Those cases undermined the public’s trust and confidence in police, according to the SPD.

“Effective public safety requires community buy-in, and this new policy is an important step to build understanding with the public, demonstrating that for SPD operations to be successful, they must be paired with a commitment to unbiased, constitutional policing . . .This innovative new policy will lead to better police work thanks to the voices of many, including the media who brought attention to this tactic, community members who called for guidelines to match our values, and Seattle accountability and police leaders who developed a plan to make that vision real.” ~Seattle Mayor Bruce Harrell

WHAT IS THE “RUSE POLICY?”

The Ruse Policy recognizes that while this tactic may be necessary in specific situations to support public safety, the need and conditions for its use should be strongly and clearly defined. The new ruse policy sets substantial guardrails around the use of ruses, limiting the use by patrol officers to these five scenarios:

  • De-escalation,
  • To calm or provide comfort to a person,
  • To promote the safety of any person,
  • Scene management, or
  • To bring potentially violent situations to a peaceful resolution.

Additionally, patrol ruses may not be broadcast over radio, social media or any other mass media format, the new policy states. No patrol ruse may involve officers making or implying promises regarding prosecution or filing decisions, and patrol ruses that shock the conscience will not be used.

The policy defines appropriate uses of ruses for de-escalation and investigation, while also creating clear accountability through requirements for documentation, supervisor approval, and protections for juveniles. The policy prohibits ruses broadcast via mass media or false promises regarding prosecution, as well those that plainly “shock the conscience.”

“The Seattle Police department engaged in an in-depth review on the use of ruses, facilitated by the Office of the Inspector General. This first-in-nation policy balances the legitimate use of deception, especially for de-escalation and the safety of all persons, with supervision, documentation, and clear prohibition of ruses that compromise public trust.” ~Seattle Police Chief Adrian Diaz.

The policy will continue to be evaluated and refined based on the now required documentation and new data. The policy also provides an objective standard by which officers’ conduct can be evaluated, creating a framework to hold them accountable when violations occur.

My opinion? Seattle’s Ruse Policy is indeed a novel step in the right direction. Even better, it should only be applied under limited circumstances.

However, intriguing legal issues arise. Can a criminal charge be dismissed if the defendant reasonably relied on a ruse from a police officer? In other words, but for the ruse, would a crime have been allegedly committed? If so, then a defendant’s reliance on a ruse can be Entrapment.

Under Washington law, Entrapment is a defense to criminal charges if the criminal design originated in the mind of police and the defendant was lured or induced to commit a crime that the defendant had not otherwise intended to commit.

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.

Local Veteran Defense Attorney on Whatcom County’s Need for a New Jail

Haunting photos capture crumbling remains and execution chamber at prison  used to film The Green Mile - World News - Mirror Online

Excellent editorial by Stark Follis, the Director of the Whatcom County Public Defender’s Office, on why Whatcom County needs a new jail.

“I have worked as a criminal defense attorney in Northwest Washington for 37 years. I do not support mass incarceration nor do I support an ever-increasing criminal justice burden to the county as numbers continue to increase. I do support a new jail and I trust the decision makers in place to build a jail that addresses the foregoing concerns, taking positive steps to address the root causes of criminal behavior and make a facility that treats those incarcerated in a humane manner.” ~Stark Follis, the Director of the Whatcom County Public Defender’s Office

For starters, Whatcom County voters will be asked to approve funding for the planning and construction of a new jail.  This will appear on the General Election Ballot in November. Twice before, voters have rejected the funding for a new jail, but never has the plan had the widespread support of cities and towns, including the elected officials representing them.

Follis says that opponents of new jail construction are generally concerned with playing into the idea of supporting mass incarceration. “U.S. incarceration rates are higher than anywhere in the world and the state of Washington and Whatcom County are no exception.”

In his editorial, Follis laments that many of those that we have incarcerated, and continue to incarcerate, do not belong there. Low-level offenses and crimes of poverty and homelessness are symptomatic of our society’s ills. However, there are people within the jail who represent a danger to the community. They must be either treated or helped or must be segregated from society. The fact is that only a small number will be segregated from society for lengthy periods and mostly on only the most serious of offenses. Most will be released and we need a jail facility that will allow us to address particular issues to lessen the safety concern upon release.

The difficulty comes when those presenting a substantial threat to community safety and security do so because of behavioral health issues. There has been a dramatic rise in the number of people arrested with severe mental health problems. Drug use and addiction is more rampant today than ever. Scores of people in our community are unhoused and living a lifestyle that could not have been imagined to us years ago, but is now commonplace.

“Insufficient resources are available to those with mental health disorders. Those deemed not competent to stand trial face long waits for treatment at state hospitals and many of those face a lockdown existence in the current jail that allows them out of a cell for one hour a day.” ~Stark Follis, the Director of the Whatcom County Public Defender’s Office

Follis also says that deprivation of human contact has long been recognized as inhumane, and in some cases has been found to be unconstitutional as it violates the Eighth Amendment prohibition of Cruel and Unusual Punishment. The current jail leaves jail administrators with few options around this practice based on the configuration of the jail and staffing shortages that result.

Further, there are no facilities within the current jail to treat those with mental health disorders. There is a jail medical facility that is small and inadequate for sufficient treatment including counseling, medication or even diagnosis. When those come into the jail with mental health disorders, it is common for them to deteriorate while in there — the exact opposite of what we need to try to accomplish to make society safe.

There are no facilities for treatment of those with substance abuse disorders. While the current jail is mandated to provide medical assistance to those withdrawing from addiction, there is no ability to provide ongoing counseling or treatment such as opiate blockers or even things as basic as NA/AA programs.

“In general, conditions in the jail are poor for those who find themselves incarcerated. We need a jail, but we need a jail that does not just punish people by throwing away the key. We do not need a jail that treats people in a cruel and unusual manner. We need a jail that will triage those that come in and will divert them to the services they need.” ~Stark Follis, the Director of the Whatcom County Public Defender’s Office

My opinion? This was an excellent and informative critique by Starck Follis. I agree with every word he said.  Clearly, the Whatcom County Jail is no place to wait out a pending criminal charge. Please review my Legal Guide “Making Bail” and contact my office if you, a friend or family member are incarcerated. Hiring an effective and competent defense attorney is the first and best step toward justice.

It’s Time To Apply New & Better Standards for Public Defense Workloads

The State Of Public Defenders Workload: Can AI Fix The People Gap?

With publication of a milestone national study 50 years in the making, the Council on Public Defense (CPD) is immediately beginning to examine how the new research about public-defense caseloads should be applied to Washington’s criminal courts.

“The accused are entitled to an effective advocate and that means a lawyer with time and resources to help. This study underlines what public defenders are experiencing every day, which is a staggering increase in the number and complexity of cases, especially compared to 50 years ago when the national standards were first written. The CPD understands that overworked public defenders impact legal outcomes for the accused and the fairness of the criminal legal system. The CPD has already begun the work of adapting this study to Washington law.” ~Jason Schwarz, Esq., CPD Chair and Director of the Snohomish County Office of Public Defense.

The CPD is a committee of the Washington State Bar Association, established in 2004 to address challenges that impact the state’s public defense system. The Washington Supreme Court tasks the state bar, through the CPD, to make recommendations regarding public defense caseloads and performance guidelines. The Court puts those recommendations into practice in courts via Superior Court Criminal Rule (CrR) 3.1 (Standards for Indigent Defense).

Since its inception, the CPD has regularly recommended updates to CrR 3.1, but the underlying standards are based on a 1973 study from the National Advisory Commission. The new study is the product of a partnership among the Rand Corporation, the National Center for State Courts, and the American Bar Association; it was released on Sept. 12 with comprehensive research that suggests public defenders are working far too many cases and their cases continue to grow more complex. These standards are not binding on any jurisdiction but act as a model.

“The state bar is uniquely situated to convene stakeholders in the legal community to make sure our court rules support actual justice. The Council on Public Defense exemplifies that work and oversees a process that is critically important: Fleshing out standards that will support the state’s constitutional obligation to provide ‘adequate’ legal counsel to anyone facing a criminal charge. What we are talking about here is how long a person might have to wait to get their day in court, and the quality of their defense. Those are among the foundations of criminal justice.” ~Washington State Bar Association President Hunter Abell.

The CPD expects to shepherd the new model standards to present a recommendation for rule changes to the Washington Supreme Court for consideration and adoption. The CPD aims to have draft recommendations by the end of the year.

CPD has been raising the flag about excessive defender workloads for years, and the new study comes amid a flurry of state and national events highlighting the problem:

My opinion? This is excellent and refreshing news. Public defenders have been eagerly waiting for these new standards—for more than 50 years, in fact. The CPD is eager to get to work to bring them to bear in Washington courts. While public defenders are some of the most committed, compassionate, and passionate lawyers, excessive workloads have resulted in burnout and the loss of great advocates and colleagues. Applying this study to the Washington legal landscape will assist us in assuring that assigned counsel have the time to advocate for accused.

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.

Labor Day DUI Patrols In Effect

420 Facelift" planned for WSP Mobile Impaired Driving Unit | Regional |  nbcrightnow.com

The Washington State Patrol reports that with Labor Day Weekend, Troopers will be out patrolling both day and night looking for impaired drivers. According to a survey by the Vacationer, more than 57 percent of Americans will be traveling this weekend. King 5 reports that as of yesterday, the WSP has responded to 70 crashes and 16 calls reporting aggressive driving.

WSP and the Washington Traffic Safety Commission recently reported that 2023 is shaping up to be a “historically deadly” year on Washington roadways.

Over Labor Day weekend in 2022, state troopers responded to a number of dangerous incidents in King County. They included 21 DUI arrests, 448 speeding incidents and 118 collisions, with two fatal collisions. The agency also responded to 232 reports of aggressive driving and 60 incidents of distracted driving.

Officials note the “fatal four” common causes of traffic crashes and deaths as impairment, distraction, speeding and not wearing seat belts. Approximately 75% of last year’s deaths involved one of more of the fatal four behaviors.

WSP’S MOBILE IMPAIRED DRIVING UNIT

The Mobile Impaired Driving Unit (MIDU) will be deployed to process suspected DUI offenders and enable patrols to spend as much time as possible on the roadways. The MIDU is a self-contained 36-foot motorhome that has been turned into a mobile DUI processing center and incident command post. When requested, the MIDU travels across the state in support of law enforcement efforts during DUI emphasis patrols or to emergency incidents such as wild land fires or other natural disasters. It’s a full service police station on wheels.

My opinion? Drive with patience and courtesy and expect more traffic throughout the weekend. And please contact my office if you, a friend or family member are charged with DUI, Reckless Driving or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Broad Coalition Launches to Restore the Constitutional Right to Trial

The Trial Penalty - Prison Professors

The National Association of Criminal Defense Lawyers (NACDL) reports that numerous organizations have united to end the trial penalty. This coalition, called End the Trial Penalty, consists of twenty-four criminal justice organizations, impacted people, think tanks, academics, activists, and reform leaders from across the ideological spectrum have united to end the trial penalty.

What is a “Trial Penalty?”

A “trial penalty” refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system.

The coercive and punitive effects of the trial penalty are so pervasive that they have virtually eliminated our constitutional right to trial. In fact, over 97% of cases ending in a conviction never go to trial, leading to a range of issues reverberating through our legal system, including the waiver of numerous constitutional freedoms and rights, overcriminalization, loss of public oversight, and racial injustice.

Fortunately, the End the Trial Penalty Coalition aims to restore the right to trial, helping right these wrongs to ensure a fair, rational, and humane criminal legal system.

Members of this new Coalition will work together to raise awareness of the adverse effects of a justice system without trials, advocate policy reform, and forge relationships with key policymakers. The Coalition will also serve as a resource for people interested in participating in an impactful criminal legal reform movement.

The Coalition has published a comprehensive Policy Overview which includes policy ideas to combat coercive practices in the plea bargaining process, to improve data collection and transparency, and to foster post-trial reform and accountability measures.

The Coalition plans to further partner with impacted people and their families, community leaders, criminal legal system stakeholders, and local organizers to ensure everyone has a seat at the table in the efforts to restore justice to our legal system.

About End the Trial Penalty

End the Trial Penalty is an ideologically diverse coalition of criminal justice organizations and leaders committed to ending the trial penalty to ensure a fair, rational, and humane criminal legal system. The coalition aims to eliminate the coercive elements of plea bargaining to restore our fundamental constitutional rights, including the right to a jury trial.

My opinion?

The Sixth Amendment enshrines the right to trial for anyone accused of a crime. Yet, in America today, less than 3% of criminal cases ever make it to trial. Many factors drive that statistic, including the trial penalty. Defendants are confronted with an impossible choice: either fighting for their innocence but often risking decades in prison or admitting to something they didn’t do but salvaging their family and future. It’s no wonder that innocent people can and do plead guilty.

I’m pleased that organizations like End the Trial Penalty exists to uphold our constitutional right to trial. 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.

Bellingham Retail Stores Beef Up Security in Response to Rising Crime

Gold fever sweeps the criminal underworld

Excellent article in the Cascadia Weekly by Ralph Schwartz describes how Bellingham retail stores are increasing security in response to rising crime.

Thefts in Bellingham’s downtown core peaked in March 2022, according to the city’s crime statistics webpage. Apparently, this is part of a broader citywide crime wave that hit Bellingham in the latter stages of the COVID-19 pandemic for a variety of reasons.

Among them was overcrowding at the jail, which prompted the Whatcom County Sheriff’s Office to stop booking nonviolent offenders.  The police department was short on officers. Finally, new state laws made it more difficult for police to engage with suspected criminals.

Bellingham’s Meridian neighborhood also reported thefts peaked in the summer of 2022. This neighborhood includes Bellis Fair mall and major retails such as Home Depot and Walmart. The neighborhood averaged four reported thefts a day in June through August of last year.

The shoplifting problem isn’t limited to Bellingham. Nationally, retail theft was growing before the pandemic, reaching $68.9 billion in stolen goods in 2019, according to the Retail Industry Leaders Association. A more recent survey by the National Retail Federation reported that overall shrinkage, which includes theft, damaged goods and other losses, reached $94.5 billion in 2021, up 4% compared to 2020, with much of that attributed to a rise in organized crime.

According to the article, large-scale retailers like Home Depot have armed their security guards. This comes in response to Organized Retail Theft operations originating from a nearby Homeless encampment.

“Organized retail crime is an ongoing issue, and it has been on the rise over the last several years for many retailers . . . We have a multitude of initiatives in place to mitigate, including human and technology resources, to make theft in our stores more difficult; close partnerships with law enforcement; and significant efforts working with federal and state task forces to fight this problem.” ~Evelyn Fornes, Senior manager of communications and advocacy for The Home Depot

Washington also has the second highest per capita rate of retail theft of any state in the country after Pennsylvania. In 2021, 23,323 cases of shoplifting were reported in Washington state. Seattle also ranked eighth among large cities for retail crime in 2021.

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