Tag Archives: Mt. Vernon Criminal Defense Attorney

WA Supreme Court Rules Against Edmonds Gun Storage Law

Bellingham Defense Attorney, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Supreme Court, Whatcom County Criminal Defense, , , , ,

Gun Laws - FindLaw

In Bass v. City of Edmonds, the Washington Supreme Court struck down an Edmonds gun storage ordinance in a court order reaffirming state law that local governments can’t impose their own firearms regulations.

FACTUAL BACKGROUND

After robust debate following a mass shooting at the nearby Marysville Pilchuck High School, the Edmonds City Council adopted an ordinance requiring residents to safely store their firearms when not in use. Ordinance 4120, codified as Edmonds City Code (ECC) chapter 5.26. The ordinance contains two operative provisions. Under the “storage provision,”

“It shall be a civil infraction for any person to store or keep any firearm in any premises unless such weapon is secured by a locking device, properly engaged so as to render such weapon inaccessible or unusable to any person other than the owner or other lawfully authorized user.”

“Notwithstanding the foregoing, for purposes of this section, such weapon shall be deemed lawfully stored or lawfully kept if carried by or under the control of tthe owner or other lawfully authorized user.”

ECC 5.26.020. Under the “unauthorized access” provision,

“It shall be a civil infraction if any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm.”

Violation of either provision carries a civil fine of as much as $10,000 if an at-risk person or child gained access to an unsecured gun.

At around the same time, Washington voters enacted Initiative 1639. This initiative, among many other things, criminalizes unsafe storage of firearms but in more limited circumstances than Edmonds’ ordinance. Unlike the City of Edmonds ordinance, the voter  initiative – later codified as RCW 9.41.360 – specifically did not mandate how or where a firearm must be stored.

The legality of the Edmonds’ ordinance was challenged and eventually made its way to the WA Supreme Court.

COURT’S ANALYSIS & CONCLUSIONS

First, the Court found that the plaintiffs had legal standing to challenge the ordinance.

Next, the Court turned to the issue of whether existing statute under RCW 9.41.290 preempts this ordinance. The statute reads the following, in part:

“The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter.”  ~RCW 9.41.290

Ultimately, the court ruled that Washington state law RCW 9.41.290  “fully occupies and preempts the entire field of firearms regulation within the boundaries of the state.”

Thursday’s ruling was a victory for gun rights organizations, such as the National Rifle Association and the Bellevue-based Second Amendment Foundation, both of which participated in the legal challenge.

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.

New Washington State Patrol Trooper Class the ‘Most Diverse’ in the Agency’s History

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, police, Race & Law, Skagit County Criminal Defense, Washington State Patrol, Whatcom County Criminal Defense, , , , ,

Governor Murphy Sign Laws In An Effort To Try And Boost Racial Diversity Among New Jersey Police Departments | New Jersey Public Safety Officers Law Blog

King5 News reports that the latest class of graduates from the Washington State Patrol Academy (WSP) is the agency’s most diverse.

Of the 44 cadets sworn into service Wednesday, 43% come from populations considered historically underrepresented. Two of the new troopers are women, six are Hispanic, four are Asian, two are Black, and five identified themselves as representing two or more of those groups.

However, it’s reported that the agency still does not reflect the diversity of the state’s population. Not counting the recent graduating class, 90% of WSP’s commissioned officers are male, and 85% are white. That lack of diversity prompted state legislators to pass a law requiring oversight of the agency’s minority hiring practices.

WSP spokesperson Chris Loftis said the agency’s recent class is proof WSP was working on the issue before legislative action.

“We’re really seeing the fruits of our labor,” said Loftis. “It’s targeted recruitment, it’s community engagement, but it’s also increasing the allure and respect for law enforcement.”

My opinion? This is good news. And arrives on other reporting that it’s difficult to hire cadets from diverse backgrounds:

“This is a profession in particular over the course of the last many years that has struggled with regards to community acceptance to some degree as a profession, which has made it a lot more difficult to recruit folks within the diverse communities.” ~WSP Chief John Batiste.

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 State Patrol Lacks Diversity, Seeks Active Recruitment of Minority Officers

Bellingham Defense Attorney, law enforcement, Mount Vernon Criminal Defense Attorney, police, Race & Law, Skagit County Criminal Defense, Uncategorized, Washington State Patrol, Whatcom County Criminal Defense, , , ,

Police Officers Explain Why Diversity in Law Enforcement Matters | Rasmussen University

King5 journalist PJ Randhawa reports that diversity in the Washington State Patrol (WSP) has been lacking for years. A new state law is putting pressure on the agency to attract and retain cadets of color.

WSP data shows the majority of state troopers are white men. Department of Justice and state data found diversity in the state patrol has declined. Compared with 2003, the patrol now employs fewer Black, Asian and Native American troopers.

A new state law looks to change the narrative. In March, Gov. Jay Inslee signed a bill that puts pressure on WSP to attract and retain cadets of color. The measure will cost the state patrol $1.3 million. It includes the commission of an independent study into retention and recruitment efforts in addition to setting agency benchmarks and providing legislative oversight of WSP’s progress.

THE PROBLEM IS SYSTEMIC AND BEGINS AT RECRUITING

A 2021 state study into WSP’s retention and recruitment practices showed cadets of color were failing the agency’s psychological evaluation at a higher rate than their white counterparts. And there’s a lot at stake – if you flunk the psychological evaluation, you’re out.

According to data compiled in the report, 36% of white candidates didn’t pass WSP’s psychological evaluation compared to 44% of Latinx candidates, 67% of Asian candidates and 60% of Black candidates who didn’t pass the psychological examination.

Dr. Daniel Clark, WSP’s longtime psychologist, was the man responsible for administering the tests. Clark faced criticism from lawmakers after that 2021 state report showed candidates of color were rejected from the patrol at high rates. The report found, “Every focus group and multiple key executives reported concerns of bias in the psychological evaluation process.”

Clark kept his job. He’s been reassigned at the state patrol and now deals with counseling and training.

THE WSP’S COMMITMENT TO DIVERSITY

Last year, WSP announced they had signed onto the 30×30 pledge, a nationwide effort within police departments to increase representation in all ranks and promote gender equity. According to the WSP, “The ultimate goal of the 30×30 Initiative is to reach 30 percent of women in police recruit classes by 2030 and to ensure policing agencies are truly representative of the jurisdiction the agency serves. While 30×30 focuses on advancing women in policing, these principles are applicable to all demographic diversity, not just gender.”

According to a statement provided by WSP, high vacancy rates across all law enforcement agencies have increased competition for candidates of color. They say they continue to modify their hiring and training practices to eliminate any unintended barriers for candidates of color.

My opinion? I agree with recent studies showing that diversity in law enforcement may improve policing. Compared to white officers, Black and Hispanic officers made far fewer stops and arrests — and used force less often — especially against Black civilians. Also, female officers used less force than their male counterparts. Apparently, de-escalation tactics and a decrease in unnecessary pullovers benefits everyone.

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.

Fentanyl-Filled Pills Seized by US law Enforcement up 4,850%

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

Fentanyl-related overdoses increase across Georgia, the DPH reports - 41NBC News | WMGT-DT

Great article by Erin McCormick discusses how  a new study found that more than two million counterfeit pills were confiscated in the last quarter of 2021 alone.

And over the past four years, the number of counterfeit pills containing fentanyl that have been seized by US law enforcement jumped by 4,850%. The new study shows an alarming surge in the deadly drug is putting people at increasing risk for accidental overdose.

Using a first-of-its-kind, real-time analysis of federal data, the study found that more than 2m fake pills were seized by officials in the last quarter of 2021 alone. This was a drastic increase up from 42,000 in the first quarter of 2018. Researchers also found that the number of individual seizures involving fentanyl pills increased by 834%.

The study’s authors say this reflects the huge supply of these pills. Apparently, criminal drug networks manufacture the pills to look like legitimate pharmaceutical tablets sold on the streets.

“These look just like prescription pills. That’s the scary part. One pill that contains fentanyl literally can kill you.” ~Study’s lead author, Joseph Palamar, professor of population health at NYU Grossman School of Medicine.

The study comes at a time when the number of overdose deaths in the US has exploded to more than 100,000 a year due to the huge amounts of fentanyl and other synthetic opioids saturating the nation’s drug supply. Fentanyl is as much as 100 times more potent than morphine and, as Palamar notes, one small baggie of the stuff can contain enough of the drug to kill hundreds of people.

In a two-month period in 2021, the US Drug Enforcement Agency announced it had arrested 810 drug traffickers across the United States and seized enough fentanyl-filled pills to kill more than 700,000 Americans.

Researchers said the number of drug seizures is a reflection of the huge amount of fentanyl on the streets and warned of the dangers it can pose to unknowing members of the public, particularly young people who may be unwittingly buying fentanyl-tainted pills online or from friends.

“Pills can disguise the risk,” said study coauthor Dr Daniel Ciccarone, a professor specializing in addiction medicine at the University of California, San Francisco. “A pill can be taken by a college student who is trying to stay up all night to study for an exam and doesn’t know whether his buddy is selling him real Adderall or fake Adderall. A pill can be taken by a kid who goes to a club and thinks he’ll have more fun if he takes the party drug MDMA – and instead he gets fentanyl.”

Ciccarone and Palamar said people should avoid any pill that isn’t prescribed by their own doctor – including medicines given to them by friends or bought over social media or on the street. At the very least, users of illicit drugs should consider testing them with fentanyl detection strips, available through many health departments and needle exchange groups, they said.

“The street pill is now much more dangerous than it was for earlier generations,” said Cicarrone. “That is the problem.”

The study’s innovative methodology analyzed real-time federal data on the drugs being seized by law enforcement on streets and at border crossings around the nation, in what researchers hope can become an early warning system for spotting new drug dangers on the market and even heading off overdose deaths.

“An increase in illicit pills containing fentanyl points to a new and increasingly dangerous period in the United States,” said Dr. Nora Volkow, director of the National Institute on Drug Abuse, which funded the study. “Pills are often taken or snorted by people who are more naive to drug use, and who have lower tolerances. When a pill is contaminated with fentanyl, as is now often the case, poisoning can easily occur.”

Young people have been particularly hard hit by recent drug overdose deaths. An earlier analysis showed youth under 24 account for the fastest rise in drug deaths, with 7,337 youth dying in 2020 alone.

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

Why Pot Shops Get Robbed

Bellingham Defense Attorney, Federal Crimes & Prosecutions, marijuana, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Brutal Pot Shop Robbery Caught On Camera

The news bombards us with frequent reminders of WA marijuana retailers getting robbed and burglarized.  Pot shops up and down the I-5 corridor, from Bellingham to Vancouver, are increasingly becoming the target of armed robberies. And some of those robberies have even left employees with gunshot wounds.

One reason why pot shops are hit so often is that the businesses are cash-only. Because marijuana is federally illegal, federal law prohibits the stores from taking credit or debit card payments. Transactions in the U.S. involving the purchase or trade of marijuana are not permitted on credit card networks until federal law allows. As a result, credit card companies have distanced themselves from facilitating marijuana -based transactions.

Banking has been a sticking point for the legal cannabis industry for much of its existence. Even where legal, banks are often hesitant to get involved with cannabis businesses. That extends to cannabis credit card processing: a card network ban on cannabis transactions has locked state-legal THC licensees out of merchant processing services, preventing them from transacting with debit and credit cards.

Credit unions are also leery of marijuana transactions for many of the same reasons. The National Credit Union Association (NCUA) reports that under federal law and regulations, there are some “worst case scenarios” that may occur. First, a credit union could face criminal liability for banking a business that engages in a federally illegal activity, i.e., the sale of marijuana. Second, the NCUA could pull the credit union’s charter, thus, potentially leaving the credit union’s members temporarily without services and requiring that credit union to be absorbed into a different credit union.

Third, the NCUA could terminate the credit union’s share insurance account, which would force that credit union to find a private insurance provider. Fourth, the credit union could lose access to its Federal Reserve master account. And finally, should a credit union’s member(s) be prosecuted, their funds could be tied up in asset forfeiture proceedings, which could be labor-intensive and impact the credit union’s balance sheets.

My opinion? When cannabis becomes legal in the U.S. federally, all merchants — ecommerce and brick-and-mortar — can expect an explosion of legitimate payment providers. Until then, cash is king. And as such, unfortunately, marijuana retailers may continue to be victims of crime.

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.

Confrontation, Video Testimony & COVID

Bellingham Defense Attorney, Burglary, Confrontation Clause, felony, Mount Vernon Criminal Defense Attorney, Robbery, Sex Crimes, Sixth Amendment, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , ,

Legal Videography - Compass Reporting | Litigation Support Concierge

In State v. Milko, the WA Court of Appeals held that a defendant has a right to have witnesses present in the courtroom. However, that right can be overcome. Here, the trial court lawfully allowed witnesses to testify by video when they had health related concerns about contracting COVID-19.

FACTUAL BACKGROUND

In 2018, Milko on five separate occasions contacted women who were paid escorts. He
arranged to meet them at houses in Puyallup that he did not live in or own. When each
woman arrived, Milko displayed a knife in an attempt to take their money or to rape them.

The State charged Milko with 12 felony offenses related to five incidents and five
victims. The charges included Burglary, Robbery and Sex Offenses.

Milko’s trial was set for July 2020. At the time, COVID-19 had been declared a global pandemic and a national emergency in the United States. In February 2020, Governor Jay Inslee had proclaimed a state of emergency in Washington. He issued a number of proclamations designed to help curb the spread of COVID-19. The Supreme Court ordered all courts to follow the most protective public health guidance applicable in their jurisdiction and to use remote proceedings for public health and safety whenever appropriate.

Also, the CDC and the Washington Department of Health recommended social distancing measures of at least six feet between people and encouraged vulnerable individuals to avoid public spaces. The CDC encouraged people to avoid traveling because travel increased a person’s chance of getting infected and spreading COVID-19. The CDC noted that older adults and people of any age with serious underlying medical conditions, such as diabetes and asthma, were at a higher risk for severe illness from COVID-19.

The trial court granted the State’s request to allow two State’s witnesses to testify remotely. One witness was SANE nurse Ms. Biddulph. The other witness was victim JA.

At trial, the five victims and several investigating officers testified in person about the
incidents giving rise to the charges. Biddulph testified by two-way video about examining BP and completing a rape kit for her. JA testified by two-way video about Milko contacting her for her paid escort services in Florida and raping her at knifepoint. The trial court instructed the jury that the State was offering JA’s testimony only to establish identity, a common scheme or plan, and/or modus operandi.

The jury found Milko guilty of all charges except for attempted first degree robbery. He appealed on arguments that the trial court violated the confrontation clause by allowing witnesses to testify by video because of COVID-19 concerns.

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals (COA) explained that the Confrontation Clause of the Sixth Amendment to the U.S. Constitution provides that a person accused of a crime has the right “to be confronted with the witnesses against him.” Nevertheless, the COA quoted  Maryland v. Craig, and other cases holding that video testimony does not violate the confrontation clause if it ensures the reliability of the evidence by subjecting it to rigorous adversarial testing and thereby preserves the essence of effective confrontation.

Here, the COA upheld the trial court’s findings that Biddulph’s traveling to Washington would place her and her children at risk of negative health consequences regarding COVID-19 were warranted. Biddulph in particular had health concerns about her one year-old daughter, who had compromised health. And the court made a finding that Biddulph’s health care provider “advised against travel in order to protect the health of Ms. Biddulph and her small child.” The court’s ultimate finding was that Biddulph could not travel to Washington to testify because travel will place her at a significantly higher risk of exposure to the virus.

“Accommodating Biddulph’s health concerns was more than a matter of convenience,” said the COA. In addition, it reasoned that concern for the health of a third person may be sufficient to support a finding of necessity. “This is especially true in a pandemic. Given the nature of the COVID-19 pandemic, the risk to the health of Biddulph and her child if Biddulph was required to travel to Washington was significant and more than de minimis.”

The COA also found that the trial court found that JA’s health concerns due to her diabetes and asthma were warranted. These conditions would “place her at a higher risk of suffering severe health consequences if she were to contract COVID 19.”  Further, the COA upheld the trial court’s findings that JA’s conditions “make it difficult, if not impossible, to wear a face mask for an extended period of time, including on a cross-country flight.” The court’s ultimate finding was that “J.A.’s health is currently compromised, and she is at a higher risk of serious medical complications should she contract COVID-19.”

“We conclude that these findings support the conclusion that video testimony was necessary to protect JA’s health. Accommodating JA’s health conditions was more than a matter of convenience. Given the nature of the COVID-19 pandemic, the risk to JA’s health if she was required to travel to Washington was significant and more than de minimis.” ~WA Court of Appeals.

The COA concluded that the trial court did not err in allowing Biddulph and JA to testify remotely by video and their testimony did not violate Milko’s confrontation right. Consequently, the COA affirmed Milko’s convictions and sentence.

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 Will the New Gun Laws Affect Washingtonians?

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

Open carry ban at state Capitol, near demonstrations signed into law in Washington | king5.com

Gov. Jay Inslee signed three new pieces of legislation into law on Wednesday concerning new regulations on guns.

  • Senate Bill 5078 concerns “high-capacity” magazines in the state. The law will prohibit importing, distributing, manufacturing, selling or offering for sale of high-capacity magazines, which are defined as magazines that hold more than 10 rounds of ammunition.
  • House Bill 1705 concerns untraceable firearms, also known as “ghost guns.” The law will prohibit “manufacturing, causing to be manufactured, assembling, causing to be assembled, selling, offering to sell, transferring, or purchasing” of untraceable firearms.
  • House Bill 1630 adds restrictions to where Washingtonians can carry weapons. Open carrying weapons will now be prohibited at local government facilities, or locations where local government meetings take place. Possession of weapons will also now be prohibited at school board meetings and election-related facilities.

Among those in attendance at the ceremony were Attorney General Bob Ferguson, Democratic state legislators and individuals who’ve been affected by gun violence. The Attorney General’s office also points to studies that have concluded that gun magazine limits reduce the incidence of mass shootings and save lives.

WHAT HAPPENS IF I CURRENTLY OWN A “HIGH-CAPACITY” MAGAZINE?

Nothing. The legislature got rid of the language in the bill that would have regulated possession, so anyone in the state of Washington who currently owns, or who purchases high-capacity magazines before the law goes into effect will still be within the law. Once the law goes into effect, Washingtonians can no longer purchase high-capacity magazines in-state, online, or from another state. The law bans the importation, distribution, manufacture, sale or offer for sale of high-capacity magazines.

IS ANYONE EXEMPT FROM THE NEW LAWS?

Yes. Licensed firearms dealers can still sell high-capacity magazines to all branches of the military and to law enforcement agencies. Exemptions for who can carry weapons at certain facilities include federal, state and local law enforcement officials.

WHEN DO THESE LAWS GO INTO EFFECT?

The ban on high-capacity magazines goes into effect 90 days after the adjournment of the session, which ended on March 10. That means it goes into effect June 8.

The “manufacturing, causing to be manufactured, assembling, causing to be assembled, selling, offering to sell, transferring, or purchasing” of untraceable firearms will be prohibited after June 30. Restrictions on guns at school board meetings, local government meetings and election facilities goes into effect 90 days after the adjournment of the session, or June 8.

WHAT ARE THE PENALTIES FOR BREAKING THE NEW LAWS?

Violations of the firearms magazine ban are punishable by a gross misdemeanor. These crimes carry a maximum sentence of 364 days in jail and $5,000 fine. Violators of the ban on ghost guns can expect to pay $500 for the first offense. Second offenses can expect a misdemeanor, while three-time offenses can lead to a gross misdemeanor. Anyone who is caught with three or more ghost guns at once could potentially face a gross misdemeanor.

Violations of weapons restrictions at certain locations can expect a misdemeanor on the first offense, and a gross misdemeanor on the second offense.

My opinion? A constitutional challenge to the gun magazine law is likely. On Wednesday, the Nevada-based Firearms Policy Coalition announced it’s seeking plaintiffs to lead a lawsuit against the new law. Ferguson, however, expressed confidence the courts will uphold the law. Last November, a panel of judges from the 9th U.S. Circuit Court of Appeals upheld a similar ban enacted by California.

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

AGO Allocates $177,000.00 For Sexual Assault Kit Initiative

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

Wisconsin Sexual Assault kit Tests Yield First Conviction - Fox21Online

A press release from the WA Attorney General’s Office confirms that the office will provide 53 local law enforcement agencies across the state with funding for refrigeration units to store evidence from sexual assault investigations.

A sexual assault kit is a collection of evidence gathered from a survivor by a medical professional, usually a specially trained sexual assault nurse examiner. A crime lab then tests the evidence for DNA that could help law enforcement find a perpetrator.

Ferguson is providing the new units as part of his Sexual Assault Kit Initiative (SAKI) — a campaign to improve Washington’s response to sexual assault and end the state’s rape kit backlog. The Attorney General’s Office is allocating $177,204.73 of its federal SAKI grant funding to local law enforcement for the purpose of purchasing refrigeration units to store sexual assault kits. The Attorney General’s Office heard from local law enforcement that this is a major need. These resources will help ensure that sexual assault evidence, including evidence that needs to be refrigerated, does not expire due to lack of capacity.

“More storage means more evidence can be tested, and more crimes can be solved,” Ferguson said. “These resources will bring justice to survivors.”

This increased storage capacity will help law enforcement agencies comply with a 2020 law, House Bill 2318, that requires “unreported” sexual assault evidence to be stored for at least 20 years. This includes a sexual assault kit and all associated evidence for an assault that a victim has not yet reported to law enforcement. An unreported sexual assault kit is taken at a hospital and stored by law enforcement, should a victim choose to file a report. Evidence from reported assaults must be stored for 100 years.

The Blaine Police Department, Ferndale Police Department and Whatcom County Sheriff’s Office are receiving new units.

There are two types of sexual assault kit backlogs in Washington and across the country. The first is the “unsubmitted” sexual assault kit backlog, which consists of kits that sit in a law enforcement evidence storage facility because a DNA analysis was never requested. The second type of backlog occurs in crime lab facilities, when sexual assault kits have been submitted to the lab, but have not yet been tested. Once the kits are tested, local law enforcement can use DNA to reopen cold cases.

A significant type of evidence in sexual offense cases is the DNA recovered from rape kits. Rape kits are the physical evidence and notes from an assault victim’s examination. The physical evidence usually contains DNA such as hair, blood, bodily fluids, clothes and belongings of the victim, and physical evidence from the crime scene. In some cases, the rape kit findings are the primary evidence used against a defendant. However, rape kit findings do not necessarily equate with forced or unlawful sexual conduct. courts will evaluate the probative value of DNA findings and if the evidence is substantially outweighed by the danger of unfair prejudice.

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

DUI Emphasis Patrols Start Again At WSU

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

The Costs Associated With A Houston DUI - Butler Law Firm

The WA State Patrol (WSP) just announced it will conduct DUI emphasis patrols starting March 10-20 as Washington State University (WSU) students travel across the state for Spring Break.  District 4 troopers in Spokane, Whitman and Adams counties and District 6 troopers in Grant and Kittitas counties, will be focusing on speeding to include driving too fast for conditions, distracted/impaired driving and other collision-causing violations during the emphasis.

The press release advises students traveling across the state should make sure to prepare for winter travel conditions.  A small emergency kit with water, food, blankets, winter clothing and emergency flares are a good idea. “Our primary mission is to ensure that everyone travels during Spring Break without incident,” said WSP District 4 Commander Captain Jeff Otis.

Motorists traveling to and from WSU will see an increased WSP presence on State Routes 26 & 195 as well as Interstate 90 over Snoqualmie Pass.

“We encourage travelers to pay close attention to posted speed limits and to be prepared for changing road and weather conditions.” ~WA State Patrol

The WSP, WSU, and other state and local officials will be working hard throughout the break to ensure everyone heading to and from Pullman has a safe and enjoyable vacation. WSP public information officers will be updating information throughout the emphasis using the hashtag #BeSafeCougs.

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.

Whatcom Superior Court Relaxes COVID-19 Mask Requirements

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

Mask Mandate Lawsuits Reflect Bigger Battle: Do States or Local Districts Control Schools?

In a press release and new Administrative Order, Whatcom County Superior Court has officially ended to its face-covering requirement starting March 12, 2022. This comes pursuant to information provided in Governor Jay Inslee’s press conference on February 28, 2022.

According to the press release, face coverings in Superior Court controlled offices and common spaces will be optional. However, everyone who enters the Superior Court is encouraged to wear facial coverings for their own protection and the protection of others. While facial coverings are no longer mandatory in Superior Court, there are the following exceptions:

  • Jury trials, during which all participants, including jurors, judicial officers, court staff, parties, witnesses and the public must wear facial coverings at all times;
  • Whenever determined to be necessary by a judicial officer.

All participants to court proceedings should bring a facial covering to the courthouse for all
hearings, in case it is determined by a judicial officer that one is necessary. The court will
have limited supplies of masks available for those who need one.

Children under 5 years of age, people with medical or mental health conditions or disabilities that prevent them from wearing a facial covering are not required to wear a facial covering at any time.

FEDERAL COURTS ALSO GO MASKLESS

The news comes as a growing number of courts from coast to coast are going maskless amid a nationwide decline in COVID-19 cases. Since the beginning of March, more than a dozen federal district courts have issued orders relaxing or dropping requirements for people to wear face coverings aimed at reducing COVID-19’s spread.

“The Court sincerely hopes that this downward trend in COVID-19 cases and hospitalizations will continue,” Chief U.S. District Judge Ricardo Martinez in Seattle wrote in a Thursday order.

The changes came after the CDC on Feb. 25 dramatically eased its COVID-19 guidelines for masks, shifting from a focus on the rate of coronavirus transmission to monitoring local hospitalizations, hospital capacity and infection rates.

My opinion? Excellent. Our local courts were very responsive and responsible in the face of the COVID-19 Pandemic. I speak for us all – judges and attorneys alike – who say, “Let’s get back to work!”

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.