Tag Archives: Mt. Vernon Criminal Defense Attorney

Anti-Swatting Bill

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

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The WA Legislature has introduced SB 6295, which aims to cut down on swatting by increasing criminal penalties for those who make a false report they know is likely to generate an emergency response.

For those who don’t know, “swatting” is a criminal harassment tactic of deceiving an emergency service (via such means as hoaxing an emergency services dispatcher) into sending a police and emergency service response team to another person’s address. This is triggered by false reporting of a serious law enforcement emergency, such as a bomb threat, murder, hostage situation, or a false report of a “mental health” emergency, such as reporting that a person is allegedly suicidal or homicidal and may or may not be armed.

The legislation is introduced by Senator Jesse Salomon. With “swatting” incidents on the rise, local law enforcement agencies like the Seattle Police Department are developing creative solutions to address the problem. However, Salomon believes state laws have not kept up with the severity of these crimes and need to be updated.

Under the proposed bill, punishments would be increased if there’s a reckless disregard for the safety of others and someone is hurt or killed as a result of the swatting attack. The measure also allows swatting victims to pursue civil damages from their attackers.

Senators Salomon, Pedersen, Carlyle, Kuderer, Wilson, C., Randall, and Nguyen supported the bill along with companion bill HB 2632.

Please contact my office if you, a friend or family member face criminal charges of Harassment. Hiring a competent, effective defense attorney is the first and best step toward getting justice.

No Interpreter is Court Mismanagement

Assault, Bellingham Defense Attorney, Dismissal, Interpreter, Malicious Mischief, misdemeanor, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

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In State v. Jieta, the WA Court of Appeals held that a trial court judge may dismiss a criminal prosecution due to the court’s failure to arrange for an interpreter for all scheduled court hearings.

BACKGROUND FACTS

On May 19, 2015, Mr. Jieta was first arraigned on charges of fourth degree assault and third degree malicious mischief in Snohomish County District Court. The court continued the arraignment after ordering that Jieta be provided a Marshallese interpreter. Over the next 15 months, the court held 14 more pretrial hearings, and the interpreter repeatedly failed to appear telephonically or personally.

On August 26, 2016, Jieta moved under CrRLJ 8.3(b) to dismiss all charges. On September 12, — another hearing where the interpreter failed to appear — the court dismissed all charges with prejudice and found the interpreter’s absences “seriously interfered with Mr. Jieta’s right to representation by counsel.” In short, out of 14 pretrial hearings conducted after the court directed the appointment of a interpreter, the interpreter failed to appear 10 times, appeared by phone – ineffectively – two times, and appeared in person two times. The superior court affirmed the dismissal on the State’s appeal.

The State sought discretionary review in this court, which was granted on the narrow question whether CrRLJ 8.3(b) can apply when court administration mismanages a case.

COURT’S ANALYSIS & CONCLUSIONS

Furthermore, the Court of Appeals explained that CrRLJ 8.3(b) gives courts discretion to dismiss “any criminal prosecution due to arbitrary action or governmental misconduct when there has been prejudice to the rights of the accused which materially affect the accused’s right to a fair trial.” To satisfy the rule, the alleged misconduct “need not be of an evil or dishonest nature; simple mismanagement is sufficient.”

The Court also reasoned that the judiciary has a statutory duty of appointing an interpreter to assist the defendant throughout the proceedings:

“Reliable interpreter services are necessary to secure a non-English speaking defendant’s fair trial rights. Thus, to assist a defendant throughout the proceedings, the interpreter must actually deliver translation services throughout the proceedings.”

The purpose of CrR 8.3(b) is to ensure fairness to defendants by protecting their right to a fair trial. Thus, when mismanagement by court personnel prevents a defendant from receiving reliable interpreter services and effective assistance of counsel for more than one year, the defendant has a viable claim of “governmental misconduct” consistent with the text and purpose of CrRLJ 8.3(b).

Here, the Court of Appeals reasoned that “governmental misconduct” can extend to mismanagement by court administration.

“We need not decide the exact types of court mismanagement that could warrant relief or when dismissal is an appropriate remedy for such mismanagement,” said the Court. “On the record before us, the State does not establish that the trial court erred in its conclusion that CrRLJ 8.3(b) may extend to a court’s administrative mismanagement of its statutory obligation to provide translator services.”

With that, the Court of Appeals affirmed the dismissal of all charges.

My opinion? Good decision.

Court interpreters are important in legal proceedings, especially when criminal charges are involved. Interpreters ensure that defendants fully understand the charges and the proceedings. Indeed, the constitutional right to simply understand the charges and their maximum consequences is captured under the 6th Amendment.

Please contact my office if you, a friend or family member are charged with a crime and they need an interpreter to move forward in their defense. Hiring a competent, experienced attorney is the first and best step toward achieving justice.

Crime Rates By WA Cities

Bellingham Defense Attorney, Drug Offenses, Mount Vernon Criminal Defense Attorney, Property Crimes, Sex Crimes, Skagit County Criminal Defense, Studies, Violent Crime, Whatcom County Criminal Defense, , , , ,

 

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A recent report from www.backgrounchecks.org  ranks Washington cities by crime rates. In short, although Washington cities are lower than average violent crime, there’s an increase in property crime.

“In the state’s larger cities such as Seattle and Spokane, you’re more likely to have your car broken into than become the victim of an assault. Still, despite Washington’s property crime issue, there are plenty of communities in the state with an all-around high level of safety.”  ~backgroundchecks.org

According to the report, the safest city in Washington is Snoqualmie. Recording just two violent crimes in 2017, Snoqualmie logged a very low 0.15 violent crimes per 1,000 residents, along with a property crime rate half of the U.S. national average.

Backgroundchecks.org uses the most recent FBI crime statistics to create state rankings. There were initially 7,430 cities in the data set. After filtering out the cities with populations of less than 10,000, 2,929 cities remained. The website then calculated violent crime rates and property crime rates by dividing the crime numbers by the population to get rates per 1,000. They also calculated the ratio of law enforcement workers to per 1,000. These were weighted with -50% for the violent crime rate, -25% for the property crime rate, and +25% for the law enforcement rate. The resulting metric gave us a the safety index score. In short, the higher this number more safe the city is.

Not every person arrested is guilty of a crime.  Other studies show that densely populated cities also have higher incidence of overall arrests. Therefore, 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.

Criminal Justice Bills Passed & Failed in the Senate

Bellingham Defense Attorney, Department of Corrections, Juvenile, Legislation, Mount Vernon Criminal Defense Attorney, Prison, Skagit County Criminal Defense, Voting Rights, Whatcom County Criminal Defense, , , , ,

2019 Criminal Justice Reform | ACLU West Virginia

Several bills recently passed and failed in the Senate, covering a wide array of issues related to criminal justice. These bills all now head to the House  in the coming weeks as the legislative session reaches month two. Here’s a  summary of some of the bills that passed and failed.

PASSED BILLS

Senate Bill 6442 would ban the operation of private, for-profit prisons in the state, as well as prohibiting the Department of Corrections (DOC) from contracting with these prisons. The bill also limits the circumstances under which the state can transfer an inmate from a Washington facility to an out-of-state private prison or detention facility.

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According to the text of the bill, the legislature found that for-profit prisons prioritize shareholder profits over the provision of health care, safety and nutrition to inmates, among other basic human needs, and that the operation of private prisons runs counter to the state’s mandate to ensure health, safety and welfare of those incarcerated in the state’s criminal justice system. If the bill passes, Washington would join 22 other states in banning for profit prisons.

Senate Bill 5488 would allow judges greater discretion when deciding cases involving adult defendants who are charged with committing a crime while under age 18. The bill grants judges the authority to consider the defendant’s age, lack of sophistication, susceptibility to peer pressure and age at the time the crime was committed.

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Judges overseeing these types of cases could refrain from imposing the mandatory sentencing requirements after considering the circumstances surrounding a defendant’s youth at the time the crime was committed, allowing the judge to impose a lesser sentence than what law requires.

FAILED BILLS

SB 6228, also called the “Felony Voting Rights Bill,” introduced legislation to automatically restore the voting rights of convicted felons when they are released from prison. However, the bill died unexpectedly in the Washington state Senate Wednesday. Majority Democrats abruptly ended debate on the controversial bill Wednesday evening when they realized they lacked the 25 votes needed to pass the measure.

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“We are extremely disappointed that the voting rights restoration bill did not pass,” said the ACLU of Washington in a statement Wednesday evening. “The right to vote is fundamental to our democracy and the time to tear down these barriers is long past due.”

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

Imprisoned At 7-11

Assault, Bellingham Defense Attorney, felony, Harassment, Jury Instructions, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Unlawful Imprisonment, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Why going to 7-Eleven has become a political act - Los Angeles Times

In  State v. Dillon, the WA Court of Appeals held that in Unlawful Imprisonment charges, the State must prove that the defendant knowingly restrained another person, not that the defendant knowingly acted without legal authority.

BACKGROUND FACTS

On December 21 2017, the soon-to-be victim Mr. Favors entered a 7-Eleven after he got off his bus. Favors encountered the soon-to-be defendant Mr. Dillon standing near the entrance to 7-Eleven. Favors noticed that Dillon had scratches on his face, was bleeding, and intoxicated. Favors thought that Dillon was panhandling and told him he did not have change. Favors continued into the 7-Eleven.

Dillon entered the 7-Eleven 10 to 15 seconds after Favors. Favors finished making his purchase and started walking towards the exit. Dillon was standing three feet in front of the exit. Dillon told Favors in a slurred voice to “get your ass back over there” and threatened to cut and shoot him. Favors feared that the situation would escalate and went to the back of the store. Favors tried to leave a second time and Dillon said “I told you one time; get your ass back over there.” Favors, who is African-American, recalled hearing a racial slur. Favors discreetly called 911.

Police arrived and arrested Dillon. At one point he  “reared his head back” and hit a police officer on his forehead and the bridge of his nose. The officer recalled that Dillon was
intoxicated, his balance was poor, and was making incoherent statements.

The State initially charged Dillon with Third Degree Assault of the police officer and Harassment of Favors, but amended the information to include Unlawful Imprisonment of Favors.

The defense requested a jury instruction on Voluntary Intoxication and the State did not object. The jury acquitted Dillon of felony harassment, but convicted him of third degree assault and unlawful imprisonment.

Dillon appealed on the issue of whether State must prove beyond a reasonable doubt that Dillon knowingly acted without legal authority.

COURT’S ANALYSIS & CONCLUSIONS

The State presented sufficient evidence that a reasonable juror could find beyond a reasonable doubt that Dillon knew he was acting without legal authority when he committed the crime of Harassment.

“The threats that Dillon made had no lawful purpose. Depending on the level of intoxication, a person under the influence can still form the requisite intent to know that their actions are unlawful.”

Dillon made threats to “cut” and “shoot” Favors, both of which demonstrate that Dillon knew he was acting without legal authority. Dillon “jumped” at Favors to prevent him from exiting the 7-Eleven, further supporting a finding that Dillon knew his actions were unlawfully restraining Favors.

Regarding the Unlawful Imprisonment conviction, the WA Court of Appeals ruled that Dillon did not say anything that indicated he thought he had legal authority to restrain Favors. Also, the Court denied the argument denied the defense of Escape and held that that Mr. Favors could not have safely departed 7-11 due to Mr. Dillon’s actions:

“Viewed in the light most favorable to the State, Favor’s testimony is sufficient to find, beyond a reasonable doubt, that Dillon restrained Favors’s movement, in a manner that substantially interfered with his liberty through intimidation, threats of violence, and by blocking the 7-Eleven exit.”

With that, the Court of Appeals upheld Dillon’s convictions.

Please contact my office if you, a friend or family member face criminal charges like Assault, Harassment or Unlawful Imprisonment. It’s imperative to hire an experienced and effective criminal defense attorney who knows the law.

Unlawful Jury Selection

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Sex Crimes, Sixth Amendment, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Getting Rid Of Bad Jurors Through Unconventional Means - Trial Practice Tips

In State v. Guevara Diaz the WA Court of Appeals held that seating a juror without questioning  regarding her ability to be fair can never be harmless and requires a new trial without a showing of prejudice.

BACKGROUND FACTS

The State charged Mr. Diaz with one count of second degree rape and one count of third degree rape. At the beginning of trial, the judge explained to the jury that he and the attorneys would be asking them questions, first with a questionnaire and then orally. The judge told the potential jurors that counsel had prepared a questionnaire and pointed out that each juror had “the opportunity to be questioned outside the presence of the other jurors in the event that certain questions are answered yes.”

Thirteen jurors stated that they wished to be questioned outside the presence of other jurors. Seven of them had answered they could not “be fair.” Six others, including juror 23, who also answered that they “could not be fair” did not ask to be questioned outside the presence of other potential jurors.

At the conclusion of jury selection, the court seated two jurors who said that they could not be fair. One of those jurors included juror 23. The jury found Mr. Diaz guilty of one count of second degree rape and one count of third degree rape (this conviction was later overturned on double jeopardy grounds).

On appeal, Mr. Diaz argued that the trial court violated his constitutional right to a fair and impartial jury by allowing a biased juror to serve.

COURT’S ANALYSIS & CONCLUSIONS

First, the WA Court of Appeals held that the trial court should not have allowed juror 23 to serve because she expressed actual bias without further inquiry.

“A criminal defendant has a federal and state constitutional right to a fair and impartial jury. Seating a biased juror violates this right. Because the presence of a biased juror cannot be harmless, seating an actually biased juror requires a new trial without a showing of actual prejudice.”

Second, the Court held that juror 23 demonstrated actual bias when she answered “No” to the fairness question.

The Court explained that the Sixth Amendment to the United States Constitution and article I, section 22 of the Washington Constitution both guarantee a criminal defendant the right to trial by an impartial jury. To protect this right, a party may challenge a juror for cause. Actual bias provides a basis to challenge a juror for cause.

“The trial court should have addressed this actual bias by questioning juror 23 or allowing defense counsel to question her outside the hearing of other jurors,” said the Court. “Under the circumstances of this case, any court questioning also should have occurred outside the hearing of other jurors because of defense counsel’s viable concern over questioning potentially biased jurors in front of the jury pool.”

With that, the Court of Appeals reversed Mr. Diaz’s conviction and remanded his case for a new trial.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an experienced defense attorney with a record of favorable verdicts and results is the first and best step toward justice.

End ICE Courthouse Arrests

ACLU, Federal Crimes & Prosecutions, Immigration, Immigration & Customs Enforcement (ICE), law enforcement, Legislation, , , , ,

Image result for ice arrests at courthouse"

Excellent article in Crosscut by  Lilly Fowler describes how the Washington state Legislature is considering a bill that would prohibit federal immigration agents without a warrant from making arrests within one mile of a courthouse.

If signed, the legislation – SB 6522 – would also require judicial warrants to be reviewed by a court before being used. And federal immigration agents would have to check in with local court staff before entering a courthouse. A website monitored by the state Administrative Office of the Courts would track all arrests made at courthouses.

Finally, the bill would prohibit court staff, including prosecutors, from sharing information with federal immigration officials. A recent report from the University of Washington Center for Human Rights revealed that county prosecutors have been sharing information with U.S. Immigration and Customs Enforcement (ICE) and Border Patrol agents to facilitate the arrests of undocumented immigrants at state and local courthouses.

As reported by Ms. Fowler, the outcry over immigrants being arrested at courthouses by plainclothes ICE and Border Patrol officials has been persistent. Washington state Attorney General Bob Ferguson sued the federal government last month in an attempt to stop such arrests, and the state Supreme Court is looking at rules that would bar the apprehensions.

At a hearing on the bill last week before the House Civil Rights and Judiciary Committee, legislators heard testimony in Spanish from a man named Carlos. He told lawmakers he and his wife recently visited the courthouse in Ephrata, Grant County, to renew his car’s license plates. While his wife waited in the vehicle, Carlos stood in line inside the courthouse and noticed a man staring at him.

As Carlos exited the courthouse, another man with a gun approached him, introduced himself as a federal immigration official and, in Spanish, said, “Soy la migra” (or “I am ICE/Border Patrol”). Carlos was promptly arrested. Although he was eventually released by the ICE agent, the experience left him shaken and terrified.

Enoka Herat, an attorney with the American Civil Liberties Union of Washington, said the state would not be the first to protect its court system. In November, the Oregon Supreme Court barred warrantless arrests at courthouses. California, New York and New Jersey have also sought similar protections for immigrants. In Massachusetts, a federal judge barred courthouse arrests while a lawsuit makes its way through the court system.

My opinion?

Let’s hope SB 6522 gains support and passes. The bill  isn’t about hampering the work of law enforcement. It’s about but ensuring the public can use courts to pay fines, serve as witnesses, seek protection orders and pursue other matters related to the justice system, without the fear of unexpected encounters with law enforcement.  Equal access to courts is something both Democrats and Republicans should be able to agree upon.

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.

Felony Voting Rights Bill Pending in WA Legislature

Bellingham Defense Attorney, felony, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Voting Rights, Whatcom County Criminal Defense, , , , ,

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Excellent article in the Tacoma News Tribune by reporter James Drew describes how Senate Bill 6228 would make about 9,000 felons eligible to vote is moving ahead in the Washington state Legislature, as Democratic senators vow to expand democracy by removing a barrier they say is rooted in systemic racism.

Senate Bill 6228 would make felons automatically eligible to vote once they are released from state prison. Under current law, they are eligible once they have completed community custody — formerly known as probation — and that can take several years.

“The very essence of community custody is to get people back on the right track, to reintegrate them into society and to reduce the chances of re-offending,” said the bill’s sponsor, state Sen. Patty Kuderer, a Bellevue Democrat. “Restoring the right to vote and the right to participate in our democracy is an important tool for that reintegration process.”

“Until someone can show me that there’s a good reason to deprive someone of the right to vote because of the commission of a crime, then I will rethink that. But for now, I have seen zero evidence for that.”    ~Senator Patty Kuderer.

Stressing that her bill addresses a “major equality and social justice issue,” Kuderer said blacks and Native Americans are overly represented in the criminal justice system. As a result, they are “disproportionately stripped of their voting rights, diminishing their representation,” she said.

A Senate committee on Friday approved the bill, putting it one step closer to a vote by the Democratic-controlled Senate. If it becomes law, the measure would take effect in 2021.

Senate GOP Leader Mark Schoesler, R-Ritzville, is opposed to the bill, saying it removes an incentive for felons to fulfill obligations under community custody such as making restitution to crime victims. The bill states that sanctions for violating community custody requirements or failure to pay court costs, restitution to victims, or fines and fees would not take voter eligibility away from a former inmate.

Samuel Merrill, clerk of the criminal justice working group for the Olympia-based Quaker Voice on Washington Public Policy, said whites after the Civil War and Reconstruction adopted laws targeting former slaves for felonies to deprive them of their voting rights. The practice continued into the voter suppression laws under Jim Crow — “vestiges of which continue today,” Merrill said.

Supporters of the bill include the Washington Association of Prosecuting Attorneys, the state Department of Corrections, the ACLU of Washington, and Attorney General Bob Ferguson.

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.

Meth Hurts Opioid Treatment

Bellingham Defense Attorney, Constitutional Rights, Drug Offenses, Fourth Amendment, Methamphetamine, Mount Vernon Criminal Defense Attorney, Opoids, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

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The Journal of Substance Abuse Treatment  published a new study which found that methamphetamine use was associated with more than twice the risk for dropping out of treatment for opioid-use disorder.

The origins of the study are interesting. Apparently, Judith Tsui, a UW Medicine clinician specializing in addiction treatment, was seeing more and more patients she was treating for opioid-use disorder also using methamphetamines, a powerful, highly addictive stimulant that affects the central nervous system.

She would start the patients on buprenorphine, a medication to treat opioid use disorder, but they would often drop out. So she and colleagues wanted to see if this was a common problem. They conducted a large study (799 people) at three sites — Harborview Adult Medicine Clinic in Seattle and Evergreen Treatment Services in Olympia and Grays Harbor.

“This study confirms anecdotally what we sensed,” said Tsui. “The next step is to build into treatment models how we can help those patients who struggle both with opioids and methamphetamines to be successful.”

“A substantial proportion of these patients are homeless and may use meth to stay awake at night just to stay safe and keep an eye on their belongings.”              ~Judith Tsui, UW Medicine Clinician

Dr. Tsui also said patients also tell her the streets are flooded with the drug and it’s hard for them to say no. Some patients have requested treatment with prescribed stimulant medications like Adderall and Ritalin to help them stop using methamphetamines.

Please contact my office if you, a friend or family member face criminal charges for illegal possession and/or distribution of unlawful drugs. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government.

In many cases – including drug cases in particular – the legality of how law enforcement officials obtained the evidence used to support the State’s case is a central and debatable issue. If the government’s conduct violated a person’s rights, the evidence is deemed inadmissible. And without the necessary evidence to prove the criminal charges, the judge may dismiss the State’s case.

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.

Support Legislation Ending Felony Charges for Missing a Court Hearing

Bail, Bail Jumping, Bellingham Defense Attorney, Criminal Justice, felony, Jail, Legislation, Mount Vernon Criminal Defense Attorney, Prison, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

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Did you know that a person who misses just one court hearing can be charged with Bail Jumping and be convicted of a new felony simply for missing that court hearing?

Fortunately, legislation proposed by WA Representative Mike Pellicciotti could possibly end this travesty.

THE PROBLEM

When the Legislature enacted the “Bail Jumping” statute, the intent wasn’t to criminalize every missed court date or failure to appear (FTA), rather lawmakers wanted to give the courts a tool to deter people charged with serious crimes from fleeing.

The legislature gave discretion to prosecutors to add a felony charge if someone “jumped bail.” Sadly, this prosecutorial discretion is being overused. The charge of “Bail Jumping” has now led to a long list of unintended consequences that disproportionately harm Washington’s low income and most marginalized citizens.

Research shows that most people charged with “Bail Jumping” were not intentionally avoiding court. Many had difficult life circumstances that made it hard or impossible to attend a court hearing on a particular day. They were not fleeing from the court, and they wanted to resolve their cases.

Research also shows that many people who miss court are experiencing difficulties with transportation, childcare, job disruption, homelessness, health problems, mental illness and other challenges related to poverty. Under current “bail jumping” laws, Washington disproportionally and unjustly allows for longer criminal sentences for people who are low-income or experiencing a crisis for the charge of “Bail Jumping” even though that was never the legislature’s intent.

THE SOLUTION

WA HB 2231 is legislation would would amend the current Bail Jump statute in two ways: (1) it makes bail jumping a misdemeanor, and (2) it requires the state to prove that a person received written notice of the court date that the person missed.

Here is a position paper about the bill. It is supported by the WDA, ACLU, WACDL, the Northwest Community Bail Fund and numerous other organizations.  This bill sponsored is by Mike Pellicciotti of the (Democratic Party). He is a member of the Washington House of Representatives, representing District 30-Position 1.

My opinion? This is great legislation.

Please contact my office if you face felony charges which include Bail Jumping. These charges are often used by prosecutors to coercively leverage a plea. Although there are substantive defenses to the charge, those who face barriers getting to court are frequently subject to this coercive manner of resolving cases that results in an unjust and disproportionate number of convictions for the most vulnerable.