Tag Archives: Mt. Vernon Criminal Defense Attorney

U.S. Supreme Court Revives Biden’s Regulation of ‘Ghost Guns’

Bellingham Defense Attorney, Federal Crimes & Prosecutions, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, United States Supreme Court, Whatcom County Criminal Defense, , , , ,

Editorial: Ready, aim, regulate: The Supreme Court makes the right call on ghost guns, for now | Guest Column | wyomingnews.com

The Supreme Court temporarily revived the Biden administration’s regulation of “ghost guns” — kits that can be bought online and assembled into untraceable homemade firearms.

The number of ghost guns recovered by law enforcement in the US has increased at an alarming rate—rising 398% from 2016 to 2020. Nearly 24,000 ghost guns were recovered across the country during that five-year period. President Biden’s administration officials said such weapons had soared in popularity in recent years, particularly among criminals barred from buying ordinary guns.

BACKGROUND

Ghost guns are do-it-yourself, homemade guns, produced with simple building blocks available online. In May 2021, the federal government proposed a rule that would finally clarify that these parts qualify as traditional firearms, and must be sold with serial numbers and background checks. Several states – including Washington State – have also acted, including with requirements that all ghost guns must be reported to officials. The strongest laws also regulate the spread of guns that can be made with 3-D printers.

THE COURT’S ORDER

The court’s brief order gave no reasons, which is typical when the justices act on emergency applications. The order was provisional, leaving the regulation in place while a challenge moves forward in the courts.

THE VOTING SPLIT

The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the court’s three liberal members — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — to form a majority.

Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh noted dissents. Like the justices in the majority, they did not explain their reasoning.

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

Mississippi’s Lifetime Voting Ban on Felons Held Unconstitutional

Bellingham Defense Attorney, Constitutional Rights, Mount Vernon Criminal Defense Attorney, Race & Law, Skagit County Criminal Defense, Voting Rights, Whatcom County Criminal Defense, , , , ,

Opinion | The Racist Origins of Felon Disenfranchisement - The New York Times

Journalist Nick Robertson for The Hill reports that the 5th Circuit Federal Court of Appeals ruled Mississippi’s lifetime voting ban for those convicted of certain felonies is unconstitutional. This ruling overturns a 19th-century Jim Crow Law widely considered “cruel and unusual punishment.”

“In the last fifty years, a national consensus has emerged among the state legislatures against permanently disenfranchising those who have satisfied their judicially imposed sentences and thus repaid their debts to society. … Mississippi stands as an outlier among its sister states, bucking a clear national trend in our nation against permanent disenfranchisement.” ~5th Circuit Court of Appeals

The Mississippi law says anyone convicted of bribery, theft, arson, perjury, forgery, embezzlement or bigamy could never have their voting right reinstated.

The nonprofit Sentencing Project found that Mississippi has one of the country’s most strict disenfranchisement laws, impacting about 11 percent of all otherwise eligible voters. That is the highest proportion of any state.

The disenfranchisement provision “serves no legitimate penological purpose,” the opinion reads.

“By severing former offenders from the body politic forever, Section 241 ensures that they will never be fully rehabilitated, continues to punish them beyond the term their culpability requires, and serves no protective function to society.” ~5th Circuit Court of Appeals

The law was passed in 1890 as part of early Jim Crow provisions attempting to disenfranchise and limit the rights of Black residents.

The Southern Poverty Law Center also pursued the lawsuit, representing those who were disenfranchised by the law.

“Section 241 of the Mississippi Constitution lifetime disenfranchisement scheme disproportionately impacted Black Mississippians,” SPLC attorney Ahmed Soussi said in a statement. “We applaud the court for reversing this cruel and harmful practice and restoring the right to vote to tens of thousands of people who have completed their sentences.”

The case also attracted the support of legal aid nonprofits, including the Legal Defense Fund, which submitted an amicus brief on behalf of the plaintiffs in December.

“Section 241 is Jim Crow law, which created a deliberate and invidious scheme to disenfranchise Black people,” Legal Defense Fund attorney Patricia Okonta said in December.

The state now has the opportunity to appeal the ruling to the entire 5th Circuit or the Supreme Court.

My opinion? Excellent decision. The right to vote is the cornerstone of a functioning democracy. This is a major victory for Mississippians who have completed their sentences and deserve to participate fully in our political process. Mississippi is finally being held accountable for its sordid history of racial discrimination that has led to the disproportionate disenfranchisement of its Black citizens.

Nowadays, an estimated 4.6 million Americans are barred from voting due to a felony conviction.

Please contact my office if you, a friend or family member are charged with a crime. Losing your right to vote is an awful consequence to be avoided. Hiring an effective and competent defense attorney is the first and best step toward justice.

Blake Refund Bureau Launches to Assist with Refunds of Court Fines

Bellingham Defense Attorney, Drug Offenses, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Washington State Courts - News, Reports, Court Information

It will soon be easier for Washingtonians with past drug convictions to get reimbursed for fees and fines they paid under the state’s now-overturned drug law.

Washington state’s official online reimbursement center for court-ordered fines or costs paid in connection with drug possession convictions, found to be unconstitutional by the state Supreme Court in State v. Blake, launched July 29, 2023.

Now accessible at www.courts.wa.gov/blakerefund, the Blake Refund Bureau was developed by the Administrative Office of the Courts (AOC) in collaboration with courts serving all 39 Washington state counties and 112 separate municipalities. Individuals convicted of simple drug possession, cannabis possession and paraphernalia convictions between 1971 and 2021 can now receive qualifying financial reimbursements via the Bureau’s self-guided, centralized portal.

“As partners with courts across the state, this bureau is a critical tool to ensure that individuals receive the refunds due to them in a timely and efficient manner.” ~AOC Chief Financial and Management Officer Chris Stanley

In 2021, the Washington Supreme Court found the legal statutes that criminalized drug possession were unconstitutional and void because they did not require intent, or knowledge of possession — a due process violation of both state and federal constitutions. As a result of this decision, known as State v Blake , any Blake-related convictions qualify to be vacated and removed from one’s criminal record, and any legal financial obligations (LFOs) paid as a result qualify for financial reimbursement.

To administer these reimbursements statewide, the Washington State Legislature determined a centralized bureau would be instrumental for public accessibility, and help to offset costs to courts, prosecutors and defense attorneys.

With $47 million earmarked towards possession charge vacations, sentencing adjustments, and an additional $51 million set aside for paid LFO refunds, AOC was appointed the task of developing the Blake Refund Bureau in collaboration with local courts and county clerks, public defenders, prosecutors, impacted individuals, advocacy groups and other stakeholders.

This work is unprecedented, with no related instances of a state issuing hundreds of thousands of vacations and refunds at one time. The State v Blake ruling impacts an estimated 200,000+ felony drug possession charges dating back to the 1970s and an estimated additional 125,000 misdemeanor marijuana charges eligible for vacation.

Individuals can apply online via the Blake Refund Bureau portal, or apply via mail. Applicants must have their name, case number, and proof of ID with picture prior to applying. Additionally, optional fields are available to upload further identifying information including proof of name change, divorce decree, international address, and power of attorney if filing for someone else.

Refund progress tracking, a help forum and how-to video will be available to help guide users through the online application process. To help individuals understand their rights, vacate their records and learn about qualifying LFO and 3rd party reimbursements, the Blake Refund Bureau offers resources and a free Blake hotline courtesy of Washington State Office of Public Defense.

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

Why Seahawks’ Geno Smith Won’t Be Charged For DUI Or Reckless Driving

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Reckless Driving, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Geno Smith to lead Seahawks in season opener on MNF

Seattle Seahawks quarterback Geno Smith will not be charged in connection with his 2022 arrest on suspicion of DUI. Prosecutors also declined to charge Smith with Reckless Driving, citing insufficient evidence to prove beyond a reasonable doubt that he was guilty of either offense.

Smith, 32, was arrested early on the morning of Jan. 10, 2022, hours after the Seahawks returned to Seattle from their 2021 season finale against the Arizona Cardinals. According to an arrest report, he was initially stopped for going 96 mph in a 60 mph zone and driving erratically across several lanes of traffic.

The police report also stated Smith was “agitated” during his encounter with law enforcement and had been driving 96 mph in a 60 mph zone. Smith’s blood-alcohol concentration was found to be .038, less than half of the .08 legal limit in Washington State. His THC concentration was 2.6, also well below the legal limit of 5.

The state trooper who pulled Smith over detected an odor of intoxicants and observed that he had bloodshot, watery eyes, according to the arrest report. A judge issued a search warrant for a blood draw after Smith declined to take a preliminary breath test. He was taken to a hospital where he became agitated before the blood draw, even with the Seahawks’ director of team security present to try to calm Smith down, according to the report. Restraints were used to complete the process, troopers wrote.

“In considering the filing of charges, prosecutors must consider any reasonably foreseeable defense to be raised . . . From the investigation material, prosecutors do not have evidence to rebut likely explanations for his bad driving. While we can show that Mr. Smith consumed alcohol and marijuana and that in general those two substances have a compounding effect, we do not have any evidence to show exactly what effect they had on Mr. Smith, and a reasonable doubt exists as to whether his ability to drive was affected by alcohol or marijuana.” ~King County Prosecuting Attorney’s Office.

The prosecuting attorney’s office wrote that despite evidence that Smith was driving fast and briefly traveled out of his lane, they could not prove beyond a reasonable doubt that he was disregarding the safety of people or property on the road.

Due to a backlog with blood tests in the Washington State Patrol Crime Lab, Smith’s results were not provided to King County prosecutors until this past April. The prosecutor’s office noted in its release that Smith’s samples were being stored at the crime lab in a refrigerator that failed, and that while “there is no reasonable doubt to the accuracy of the results, there would likely be litigation related to the handling of his blood samples.”

At the time of his arrest, Smith had just completed his third season as Russell Wilson‘s backup with the Seahawks. In a tweet after the arrest, Smith urged the public to withhold judgment. He later told reporters that he didn’t think anything would come of the matter.

My opinion? Many evidentiary issues were favorable on behalf of Mr. Smith. First, his blood-alcohol and THC levels were below the legal limit to charge him with DUI. Mathematically speaking, the State could not prove DUI. This evidentiary issue was exacerbated by the WSP’s delays in processing the blood test and, ultimately, their tainting/destruction of Mr. Smith’s blood evidence.

But why couldn’t the Prosecutor’s Office charge Reckless Driving? Under the WPIC Jury Instructions, a person commits the crime of reckless driving when he or she drives a vehicle in willful or wanton disregard for the safety of persons or property or races a motor vehicle upon a public highway. Here, the Prosecutor’s office decided there was no evidence of “willful or wanton disregard for the safety of persons or property.”

There’s question, however, as to why Mr. Smith’s excessive speed of 90+ mph down a public highway was not sufficient evidence of Reckless Driving. Under RCW 46.61.530, “Any person or persons who wilfully compare or contest relative speeds by operation of one or more motor vehicles shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500. 

Anyway, great outcome for Geno Smith. His defense attorney did well.

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.

WA Supreme Court Strikes Down Racial Discrimination in Jury Selection

Bellingham Defense Attorney, Jury Selection, Mount Vernon Criminal Defense Attorney, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Equal Justice Initiative Releases Report on Racial Discrimination in Jury Selection | Death Penalty Information Center

In State v. Rhone, the WA Supreme Court overturned a 65-year-old Black man’s conviction, nearly two decades after he alleged racial discrimination in the jury selection process for his trial.

BACKGROUND FACTS

Rhone proceeded to trial on charges of first degree robbery, unlawful possession of a controlled substance with intent to deliver, unlawful possession of a firearm, and bail jumping. During jury selection, the parties agreed to remove one of the two Black jurors in the 41-member pool for cause. The prosecution—using a peremptory challenge—struck the remaining Black venire juror. After the court swore in the jury, Rhone made the following statement:

“I don’t mean to be facetious or disrespectful or a burden to the Court. However, I do want a jury of my peers. And I notice that the prosecutor took away the Black, African-American, man off the jury. Also, if I can’t have—I would like to have someone that represents my culture as well as your culture. To have this the way it is . . . seems unfair to me. It’s not a jury of my peers. . . . I am an African-American Black male, 48 years old. I would like someone of culture, of color, that has—perhaps may have had to deal with improprieties and so forth, to understand what’s going on and what could be happening in this trial.” ~Theodore Rhone

The court understood Rhone’s statement as a Batson challenge, found no prima
facie case of discrimination and denied Rhone’s request for a new jury panel. The jury convicted him of all charges. Rhone received a life sentence without the possibility of parole for two of his convictions.

In 2010 Rhone appealed, arguing for a “bright-line rule” establishing a prima facie case of discrimination when “the last remaining minority member of the venire is peremptorily challenged.” Unfortunately, the Washington Supreme Court denied Rhone’s appeal at that time.

However,  in their 2017 ruling in City of Seattle v. Erickson, the WA Supreme Court affirmed the very rule Rhone wanted to establish — even calling it the “Rhone Rule.” The court’s decision now to overturn Rhone’s convictions allows him to finally benefit from that rule. Rhone now sought collateral relief based on Erickson.

COURT’S ANALYSIS & CONCLUSIONS

Justice Susan Owens wrote the court’s opinion. She reasoned that Mr. Rhone’s unsuccessful challenge to the last remaining Black juror being struck from his venire directly resulted in him facing a jury that was undoubtedly less likely to debate and consider uncomfortable issues related to race and acknowledge and mitigate implicit biases than that of a diverse jury.

“Recalling the mandate in the unique circumstances of Rhone’s case accomplishes this mission; we must allow him to benefit from the rule he proposed that ultimately became the law in this state.” ~Justice Susan Owens

With that, the WA Supreme Court reverse Rhone’s convictions and remanded for a new trial.

My opinion? I applaud the court’s decision. When juries have diverse makeups, it allows them to draw from various lived experiences, and offer greater perspectives. Studies have shown that all-white juries spend less time deliberating, make more errors, and consider fewer perspectives. They also convict at higher rates and convict Black defendants at higher rates than other defendants specifically.

The court’s decision is the correct step toward racial justice and equity. In announcing the reversal of Rhone’s convictions, the state Supreme Court also ordered a new trial. Rhone will finally have a jury of his peers, as the law and constitution intended.

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 Crime Rates – 2022 & 2023 Thus Far

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

Free photo: Bellingham Police (9096) - Bellingham, Bellingham Police Car, Bellingham Police Department - Free Download - Jooinn

You’ve likely heard a lot about crime recently. It’s been a major topic of campaign rhetoric and featured in a cacophony of often misleading ads. More Americans than ever now believe that crime is up in their community, according to a recent Gallup poll.

But what do crime statistics reveal for the City of Bellingham, in particular?

Out of curiosity, I researched the City of Bellingham’s crime statistics for both 2022 and 2023. Here’s what the numbers show:

BELLINGHAM CRIME STATISTICS – ALL NEIGHBORHOODS – 2022

Reported Incidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Alcohol Offenses 0 0 0 0 0 0 2 3 5 2 0 0
Assault (Felony) 17 12 21 14 16 9 24 12 18 18 10 9
Assault (Misdemeanor) 42 44 54 48 54 43 57 56 51 56 28 53
Auto Theft 74 62 62 47 39 32 30 40 36 27 32 22
Burglary (Residential) 78 57 89 70 64 49 52 68 59 58 60 51
Crimes Against Person 19 19 18 17 16 22 22 19 11 19 10 11
Crimes Against Property 48 42 46 38 44 47 51 37 39 38 41 27
Domestic Violence 62 67 58 84 58 60 74 76 69 64 73 55
Drug Offenses 9 7 7 15 18 13 35 24 22 20 17 19
DUI 10 17 15 17 14 22 22 19 35 23 20 19
Homicide 0 1 0 0 1 0 0 0 0 2 0 0
Malicious Mischief 80 86 194 152 139 263 294 415 285 298 311 258
Public Order Maintenance 321 278 345 247 297 351 287 274 262 306 258 316
Robbery 16 16 9 10 12 11 17 8 7 14 5 5
Service Calls 472 365 466 430 512 504 514 500 438 367 456 407
Sex Crime Reports 4 5 10 5 6 5 11 10 6 10 8 11
Theft 318 293 336 296 296 275 268 285 243 242 259 185
Traffic Accidents 53 40 58 55 45 54 39 53 42 79 63 24
Traffic Offenses/Complain 154 158 141 116 114 100 113 89 159 143 121 88
Vehicle Prowls 197 184 226 194 200 105 122 127 87 126 90 62
All Others 196 144 169 119 149 155 184 143 145 175 146 114
Calls – Non-reportable 4247 4051 4631 4348 4930 5281 5496 5267 5017 4838 4003 4194
Totals 6417 5948 6955 6322 7024 7401 7714 7525 7036 6925 6011 5930

 

BELLINGHAM CRIME STATISTICS – ALL NEIGHBORHOODS – 2023

Reported Incidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Alcohol Offenses 3 0 1 0 4 3 1 0 0 0 0 0
Assault (Felony) 5 14 12 10 14 15 16 0 0 0 0 0
Assault (Misdemeanor) 52 35 33 42 53 39 59 0 0 0 0 0
Auto Theft 28 22 24 15 24 28 21 0 0 0 0 0
Burglary (Residential) 55 34 52 58 58 60 32 0 0 0 0 0
Crimes Against Person 16 11 22 18 27 24 20 0 0 0 0 0
Crimes Against Property 41 30 30 27 21 33 21 0 0 0 0 0
Domestic Violence 69 49 61 76 66 74 78 0 0 0 0 0
Drug Offenses 27 32 24 19 29 29 26 0 0 0 0 0
DUI 29 21 33 27 39 30 36 0 0 0 0 0
Homicide 0 0 2 0 1 0 0 0 0 0 0 0
Malicious Mischief 322 375 365 295 192 106 50 0 0 0 0 0
Public Order Maintenance 314 273 260 328 299 317 256 0 0 0 0 0
Robbery 12 10 10 5 11 9 5 0 0 0 0 0
Service Calls 480 412 462 395 446 513 417 0 0 0 0 0
Sex Crime Reports 6 6 5 5 4 9 4 0 0 0 0 0
Theft 234 219 218 226 251 196 177 0 0 0 0 0
Traffic Accidents 13 10 15 17 8 26 7 0 0 0 0 0
Traffic Offenses/Complain 91 77 93 85 85 66 47 0 0 0 0 0
Vehicle Prowls 57 52 52 59 59 44 27 0 0 0 0 0
All Others 167 143 154 134 146 143 90 0 0 0 0 0
Calls – Non-reportable 4431 3947 4858 4697 5186 4964 4720 0 0 0 0 0
Totals 6452 5772 6786 6538 7023 6728 6110 0 0 0 0 0

The numbers are interesting. Without diving too deeply into sub-categories, it appears that crime is trending down. In 2022, the City of Bellingham had 47,781 reported incidents of crime from January – July. In 2023, the City of Bellingham has 45,409 total reported incidents of crime from January – July.

The take-away? Bellingham, WA is a relatively safe city compared to the national average. According to bestplaces.net, violent crime in Bellingham is 18.8 which is significantly lower than the US average of 22.7. Similarly, property crime rate in Bellingham is 71.5 which is more than twice as low as the US average of 35.4. Therefore, it can be concluded that Bellingham is an overall safer area than most places in the United States.

It’d be interesting to know what criminal charges were reduced, dismissed, acquitted or found guilty.

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.

How To Handle False Allegations of Sexual Assault

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Sex Crimes, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

What Is A Malicious Allegation

I’ve successfully obtained dismissals, reductions or jury acquittals on a large number of sexual assault cases in my career. These cases are inherently challenging. They require an immense amount of time, work, energy, investigations and pre-trial litigation. Those suspected of false allegations must have situational awareness of the threats, risks and criminal exposure that these false allegations carry. In this blog, I’ll discuss how best to handle false claims of sexual assault so that you can move forward in a positive trajectory without fear or shame.

False accusations of sexual assault are harrowing, traumatic and frightening. They can have long-lasting effects on your life, even if the allegation is found to be untrue. When handling false allegations of sexual assault, it’s important to remain calm and take steps to protect yourself from further harm.

CONTACT A CRIMINAL DEFENSE ATTORNEY

Your first step after being accused of sexual assault should be to contact a criminal defense attorney who is experienced in handling sexual assault cases. A criminal defense lawyer can advise you on protecting your legal interests and help guide you through handling false accusations. This could include reaching out to law enforcement or the prosecutor’s office in an effort to avoid charges being filed.

Defense attorneys can challenge eyewitness accounts by showing inconsistencies. They can also seek to suppress identification evidence gathered improperly. They can advise you on gathering evidence that could prove your innocence, such as medical records or witness statements. In addition, they will be able to explain what legal processes are involved in handling sexual assault allegations, such as how to handle any required court appearances.

In Washington State, numerous defenses exist to fight back against these charges. Some of these defenses are as follows:

  • Alibi
  • Consent
  • Duress
  • Entrapment
  • Insanity
  • Reasonable Defense of Victim’s Age

Undoubtedly, your defense begins with contacting a criminal defense attorney.

DO NOT TALK TO POLICE

Our friends in law enforcement are placed in very difficult positions when investigating sexual assault charges. They did not witness the events take place. However, they are contacted by the alleged victim, medical professionals and/or sexual assault advocates to proactively investigate these serious criminal charges and incarcerate suspects when necessary or possible.

Know this: police are not your friend, ally, mediator or protector in these situations. On the contrary, police are doing their best to gather as much evidence as possible in support of the pending sexual assault charges.

Therefore, sexual assault suspects should not talk to police unless they have their lawyer present. Some suspects think that they can clear their name by cooperating completely with a police investigation. In many cases, however, they end up giving law enforcement valuable evidence that incriminates them. Typically, a suspect’s voluntary statements to police are admissible at trial. These voluntary statements make it extremely difficult to defend against a sexual assault charge once it is filed.

By not talking to police, suspects force police to build their own case. It also eliminates the possibility that the suspect will say something that inadvertently or coincidentally incriminates them.

DO NOT TALK TO OTHER PEOPLE INVOLVED IN THE CASE

Sexual assault suspects should not talk with others who were involved in the incident. This includes the alleged victim and any witnesses. There is very little to be gained by discussing the incident with anyone. Worse, there is a significant risk of saying something that is incriminating. Chances are high that police will interview everyone involved. A poorly-phrased comment can quickly become evidence against the defendant. Additionally, intimidating or tampering with a victim or witness is a crime.

DOCUMENT EVERYTHING

It is essential to keep track of all correspondence related to the case. This includes saving  emails, text messages and letters from police officers, lawyers, prosecutors, and witnesses. This documentation can be used later as evidence in your defense if needed. You should also keep track of any legal advice that you receive from your defense attorney. This information can be used to refute false claims or statements.

GATHER EVIDENCE & WITNESSES IN SUPPORT OF YOUR INNOCENCE

If possible, it’s crucial to gather evidence and witnesses who can attest to your innocence. This may include text messages, emails, video evidence, or other documents showing that the incident never occurred or that a witness is not being truthful. You should also speak with anyone who witnessed the alleged incident or who can provide a character reference for you. A criminal defense attorney can greatly assist in collecting this evidence, and so it is best to consult with an attorney before you begin this process.

REACH OUT FOR EMOTIONAL SUPPORT

It is important to seek emotional support during this difficult time. Speak with friends and family about what is going on and ask them for their help. Consider speaking with a therapist or counselor who can provide additional emotional guidance.

False accusations of sexual assault can be challenging to handle, but remember that you are not alone. By following the steps outlined above, you can protect yourself and your legal interests while handling false claims of sexual assault. With the right help and support, you will come out of this experience stronger and more resilient than ever.

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

Remote Jury Selection

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Remote Jury Selection, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

REMOTE JURY SELECTION DURING A PANDEMIC - BCBA

In State v. Wade, the WA Court of Appeals held that Remote Jury Selection does not violate the right to a jury drawn from a fair cross-section of the community.

FACTUAL BACKGROUND

Mr. Wade was convicted of first degree burglary, first degree robbery, and second degree assault (X2) following an attack on a married couple and their grandson.

His jury trial took place during the COVID-19 Pandemic. At that time, King County Superior Court had just reopened for in-person criminal jury trials. Nevertheless, remote jury selection was still the preferred process for conducting voir dire. This process allowed the parties to conduct jury selection by video conference using the ZOOM Meeting Application.

Mr. Wade objected to electronic or virtual jury selection on various grounds. He argued this process violated his constitutional right to a jury drawn from a fair cross-section of the community. The trial court denied his motion. The jury found him guilty as charged.

On appeal, Wade challenged the use of remote videoconferencing technology for jury selection pursuant to court orders authorizing its use to reduce risk of COVID-19 exposure. He claims this method of jury selection violated his right to a jury drawn from a fair cross-section of the community because it excluded people based on their race and economic status, as well as his right to a fair trial.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals gave its criteria for establishing a violation of the defendant’s right to a jury drawn from a fair cross-section of the community:

“A prima facie violation requires three elements: (1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process.” ~WA Court of Appeals

Applying this criteria, the Court acknowledged that Wade indeed established that both African-Americans and people of low economic status comprise distinct groups.

“However, Wade fails to show that representation of these groups in the venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community,” said the Court. “He presents no evidence establishing the proportion of African-Americans or the prevalence of low economic status either in King County or Wade’s venire.”

Furthermore, the Court found that Wade failed to establish the third element of his case. Here, potential jurors had already been selected from the jury pool, summonsed by postcard, questioned, and hardship dismissals granted before the technical requirements of remote jury selection were introduced.

With that, the Court of Appeals upheld Wade’s conviction.

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.

Whatcom Sheriff’s Office & Jail Flooded by Inmate

Bellingham Defense Attorney, Jail, Mount Vernon Criminal Defense Attorney, police, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Fire sprinkler system - Wikipedia

. . . just another reason for a new jail.

Last Sunday, the Whatcom County Sheriff’s Offices and Jail was flooded by a sprinkler head that was tampered with by an inmate. The flooding caused over $5,000 in estimated damages, the Sheriff’s Office reported.

Corrections deputies quickly learned that the heavy water flow was from a sprinkler head that had been tampered with by an inmate. The amount of water quickly overwhelmed the drains and flooded the entire first floor of the jail. Corrections Deputies, Sergeants and inmate workers pulled together to mitigate the water flow and guide it to drainage.

The water began seeping into the Sheriff’s Office administrative space, which is located below the jail. Large volumes of water penetrated portions of the Sheriff’s Office ceiling, causing significant damage to interview rooms, offices and electronic equipment.

Corrections staff contacted Whatcom County Facilities Department, which maintains the jail facility. The Bellingham Fire Department was also contacted and was able to turn off the main water line approximately 15-20 minutes later.

Flooding from the jail is an ongoing concern. Over the years, broken pipes (including sewage pipes) and inmate vandalism have led to numerous flooding incidents.

Estimated damages from this flooding are currently over $5,000.00 and growing. Probable cause exists to charge the inmate with Malicious Mischief First Degree.

“The water began seeping into the Sheriff’s Office administrative space, which is located below the jail. Large volumes of water penetrated portions of the Sheriff’s Office ceiling, causing significant damage to interview rooms, offices and electronic equipment.” ~Whatcom County Sheriff’s Office

Whatcom County Officials are preparing to place another jail tax on the November ballot for the third time in eight years. That measure would build a new and larger facility and include provisions for mental health and substance abuse treatment, along with programs to keep individuals out of jail.

My opinion? It’s time Whatcom County voted “Yes” to a new jail. It benefits all parties,  including inmates, the public and police. Clearly, the safety of Whatcom County’s police officers is at risk when hijinks like this take place.

Alcohol-Related Deaths Increased Amid a Spike in Pandemic Drinking

Bellingham Defense Attorney, Coronavirus, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

U.S. Alcohol Consumption Soars During COVID-19 Pandemic | Time

Excellent Washington Post article by and reported on federal data showing U.S. consumption of alcohol accelerated during the COVID-19 Pandemic as Americans grappled with stress and isolation.

Mississippi saw a 159 percent increase in alcohol-related deaths, the nation’s biggest leap, along with a 10 percent rise in apparent consumption. In Delaware, consumption increased the most, by 25 percent, while alcohol-related deaths rose 73 percent.

George F. Koob, director of the National Institute on Alcohol Abuse and Alcoholism (NIAAA), said the traumas of the pandemic brought the increase. The fear of covid-19 infection, job losses, social isolation added to everyday stresses that were already spurring people to drink.

Experts point to a variety of factors for the increase, among them stagnant alcohol taxes that make drinking cheap relative to inflation, increased marketing to women and social despairs that have led to crises of mental health and addiction in the United States.

The NIAAA Report.

According to NIAAA data, apparent consumption of alcohol, measured as gallons of ethanol sold per capita, increased by 6.6 percent between 2018 and 2021 across the United States.  Overall consumption reached an average of about 2.8 gallons per person annually — roughly 597 drinks per year — for Americans over 21.

That’s the highest consumption level since 1988.

The drinking patterns reported by the NIAAA varied significantly by state. In nine states — including Florida, Tennessee and New Jersey — alcohol consumption increased by at least 10 percent.

The NIAAA data suggests that increased alcohol consumption may be more pronounced than previously believed. The 2021 National Survey on Drug Use and Health indicated that nearly 9 in 10 U.S. adults of drinking age reported drinking the same or less than they did before the pandemic. Researchers say this type of survey data can mask risky behavior or changes in drinking habits because respondents often underreport their alcohol use.

Alcohol-related Deaths Increased in Every State.

As alcohol use was surging, so were alcohol-related deaths. Between 2018 and 2021, deaths caused by alcohol increased in every state, according to CDC mortality data. Some states that had some of the biggest increases in consumption also had some of the largest spikes in alcohol-related death rates. In Mississippi, the rate of deaths caused by alcohol more than doubled in a four-year span, rising from 7 deaths per 100,000 residents to about 18 deaths per 100,000 in 2021.

“The costs of alcohol abuse and dependence are phenomenal,” said Jefferson Parker, a professor of psychiatry who co-directs a new addiction treatment program at the University of Mississippi Medical Center, which last fall received a $6 million federal grant to help treat alcohol use disorder, along with opioid addiction.

New Mexico had more than 51 deaths per 100,000 residents, the highest rate of alcohol-related deaths in the country, and an increase of almost 50 percent from its rate in 2018. Death rates related to alcohol also nearly doubled in Montana, South Dakota and Delaware during that time.

Who Was Drinking?

Younger drinkers saw the biggest increase in the rate of alcohol-related deaths, which spiked by nearly 80 percent among 25-to-44-year-olds, a Washington Post analysis of CDC data found. For every 100,000 people within that age range, 12 people died of alcohol-related issues in 2021, the analysis found.

Older age groups didn’t see rises that dramatic but already had high rates. People between the ages of 55 and 64 had the highest rate of alcohol-related deaths, at 42 per 100,000. Those findings add to similarly grim statistics. A CDC study published last fall estimated that between 2015 and 2019, excessive alcohol use was to blame for 1 in 8 deaths of Americans between the ages of 20 and 64.

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.


Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
Suite #27
Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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