Tag Archives: Mt. Vernon Criminal Defense Attorney

COVID-19 Leads to Backlog of Criminal Cases

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

Justice delayed is justice denied | The Daily Star

Excellent article by Denver Pratt of the Bellingham Herald discusses how Whatcom Superior Court now faces a considerable backlog of unresolved cases due to the Coronavirus Pandemic.

“For prosecuting attorneys and for public defenders, this means higher caseloads and for defendants and victims, it means delayed justice,” reported Pratt.

According to Pratt’s article, we’ve seen a decreased number of cases that would normally resolve at trial by dismissal or plea bargain. Caseloads have risen. According to Pratt – who interviewed Whatcom County  Prosecutor Eric Richey – the eight felony prosecutors had caseloads of roughly 150 open cases prior to the pandemic. They now have around 250 cases each.

Also, according to Stark Follis – the Director of Whatcom County Public Defender’s Office – of the 11 felony attorneys on his staff, each one has a caseload of 100 or more cases. Some attorneys now carry twice their pre-pandemic caseloads.

“There’s an old saying that justice delayed is justice denied and there’s a certain amount of truth to that. Victims don’t want to wait for cases to be resolved, defendants don’t want to wait for cases to be resolved, and the more pending cases you have in front of you, the less time you have to spend on any one particular case. There’s nothing good that comes from a backlog.” ~Whatcom County Public Defender Starck Follis.

My opinion? All of the above is true. Since COVID-19 was declared a national emergency, every state has canceled or scaled back in-person criminal court proceedings to stem the spread of the virus. This has resulted in literally thousands of Defendants waiting for trials and other resolutions, while creating a cascade of civil rights issues for the accused.

More defendants – especially those with health problems – are striking plea deals to avoid sitting in jail for an undetermined amount of time. And virtual courts are exposing the disadvantages of the poor, who are less likely to afford Internet access for court dates, as new criminal cases stack up.

We need to resolve these cases.

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.

Prosecutor Opposes Suspending Driver’s Licenses for Failure to Pay Traffic Tickets

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Suspended License Georgia | DUI Lawyer | Criminal Defense Attorney

In an Open Letter released by the Bellingham Herald, Whatcom County Prosecutor Eric Richey wants to stop using courts and laws to act as debt collectors.

“I am opposed to the current practice of suspending Washingtonians driver’s licenses for failure to pay traffic tickets,” wrote Eric Richey. “This year, the Washington legislature has an opportunity to eliminate this harmful policy.”

Richey explains how Senate Bill 5226, sponsored by Sen. Jesse Salomon (D-Shoreline), will eliminate the practice of suspending licenses for non-public safety reasons while strengthening accountability measures. Currently, the measure has already passed in the Senate with support from both sides of the aisle. The bill rights past wrongs by reinstating individuals’ licenses who were suspended for a reason entirely unrelated to public safety: failing to have the money to pay a court fine.

Richey believes Senate Bill 5226 helps focus the prosecutor’s office – and law enforcement’s resources – on protecting the public’s safety, instead of criminalizing poverty.

“My office and I are committed to continuing to protect the safety of Whatcom County. However, to effectively do so, we must stop using courts and laws to act as debt collectors, and instead use them to protect our residents and hold individuals accountable. Senate Bill 5226 will do that: keeping our roads safe without penalizing residents for an inability to pay court fines and fees. I urge the legislature to pass this bill and continue working in future sessions to decriminalize poverty by eliminating the remaining paths to suspending driver’s licenses, such as missing hearings related to payment plans, that are not covered within SB 5226.” ~ Eric Richey, Whatcom County Prosecutor

Well said. Our current practice of suspending Washingtonians driver’s licenses for failure to pay traffic tickets is outdated. It essentially criminalizes poverty.

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.

Women Are Reportedly Drinking More During COVID Pandemic

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

Doctors are seeing a rise in alcoholic liver disease in the last year, especially among people under 40 and especially women.

Excellent article by reporter Yuki Noguchi of NPR describes how cases of alcoholic liver disease — which includes milder fatty liver and the permanent scarring of cirrhosis, as well as alcoholic hepatitis — are up 30% over the last year at the University of Michigan’s health system, says Dr. Jessica Mellinger, a liver specialist there.

More startling, the increase disproportionally impacts young women.

Alcoholic liver disease often takes years to manifest. But it can become a threat for women more quickly because their bodies process alcohol somewhat differently than men’s.

So why the increased drinking? The reasons are clear.

Noguchi reports that women have borne the brunt of many new pressures of pandemic life, from virtual school and increased responsibilities at home, even as ads and pop culture have continued to validate the idea of drinking to cope: Mommy Juice, Rosé All Day, Wine Down Wednesdays. On top of that, eating disorders and underlying trauma from physical or sexual violence often add fuel to the fire, fanned by social isolation.

Just the sheer amount of trauma is really, really tragic,” said psychiatrist Dr. Scott Winder, a clinical associate professor at the University of Michigan who treats patients with alcoholic liver disease.

As stay-at-home orders began in some US states as a mitigation strategy for COVID-19 transmission, Nielsen IQ reported a 54% increase in national sales of alcohol for the week ending March 21, 2020, compared with 1 year before; online sales increased 262% from 2019.1 Three weeks later, the World Health Organization warned that alcohol use during the pandemic may potentially exacerbate health concerns and risk-taking behaviors.

Please contact my office if you a friend or family face alcohol related charges like DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

COVID-19 Impact on Trials

Bellingham Defense Attorney, Coronavirus, Jury Trial, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

Coronavirus: California suspends jury trials in superior courts for 60 days – Orange County Register

Excellent article in Time magazine by reporter Melissa Chan discusses the Coronavirus Pandemic’s impact on our criminal justice system.

Since COVID-19 was declared a national emergency in March 2020, every state and Washington, D.C., has canceled or scaled back in-person criminal court proceedings to stem the spread of the virus. The snarled justice system has left hundreds of thousands of families waiting for trials and other resolutions, while creating a cascade of civil rights issues for the accused.

According to Chan, more defendants – especially those with health problems – are striking plea deals to avoid sitting in jail for an undetermined amount of time, defense attorneys say. And virtual courts are exposing the disadvantages of the poor, who are less likely to afford Internet access for court dates, as a staggering number of new criminal cases stack up.

The first few courts in the U.S. to stop jury selection and postpone new criminal and civil trials did so around March 2020. At that time, health officials began urging millions of Americans to stay at home and keep 6 ft. away from others when venturing out. Even the U.S. Supreme Court postponed oral arguments for the first time in more than 100 years.

By fall 2020, some criminal jury trials had resumed with restrictions, including in areas of New York State, where each county was allowed to hold one criminal trial at a time in courtrooms outfitted with plexiglass barriers and jury seats spaced several feet apart.

But the reopening was short-lived, reports Chan. A surge in COVID-19 cases around the holidays forced another round of court restrictions. At the end of November, about two dozen U.S. district courts nationwide resuspended jury trials and grand jury proceedings, marking a “significant pause” in efforts by federal courts to resume full operation, court officials said.

Today, even in jurisdictions where in-person proceedings have resumed, limits on how many people can be in a courtroom at the same time for things like jury selection continue to slow the system.

In a pre-pandemic world, state courts typically resolved 18 million felony and misdemeanor cases annually, according to an NCSC study in August 2020, and an estimated 8 million to 10 million U.S. citizens reported for jury duty each year.

“We’re in sort of this holding period.” ~Paula Hannaford-Agor, director of the Center for Jury Studies at the National Center for State Courts (NCSC).

Apparently, jury trials returning to any semblance of normality until at least 2022.

My opinion? The courts are doing their best to open again, albeit safely. Nobody wants a jury trial to become a super-spreader.

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

Drug Cases Dismissed

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

See the source image

Informative article by Denver Pratt of the Bellingham Herald reports that more that 150 Whatcom County  cases are dismissed due to the WA Supreme Court’s ruling on drug possession cases in State v. Blake.

In my blog titled Unwitting Possession, I discussed how Blake held the state’s felony drug possession law was unconstitutional because — unlike the laws of every other state — it did not require prosecutors to prove someone knowingly or intentionally possessed drugs.

Ms. Pratt reports that under Blake, law enforcement agencies won’t be able to take enforcement action for people engaged in narcotics use or simple possession, according to Whatcom County Sheriff Bill Elfo. Apparently, the ruling also limits investigative and diversion and treatment strategies, Elfo said in an earlier story.

Pratt also reports that as of Friday, March 5, 160 cases have been dismissed in Whatcom County Superior Court, Whatcom County Prosecuting Attorney Eric Richey said. Because the decision from the state Supreme Court makes the law unconstitutional, Richey said his office was required to dismiss the cases and to take action quickly.

My opinion? Perhaps we’re realizing that some drug cases should be treated as medical problems and not criminal justice problems. Incarcerating, fining and convicting people of felony drug offenses has not worked. We’ve been fighting the War on Drugs since I was child. However, numerous studies show this “war” is a failure. Maybe it’s time for another approach.

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

A Return to Jury Trials

Bellingham Defense Attorney, Coronavirus, Jury Trial, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

What Jury Service During the Coronavirus Pandemic Looks Like - The New York Times

Whatcom County Superior Court will resume 12-person jury trials starting March 15, according to a Wednesday afternoon press release from Whatcom County Superior Court Judge Rob Olson.

Several Whatcom County courts, including the Superior Court, used emergency administrative orders to suspend jury trials in mid-March 2020 due to the COVID-19 pandemic.

Judge Robert Olson’s March 3 news release said “extensive new” safety precautions have been put in place to protect the safety of jurors and the public in order for trials to resume.

“The suspension of jury trials was needed to protect the public and court staff, and it gave us the opportunity to redesign our jury processes with the input of public health experts, trial participants, and other stakeholders . . . Now it is critical that we re-start jury trials, which are key to the fair administration of justice.” ~Whatcom County Superior Court Judge Robert Olson.

Prospective jurors will have their temperature checked and be screened for health problems on arrival. Safe distancing will be maintained during the selection process and no food, drink or reading materials will be provided for safety.

Just one trial will be conducted at a time using both large courtrooms to allow for safe distancing, and all trial participants will have to wear masks.

Anyone showing symptoms of COVID-19 or other health problems will be excused from jury duty.

My opinion? Excellent news. Conducting jury trials during the Coronavirus Pandemic has posed significant practical and legal challenges for courts. Hopefully, our courtroom safeguards will help chart a trustworthy path to safely resuming jury trials soon.

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.

Unwitting Possession

Bellingham Defense Attorney, Constitutional Rights, Drug Offenses, Due Process, felony, Methamphetamine, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Strict Liability Offenses, Washington Supreme Court, Whatcom County Criminal Defense, , , , ,

I am sorry I didn't know you did that! – TheWealthySon : Success Toolbox

In State v. Blake , the WA Supreme Court held that Washington’s Drug Possession Statute exceeds the state’s police power by imposing harsh felony consequences on innocent non-conduct.

FACTUAL BACKGROUND

In 2016, police executed a search warrant in Spokane, Washington, seeking evidence of stolen vehicles. They arrested three people on the property, including the Defendant Ms. Blake.  At the jail, a corrections officer discovered a small baggy containing methamphetamine in the coin pocket of Ms. Blake’s jeans.

The State charged Blake with Possession of a Controlled Substance.  At her bench trial, Blake relied on the judicially created affirmative defense of Unwitting Possession. She testified that a friend had bought the jeans secondhand and given them to Blake two days before Blake’s arrest.

Blake also said she had never used methamphetamine and did not know the jeans had
drugs in the pocket. She acknowledged that the drugs had been “on her” on the day of her arrest. Blake’s boyfriend also testified that Blake did not use drugs and that she had received the jeans from a friend. Despite her defense, the trial court found that Blake had possessed methamphetamine on the day in question and found Blake guilty.

On appeal, Blake argues that requiring her to prove unwitting possession to the charged offense violates due process.

COURT’S ANALYSIS & CONCLUSIONS

The WA Supreme Court held that Washington’s  felony drug possession statute – which is a essentially a strict liability statute – exceeds the state’s police power by imposing harsh felony consequences on innocent non-conduct with no mental state to commit the crime.

“The basic drug possession statute at issue in this case states, ‘It is unlawful for any person to possess a controlled substance'”, wrote Justice McCloud. “The State need not prove any mens rea (mental state) element to secure a conviction for this crime.”

The Court reasoned that the Due Process Clause protections limit the Legislature’s police power to criminalize wholly innocent and passive non-conduct. Stated differently, a defendant’s passive and innocent non-conduct falls outside the State’s power to criminalize:

“Does this strict liability drug possession statute with these substantial penalties for such innocent, passive conduct exceed the legislature’s police power? The due process clauses of the state and federal constitutions, along with controlling decisions of this court and the United States Supreme Court, compel us to conclude that the answer is yes—this exceeds the state’s police power.”  ~Justice Gordon McCloud, WA Supreme Court.

The Court further reasoned that the State’s police power is not infinite. “If it were, the result would be a police state, and the legislative branch of the government would be omnipotent,” said Justice McCloud. Finally, the Court reasoned that  the statute criminalizes innocent and passive possession, even by a defendant who does not know, and has no reason to know, that drugs lay hidden within something that they possess. “The legislature’s police power goes far, but not that far,” said the Court.

Accordingly, the Court held that RCW 69.50.4013(1)—the portion of the simple drug possession statute creating this crime—violates the due process clauses of the state and federal constitutions and is void.

With that, the WA Supreme Court vacated Ms. Blake’s conviction.

My opinion? Excellent decision, Finally, the courts are giving teeth to the Unwitting Possession Defense. In this defense, a person is not guilty of possession of a controlled substance if the possession is unwitting. Possession of a controlled substance is unwitting if (1) a person did not know that the substance was in their possession or (2) did not know the nature of the substance.

The burden is on the defendant to prove by a preponderance of the evidence that the substance was possessed unwittingly. Preponderance of the evidence means that you must be persuaded, considering all of the evidence in the case, that it is more probably true than not true.

Up until now, Washington’s felony drug possession statute essentially circumvented the Unwitting Possession defense.  Thankfully, the WA Supreme Court put a stop to that.
Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

NCO’s & Double Jeopardy

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Brett Kavanaugh, Double Jeopardy, And Presidential Pardons

In State v. Madden, the WA Court of Appeals held that a defendant who contacted a person with three separate No-Contact Orders (NCO’s) against him may only be punished for a single count of Violation of a No-Contact Order.

BACKGROUND FACTS 

Mr. Madden Jr. contacted a person with three separate no-contact orders against him. For this single act, the State charged Madden with three counts of Violating a No-Contact Order (DV). The jury found him guilty as charged. Madden appealed on arguments that his three convictions for violation of a no-contact order violated Double Jeopardy principles

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals began with the background that Article I, section 9 of the WA State Constitution and the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution protect against multiple punishments for the same offense.

“When a person is charged with multiple counts of the same offense, each count must be based on a separate and distinct criminal act,” said the Court, quoting State v. Mutch.  “It must be manifestly apparent from the record, testimony, and argument that identical charges are based on separate acts.”

Furthermore – and importantly – the Court of defined what a “Unit of Prosecution” was. “Unless the legislature clearly and unambiguously intends to turn a single transaction into multiple offenses, the Rule of Lenity requires a court to resolve ambiguity in favor of one offenses,” said the Court.

Consequently, the Court reasoned that while Mr. Madden violated multiple court orders, he committed only one act constituting a “violation.” The Court further reasoned that the State cites no case in which a court allowed multiple convictions under a single statute based on a single act. Finally, the court reasoned that when a person is charged with multiple counts of the same offense, each count must be based on a separate and distinct criminal act. “Any other interpretation would lead to an unconstitutional result.”

With that, the Court of Appeals reversed counts two and three of Madden’s No-Contact Order Violation convictions.

Please read my Legal Guide Defending Against Domestic Violence Charges and contact my office if you, a friend or family member are charged with Domestic Violence crimes, including Assault and/or No-Contact Order Violations. Hiring an effective and competent defense attorney is the first and best step toward justice.

Prison Inmates Retaliated Against for Getting COVID-19

Bellingham Defense Attorney, Coronavirus, Department of Corrections, Jail, Mount Vernon Criminal Defense Attorney, Prison, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Image result for jail inmates getting covid

Excellent article by Lilly Fowler of Crosscut reports that prisoners, attorneys and other advocates said the WA Department of Corrections has not only been careless with protocols meant to keep COVID-19 cases in check, but has also lashed out at those who become ill.

They accuse the department of stigmatizing those who become sick with the virus, even as cases skyrocket in prisons and work release facilities across the state. Critics blame the department’s lack of an organized response for the rapid spread of the virus.

Apparently, the Office of the Corrections Ombuds, the state’s watchdog, has already found fault with the Department of Corrections’ response to the COVID-19 outbreak at the Coyote Ridge Corrections Center in Central Washington. Two people there died in June, and more than 300 prisoners and 100 staff have been infected. Coyote Ridge houses approximately 2,500 inmates.

In a report about the COVID-19 outbreak at Coyote Ridge, investigators said that in addition to guards not wearing masks and failing to isolate symptomatic prisoners, inmates had delayed reporting symptoms because they feared harsh conditions in solitary confinement. The two prisoners who died had waited days to report difficulty breathing, according to the investigation.

That same summer, families of prisoners accused the Department of Corrections of retaliating against six men who contracted the virus and were housed at Reynolds Work Release in downtown Seattle. Similar to other inmates at the Bishop Lewis Work Release facility, the so-called Reynolds six were sent back to prison. Although they were eventually released, the men had been singled out in part because they are Black, Muslim or Indigenous, their families said.

According to reporter Lilly Fowler, critics say the situation at Bishop Lewis shows that the Department of Corrections’ response to the pandemic isn’t improving even nearly a year into the public health emergency. Instead, the same patterns are emerging. They argue it’s time for Gov. Jay Inslee to reconsider doing more to reduce the prison population, or at the very least ensure those who become ill and speak up aren’t retaliated against.

My opinion? The Coronavirus Pandemic has threatened to turn jail sentences into death sentences. Therefore, anyone involved in the criminal justice system should do their very best to avoid jails and prisons. Convicted defendants who are sentenced to jail should seek jail alternatives. And anyone who is in jail facing criminal charges who can make bail should make bail, or at least get bail lowered to an affordable amount.

Please review my Legal Guide titled Making Bail and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Opioid Overdoses Spiked

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

Image result for drug overdose coronavirus

A new study indicates that the opioid crisis in the US is deepening.

According to latest research, the opioid epidemic did not disappear. Rather, it lurked in the shadows of the coronavirus pandemic, growing in strength and taking advantage of a society now more susceptible than ever.

In a large cross-sectional study published in JAMA Psychiatry on that analyzed nearly 190 million emergency department (ED) visits, researchers found significantly higher rates of visits to Emergency Departments for opioid overdoses during the months of March to October 2020 when compared against the same dates in 2019. The study found that, from mid-April onward, the weekly rates of ED visits for drug overdoses increased by up to 45% when compared against the same period in 2019.

The study is not an anomaly. In December, the Center For Disease Control said that the rate of overdose deaths was accelerating during the pandemic, driven by synthetic opioids, which rose 38.4% during the year leading up to June 2020.

This same JAMA Psychiatry study found that emergency department visits for mental health conditions, domestic violence, and child abuse and neglect increased during the same time period as did suicide attempts. The rates of family violence are rising fast, and women and children are disproportionately affected and vulnerable during this time.

My opinion? While many lives were saved with stay-at-home orders, these savings were not without cost. And while vaccines appear to have provided a light at the end of this COVID-19 tunnel, America will need to face its growing problem of anxiety, social isolation and mental illness. For some, stressors may be the fear of contracting COVID-19. For others, the stress of losing a job. And still others, the boredom of being trapped in your home with nothing to do.

Please contact my office if you, a friend or family member face Domestic Violence and/or Drug Charges. Hiring an effective and competent defense attorney is the first and best step toward justice.