Tag Archives: Mt. Vernon Criminal Defense

Kitsap Jury Acquits Medical Marijuana Defendant

Constitutional Rights, Drug Offenses, Due Process, felony, Jury Trial, Legislation, marijuana, Privacy, Search Warrant, , ,

Pennsylvania MMJ Patients Face Choice: Cannabis or Guns? | Leafly

A medical marijuana patient being prosecuted in Kitsap County Superior Court for drug trafficking was found not guilty on Tuesday morning, after a jury ruled that his use of the drug was within the law.

The jury deliberated for approximately two hours prior to its ruling.

The prosecution alleged that the crop was being sold commercially, and that the Olsons were hiding behind medical marijuana laws as cover for a drug operation.

Defendant Bruce Olson decided to go to trial as the law had changed and he was advised that he had a better chance of acquittal.

The trial was attended by a floating group of medical marijuana activists, from patients to political activists. Several of them noted that it was rare for such cases to go to trial, as defendants usually enter a plea.

These activists filled the courtroom throughout the trial, with no visible support for the prosecution’s position.

Olson, who turns 55 on Wednesday, maintained a subdued manner throughout the trial, and barely talked when he was in the courtroom. This changed on Tuesday, when he was laughing and joking with his attorney prior to the verdict’s reading.

When it was announced Olson blurted “thank you, thank you you guys” to the jury, prompting Superior Court Judge Leila Mills to repeat her admonition to stay quiet until the jury was released.

“As a businessman I am really discouraged at all the money that was spent on this trial . . . It was a waste, and a lot of people who have seen the trial and are in business are wondering why I was prosecuted.” ~Defendant Bruce Olson

My opinion?  Great job, jury.  The government should not tamper in the affairs of defendants who are licensed to possess marijuana.  Period.   I welcome the day when marijuana will be legalized.  Let’s face it: the “War on Drugs” has failed.  Marijuana should not be demonized as a Gateway Drug.  Legalize it!

State v. Brooks: WA Court Rightfully Dismisses Criminal Charges Because Prosecution Withheld Evidence

Constitutional Rights, Discovery, Dismissal, Due Process, Evidence, felony, Jury Trial, Prosecutorial Misconduct, Washington Court of Appeals, , ,

Prosecutorial Misconduct / Mishaps In FCPA Cases - FCPA Professor

In State v. Brooks, the WA Court of Appeals dismissed a criminal case due to prosecutorial mismanagement and withholding  of evidence.

My opinion?  It’s about time!  The prosecutors, God bless ’em, usually have the upper hand with judges.   Typically, judges won’t sanction prosecutors or dismiss cases due to prosecutorial misconduct, mismanagement, or withholding of evidence (trust me, I’ve tried).

This opinion opens the door for judges to exercise more discretion in dismissing poorly managed cases.  In this case, the prosecutor withheld a a 60-page victim statement from the defense until the day of trial.   Unbelievable!

Imagine this: your attorney has geared up for trial.  They agonizingly prepped the case from start to finish.  Attorney has their theme, theory, motions in limine, opening statement, closing statement, voir dire questions, direct exam questions, and cross exam questions fully prepared before entering the court.  All of the sudden, prosecutor plops a huge pamphlet of papers in front of defense attorney’s face.

“Sorry you have no time to review this new statement, but go ahead and cross examine my witness on this.”  Unbelievable.  We have no idea what the statement contains.  If admitted to evidence, this unread statement could, by itself, utterly throw your case theory out the window.

The Court of Appeals has boldly decided these “Hide the Ball” shenanigans are going to get cases dismissed.  That governmental mismanagement materially affects a defendant’s right to a fair trial.  Good.  I understand that prosecutors work hard.  Their caseloads are huge.  But hey, let’s be real, people’s lives and liberty are at stake.  Constitutional rights are at risk.  Consequently, cases should be dismissed when poorly handled and/or mismanaged.

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.

Retired Judge Says It Is Time To End War On Marijuana

Bellingham, Bellingham Defense Attorney, Drug Offenses, felony, marijuana, Race & Law, Studies, Whatcom County Criminal Defense, , ,

The Death Penalty in Washington State

Here’s an excerpt of on Op-Ed by retired Whatcom County Superior Court Judge David A. Nichols:

“It is my fervent belief that this state and nation must come to recognize that continuing to treat drug users as criminals perpetuates an evil that rewards the drug sellers and corrupts our society. Until we honestly and appropriately deal with the entire drug issue as a health problem analogous to tobacco or liquor, and not as a ‘war’ we cannot win, we will continue to reap the whirlwind of huge world-wide illegal drug profits which are costing us billions, threatening the stability of nations, causing soaring crime rates and diverting money which is sorely needed elsewhere.” ~ Judge David A. Nichols

Judge Nichols also says that if we ever want to stop the craziness and futility of our present anti-drug approach, we must de-criminalize possession and use of all drugs. Education, addiction treatment and state regulation need to replace arrests, trials, jail sentences, growth of cartels and drug gangs, corrupt government institutions, and the mindless head-bashing against brick walls that characterize what we are doing now.

My opinion?  Way to tell the truth, Judge!

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

Decades of Disparity: Drug Arrests and Race in the United States

Constitutional Rights, Drug Offenses, Due Process, felony, Jail, law enforcement, marijuana, misdemeanor, police, Privacy, Race & Law, Search and Seizure, Search Warrant, Sentencing, Studies, , ,

The War on Drugs: Race, Class, Colonialism and the Politics of Pleasures – Culture, Power and Politics

New drug arrest data shows the persistence and extent of racial disparities in the “War on Drugs” in the United States.

The report indicates dramatic racial disproportions among incarcerated drug offenders.  It states, “Since blacks are more likely to be arrested than whites on drug charges, they are more likely to acquire the convictions that ultimately lead to higher rates of incarceration.” The report also shows that although data indicates that blacks represent about one-third of drug arrests, they constitute 46 percent of persons convicted of drug felonies in state courts.

Among black defendants convicted of drug offenses, 71 percent received sentences to incarceration in contrast to 63 percent of convicted white drug offenders.

My opinion?  The “War on Drugs” should rename itself as the  “War on Race.”  The data speaks for itself.

End the War on Drugs.  Legalize marijuana.  Stop institutional racism.

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.

Defendants Could Be Free From Probation

Court Fines, Domestic Violence, Drug Offenses, Legislation, misdemeanor, Probation, , ,

Finally Free!!! 🦅 been a long time comin, can't even believe they approved my early release paperwork, but I did it! Time to fly baby! 🦅 : probation

Lawmakers, facing an $8 billion budget deficit, are looking for ways to save money.

Senate Bill 5288, which would lower the number of criminal offenders on parole or probation, reflects suggestions made by the governor to reduce the growing budget deficit by making cuts in the Corrections Department.

Interestingly enough, police gurus support the bill “with some discomfort,” but feel that if the Legislature must make cuts in the Department of Corrections, supervision of low- to moderate-risk offenders would be the right place.

The bill would totally eliminate supervision of low- and moderate-risk offenders unless they were convicted of a violent offense, a crime against a person, or ordered to chemical dependency treatment.

Their supervision would be terminated after six months if they have not reoffended.  However, those offenders categorized as high risk, or low to moderate risk convicted of a sex offense, would still be supervised.

Under the current wording of the bill, gross misdemeanants would not be supervised by parole or probation.  The cost-savings would ultimately mean a big job loss for probation officers.

My opinion?  Pass the legislation!  For the most part, my clients are hardworking; law abiding citizens facing criminal charges from an isolated event or circumstance.  All of the sudden, they get labelled as criminals.  The system painfully grinds them through a process which threatens to take their time, money, dignity, energy, and reputation.

For many of my clients, probation is an unnecessary evil.  Understand this:  in Whatcom County, a first-time DUI offender and/or Domestic Violence offender faces up to TWO YEARS of probation at a cost of $75-$100 per month.  Do the math.  That’s $900 – $1200 per year.   This cost, along with the cost of mandatory treatment, jail, and fines, clearly skyrockets the cost of doing justice.

And for what?  Why?  Is it because the police sometimes violate your Constitutional rights when they pull you over and investigate you for DUI?  Or is it because the police MUST arrest someone in the wake of a heated argument between spouses?  An argument where, in most cases, the victim does not want to pursue prosecution and wants the charges dropped?

“Alex, please do something to get me off probation or decrease the amount of time I’m on it.”  These words are uttered by many clients who want to avoid trial and negotiate a favorable resolution with the prosecutor.  They hire me to get justice.

The legislature is finally realizing probation is unnecessary in many circumstances.  Either that, or they’re realizing probation is expensive in roughshod economic times.  In any event, let’s all realize the obvious and pass this legislation.

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.

Increased Numbers On Parole & Probation in WA

Court Fines, Probation, , ,

1,032 Probation Stock Photos, Pictures & Royalty-Free Images

Washington ranks near the bottom in the country for the number of people it incarcerates, but like many states, it’s having to find ways to pay for a steadily growing number of people on probation and parole.

According to the above article, one in 30 adults is under correctional control in the state.  With more than 165,000 people either incarcerated or on parole or probation, Washington state ranks 17th out of all the states.  But Washington ranks 44th for the people it puts behind bars – just over 32,000 are incarcerated in either prison or jail.

Consequently, the vast majority are either on probation or parole – more than 133,000, or about one in 37 people, ranking the state 12th in the nation.

The numbers of those under community supervision have increased.  Unfortunately, so have the costs. For the 2003-2005 budget, about $190 million went toward supervision. For the current budget ending in 2009, it has increased to nearly $307 million. While that’s just a small part of the state’s $1.8 billion two-year corrections budget, in a year where the state is facing a projected $8 billion deficit through 2011, officials are feeling the pinch.

Interesting times . . .

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.

Can’t Afford to Hang ‘Em Anymore

Death Penalty, Legislation, , ,

Cost | National Coalition to Abolish the Death Penalty

Some states are passing legislation to end the Death Penalty over financial concerns.

Kansas is leading the effort.  “Because of the downturn in the national economy, we are facing one of the largest budget deficits in our history,” state Sen. Carolyn McGinn, a Republican, said in an opinion piece posted on TheKansan.com Friday. “What is certain is we are all going to have to look at new and creative ways to fund state and community programs and services.”

The state would save more than $500,000 per case by not seeking the death penalty, McGinn wrote, money that could be used for “prevention programs, community corrections and other programs to decrease future crimes against society.”

Fiscal concerns are just a part of the argument.  In addition, a disproportionate rate of minorities are sentenced to death.  The legislation would seek to curb the disproportion.

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.

Report finds inequalities in Washington criminal fines

Court Fines, Due Process, Race & Law, Studies, , ,

Racial Inequality in the Criminal Justice System - YouTube

A report finds wide disparities in how much Washington’s criminal defendants are required to pay in fines and fees.  According to the University of Washington study released Tuesday, Hispanics are charged significantly higher fees and fines than non-Hispanic whites; men are fined more than women; and drug cases bring greater fees and fines than violent crimes do.

There were also geographic differences. One man convicted of drug offenses in Pierce County was assessed fees and fines of $600, while one convicted in Lewis County was assessed $6,710.

The study examined all superior court cases resolved in the first two months of 2004 — nearly 3,400 cases. The researchers determined that the system is illogical and hinders people from rejoining society, especially because of the high 12 percent interest rate they must pay on the fines. Three years after the defendants were sentenced, about half had made no payments.

My opinion? This is disgraceful.  The report provides empirical data that our justice system is horribly inconsistent when it comes to administering costs/fees upon defendants.  Unbelievable.  The lesson?  Don’t get caught committing crimes if you’re minority, male, and come from out of town.

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.

 

 

 

Amend Washington’s “Three Strikes” Law

ACLU, Drug Offenses, Legislation, Race & Law, Robbery, Sentencing, Three Strikes Law, , ,

California "Three Strikes" Law - Defined & Explained

Our criminal justice system is based on the concept that the punishment must fit the crime. Stated another way, the sentence imposed for a particular crime should be proportional to the circumstances of the crime.

The problem?  Under Washington’s “Three Strikes” law, which imposes a mandatory life sentence without parole on individuals convicted of any of almost two dozen felony offenses, the crime of Robbery in the Second Degree is one of the listed crimes.  An individual can be charged with second-degree robbery even if no weapon is used or no one is injured!

A solution?  The ACLU supports the removal of Robbery Second Degree from the list of strike offenses.  The bottom line is this: while serious in and of itself, Robbery Second Degree does not rise to the level of being Strike-worthy. When dealing with a potential life sentence, it is simply unjust to include a crime that sweeps so broadly.

Additionally, the “Three Strikes” law does not deter crime, and it disproportionately affects minority offenders. It takes sentencing discretion away from judges, who should be able to consider individual circumstances when imposing sentences. It adds costs to already tight government budgets by incarcerating elderly persons who are not a threat to public safety. Passing the legislation will reduce the number of people who are imprisoned for life out of all proportion to their offenses.

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.

Change Washington’s Marijuana Laws

ACLU, Drug Offenses, felony, Legislation, marijuana, misdemeanor, , ,

Decriminalize Marijuana! - YouTube

This month, the Washington Senate Judiciary Committee will hold hearings on  from a misdemeanor, carrying mandatory jail time, to a civil infraction and a $100 dollar fine.

According to the Washington A.C.L.U., In 2007, enforcement of Washington laws for possession of marijuana resulted in over 11,000 arrests, 3,600 convictions (with an average sentence of four days in jail), and cost an estimated $7.5 million dollars.

The A.C.L.U. says it supports Senate Bill 5615 sponsored by Senator Jeanne Kohl-Welles.

“We don’t believe adults who use small quantities of marijuana for personal use should be treated as criminals.” ~Alison Holcomb,  A.C.L.U.

Some Washington police officials see it differently. Burien Police Chief Scott Kimerer says he fears, if passed, this could open the door to further legalization and he says he doesn’t want to make the drug more attractive than it may already be.

He goes on to says; “People might have a tendency to say well it’s not going to be a criminal offense. It’s not going to affect my job… It’s not going to affect anything else involving what a criminal matter would and so why don’t I try it… And I don’t want to do that.”

From my perspective – that of a criminal defense attorney – the legislation is extremely progressive.  Far too many of my clients  – most of them young people who are gainfully employed or attending college – face criminal charges for violating our archaic marijuana laws. Indeed, alcohol abuse is FAR more debilitating and dangerous. And it’s legal!  Some people consume marijuana for medicinal purposes. It’s time for a change.

Decriminalization is a step in the right direction. True, $100 civil penalty is still imposed. Perhaps after some success with the proposed legislation (if it passes) the civil penalty will eventually be erased as well. One can only hope.

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