Tag Archives: Skagit County Criminal Defense Attorney

ACLU Maps Out Washington’s Anti-Homeless Criminal Laws By County

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

Mapping Displacement - ACLU of Washington

Photo courtesy of ACLU WA

The Washington chapter of the ACLU gathered data on how many anti-homeless ordinances exist in Washington state, and how many unsheltered people are subjected to them across each county. They also tracked how many shelter beds are available in these counties. The information is very insightful on how cities and counties in WA state criminalize the homeless.

WHAT IS THE PROBLEM?

In its findings, the ACLU concluded that Washington is facing a severe housing and homelessness crisis. The problem is a direct result of decades of policy failure, housing disinvestment, and growing inequality. Thousands of our neighbors are pushed into homelessness. Rather than addressing root causes, cities are doubling down on punishment. Local governments often respond to visible homelessness by enacting and enforcing laws that criminalize the basic act of existing in public — sleeping, sitting or trying to stay warm.

THE LEGAL LANDSCAPE

In 2024’s City of Grants Pass v. Johnson,  the Supreme Court of the United States addressed the legality of an Oregon city ordinance that issued tickets to people sleeping in public when there were not enough available shelter beds. The court ruled that cities may punish people for sleeping in public, even when no shelter is available. The decision opened the door to further criminalization of people experiencing homelessness for unavoidable behavior tied directly to their life circumstances— signaling that survival itself can be punished. The case is criticized as undermining human dignity.

MAPPING THE CRISIS

Since this ruling, cities have become further emboldened in criminalizing people experiencing homelessness.

The issue of homelessness is incredibly complex, and the data we collected cannot fully represent the lived experience of those forced to live outside. While numbers are at times reductive and don’t show the whole story, they are a powerful visual tool to help build shared understanding of the pervasiveness of these laws and the crisis we are facing.

DATA GATHERING

The ACLU gathered three main data points:

  1. The Number of Anti-Homeless Ordinances In Each County.
  2. The Number of Unhoused Individuals In Each County.
  3. The Number of Low-Barrier Shelter Beds In Each County.

FINDINGS

Based on its data, the ACLU made the following conclusions:

  1. Access to Shelter And Other Services Varies Widely.
  2. Urban and Rural Counties Experience Similar Rates of Homelesness.
  3. Deep Funding Gaps In The State’s Housing Systems.
  4. Shelter Bed Availability Varies Darmatically By County.
  5. Counties Continue to Pass Anti-Homelessness Laws

CONCLUSION

The ACLU’s findings illustrate how uneven and disconnected Washington state’s homeless response has become. Whether someone can find a shelter bed, or simply exist outside without the threat of punishment, often depends entirely on where they live. Across the state, a clear pattern emerges. Instead of a coordinated, statewide response, Washington has developed a confusing patchwork of local laws that criminalize homelessness and punish people for being poor.

My opinion? Excellent work by the ACLU. Public safety concerns aside, we must remain committed to building a future where all Washingtonians – regardless of their housing status – are treated with dignity, fairness, and humanity. To this end, the ACLU is advocating for a bill which would set a clear and consistent statewide standards for criminal charges levied against houseless population.

The legislation is based on the premise that local governments should not be allowed to adopt or enforce laws that punish people for basic, life-sustaining activities on public property, such as sleeping or resting, unless adequate alternative shelter space is actually available. People should not face punishment simply because they have nowhere else to go. To learn more about the bill and ways to get involved, follow this link.

And 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 Inflation Makes The Criminal Justice System Harsher Today Than It Was Yesterday

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

Inflation and Crime | Pinkerton

The rise of Inflation makes already-outdated criminal laws more punitive each year. In Washington State, for example, one can be charged with Felony Theft in the Second Degree for stealing property or services valued at a mere $750.00. Problematically, the Theft statute hasn’t been recently amended to reflect value increases due to inflation. This means the theft of everyday items now qualify as felonies, leading to harsher punishments (prison and parole instead of jail and probation).

WHAT’S THE SOLUTION?

Updating felony theft statutes is one simple way to reduce the number of people serving time in prison for low-level offenses. Making more minor thefts into misdemeanors will also spare more people from the often lifelong collateral consequences of felony convictions that can limit their access to public housing, welfare benefits, and even voting.

Decreasing the punishment for minor thefts is unlikely to encourage more thefts. As Pew Charitable Trusts found in their invaluable 2018 report, States Can Safely Raise Their Felony Theft Thresholds, Research Shows, South Carolina’s property crime rates actually continued to fall years after the threshold increased.

This isn’t unique to South Carolina, either. Pew’s article also included a brief comparison of crime rates in all 50 states, reporting that between 2000 and 2012, the 30 states that increased their thresholds had property crime rates similar to the 20 states that had not yet updated their laws.

My opinion? Keeping laws up-to-date is critical to saving taxpayer dollars and improving the effectiveness of Washington’s criminal-justice system. Updating the state’s theft statute is one small step to take to make Washington smarter on crime. Punishment for property-crime offenders must also focus on the victims of these crimes. An offender in prison isn’t working to reimburse his or her victim for the value of the stolen property. Instead, the victims pay, through tax dollars, to support the people who have wronged them.

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

State v. Ianniciello: The Right to Remain Silent

Bellingham Defense Attorney, Constitutional Rights, Fifth Amendment, Homicide & Manslaughter, Mount Vernon Criminal Defense Attorney, Self-Incrimination, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Photo courtesy of Premious Shots Productions.

In State v. Ianniciello, No. 86711-3-I (Dec. 15, 2025), the WA Court of Appeals reversed a defendant’s conviction for First Degree Murder. In its holding, the Court found the Ms. Ianniciello did not receive a fair trial because the State violated her Fifth Amendment right to silence by eliciting testimony regarding her pretrial silence in the wake of her husband’s murder and subsequent investigations.

FACTUAL BACKGROUND

On April 2, 2016, Ianniciello’s husband Tom was killed by a single gunshot to his head as he slept in his bed. Ianniciello called police after discovering Tom’s body in the bed. Police arrived and immediately began investigating. At the time of the murder, Tom and Ianniciello had been married for over sixteen years. The marriage was turbulent, as Tom had an issue with alcohol abuse and would become abusive to Ianniciello.

Police arrived and immediately began investigating. Detective Broggi, the lead detective, asked Ianniciello, “Did you shoot your husband?” Detective Broggi expressed concern with Ianniciello’s silent demeanor, saying “I want you to look at our side kind of this” because “you don’t seem overly concerned, or, you know, just upset about it.” Detective Broggi asked Ianniciello if she would be willing to take a polygraph examination, and Ianniciello agreed to do so. A few weeks later, on April 18, Ianniciello’s attorney contacted Detective Broggi, notified her that Ianniciello would not be taking a polygraph examination, and asked her to have no further contact with Ianniciello.

After nearly three years, the State charged Ianniciello with first-degree murder. Ianniciello’s first trial, in 2022, ended in a mistrial after the jury was unable to render a unanimous verdict.

In 2024, the case proceeded to a second trial after which the jury rendered a guilty verdict. On appeal, Ianniciello argued the State violated her right to silence under the Fifth Amendment of the United States Constitution and article I, section 9 of the Washington Constitution by eliciting testimony from multiple witnesses that she did not “reach out,” “call,” “check in,” or “provide information” to law enforcement.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals (Court) discussed Ianniciello’s Fifth Amendment right against self-incrimination. In short, the State violates a defendant’s Fifth Amendment rights when the State calls to the attention to the accused’s pre-arrest silence to imply guilt.

The Court found that here, the record established that Ianniciello invoked her Fifth Amendment right to silence. She purposefully did not answer Detective Broggi’s questions and declined the offer to take a polygraph. This clear statement that Ianniciello would not provide additional information to the police and should not be contacted by them is sufficient to invoke her Fifth Amendment privilege.

Neverthess, at trial, the State elicited at trial direct testimony from two detectives about Ianniciello’s failure to contact them. During its examination of law enforcement officers, the State elicited testimony that Ianniciello did not reach out and did not check in on the status of the investigation. The State also continued this theme of drawing the jury’s attention to Ianniciello’s pre-arrest silence by eliciting testimony that Tom’s other family members would reach out and check in on the investigation, “but not Ms. Ianniciello.”

The Court found the State’s tactics and testimony from its witnesses violated Ianniciello’s Constitutional rights:

“The State’s conduct was an attempt to convince the jury that Ianniciello’s silence, by not communicating with law enforcement, demonstrated her guilt. This is precisely what the Fifth Amendment prohibits.” ~WA Court of Appeals

Next, the Court found that the State’s error was not harmless. Preliminarily, it commented that the State’s case depended largely on circumstantial evidence. More important,  the Court found that testimony from the State’s witnesses about Ianniciello’s pre-arrest silence may have swayed the jury – thus rendering the testimony not harmless – and the State failed to prove beyond a reasonable doubt this constitutional error had no impact on the jury’s verdict.

With that, the Court of Appeals reversed Ianniciello’s conviction and remanded for a new trial.

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

Roadside DUI Tests to Add Oral Fluid Screening

Bellingham Defense Attorney, DUI, Skagit County Criminal Defense, Technology, Whatcom County Criminal Defense, , , , ,

Oral Swab Tests | DUI Drugs | Oxnard Criminal Defense Attorney | DUID

Photo Courtesy of Margaret Johnson: MargJohnsonVA – stock.adobe.com

In recent news, numerous states – including Washington State – are adopting some form of oral fluid specimen use in DUI cases. These technological advancements will transform how law enforcement agencies detect and prosecute DUI cases.

WHAT IS ORAL FLUID TESTING?

Oral fluid testing for DUI involves police using a swab to collect a saliva sample from a driver at a traffic stop to quickly screen for recent drug use (marijuana, cocaine, opioids, etc.) Oral fluid tests help establish probable cause for impairment in addition to field sobriety tests. They’re advocayed as fast, non-invasive tools to detect active impairment, complementing blood/urine tests by showing recent use, not just past usage. 

WHICH STATES ARE ACTIVELY USING ORAL FLUID TESTING?

Alabama initially conducted a pilot program established by the Alabama Department of Forensic Sciences and later transitioned to a permanent oral fluid toxicology program. Alabama’s field screening devices test for marijuana, cocaine, methamphetamine, amphetamine, opioids and benzodiazepines. Oral fluid devices are administered at roadside in a screening capacity to confirm any suspicion of drug use after law enforcement conducts a standardized field sobriety test. The results help obtain a search warrant to collect blood or oral fluid for a laboratory test that would provide evidence for trial.

Law enforcement officers in Indiana began using roadside screening around the state in December 2020 to build probable cause and determine whether or not to call for a DRE. Data collected through the program will be used to evaluate a possible expansion.

The Michigan legislature (Public Act 242 and 243 of 2016) authorized state police to develop an oral fluid pilot program. The initial pilot was conducted in five counties and used DREs to administer the oral fluid test. Unlike previous programs (like the three-year pilot program in Colorado that began in March of 2015), this program was not voluntary as drivers were not given the option of opting out from providing a sample. The program was extended for a second year and expanded statewide. Michigan State Police released a report concluding it found oral fluid testing accurate for purposes of preliminary roadside testing.

Vermont (SB 54) amended its implied consent law to include the testing of saliva in 2020 for evidentiary purposes only. Law enforcement officers can now require a person to submit to a saliva test when they have reasons to believe that they are under the influence of drugs or a combination of drugs and alcohol. Saliva samples cannot be taken at roadside and must be analyzed in a laboratory.

HAS WASHINGTON STATE EMBRACED FLUID TESTING?

Yes. In 2024, the Legislature enacted RCW 46.61.5062. This statute, which goes into effect January 1, 2026, allows law enforcement agencies to utilize “oral fluid roadside information” as part of DUI enforcement. Law enforcement agencies must ensure the following:

  1. The oral fluid test instrument(s) used must be valid and reliable;
  2. Any officer who administers an oral fluid test is properly trained in the administration of the test;
  3. Prior to administering the test, the officer advised the subject of the following information:
    • The test is voluntary and does not constitute compliance with the implied consent requirement of RCW 46.20.308;
    • Test results may not be used against a person in a court of law; and
    • Submission to the test is not an alternative to any evidentiary breath or blood test; and
  1. The law enforcement agency establishes policies to protect personal identifying information from unnecessary and improper dissemination including, but not limited to:
    • Destruction of biological samples from oral fluid tests as soon as practicable after collection of test results; and
    • Prohibition against entering DNA samples or results from such tests into any database.

CONCERNS ABOUT ORAL FLUID TESTING

Drugs do not affect users uniformly or in a manner that is easy to measure. Differing characteristics of the drug, of the user, and of the circumstances in which the drug is used renders distinguishing between presence of drugs and impairment by drugs an opaque endeavor. There are no consistent standards in the manufacture of oral fluid tests. The lack of industry-wide consensus reflects research challenges like dearth of quality studies and information challenges. Finally, laws concerning the use of oral fluid tests are inconsistent across all 50 states.

LEGAL ARGUMENTS AND CHALLENGES

Challenges can be made from collection, preservation, and chain of custody to accuracy of results. Other challenges include the effect of methods of consumption on results, factors affecting the presence of a substance in one bodily fluid while being absent in another, and whether the results even indicate impairment.

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.

Federal Intrusion Into State Criminal Law

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

WATCH: Law enforcement expert explains DC Federalization, police reactions

Photo courtesy of AP Photo/Jacquelyn Martin

Excellent working paper brief by Sentencing Reform Counsel  Liz Komar discusses how the expanding encroachment of federal criminal law on traditionally local offenses threatens justice, equity, and local democracy.

WHY IS FEDERAL INTRUSION INTO LOCALIZED CRIMES PROBLEMATIC?

In her brief, Komar writes that over-federalization can lengthen sentences and increase incarceration because federal sentences tend to be longer and carry higher mandatory minimums than their state counterparts. Furthermore, over-federalization may also result in arbitrary and racially disparate sentencing outcomes for similarly situated defendants. Finally, overly broad federal laws can be wielded by federal authorities to usurp the power of locally elected officials or to suppress protest. This comes as a significant infringement on democracy.

WHAT ARE THE SOLUTIONS?

Rather than allow the encroachment of federal criminal law on traditionally local offenses, Ms. Komar’s brief suggests that federal lawmakers and leaders should do the following:

  • Respond to constituent concerns about crime by investing in community-based solutions, rather than with duplicative federal criminal statutes. Investment in evidence-based interventions like gun violence prevention and programs focusing on preventing youth crime and overdose reduction can respond to the underlying concerns of constituents.
  • Limit interventions by federal prosecutors in traditionally local offenses, particularly in the context of successive prosecutions (prosecutions in which individuals are prosecuted by both the local and federal authorities), or when there is conflict regarding a duly elected local prosecutor’s lawful exercise of discretion.
  • Abolish federal mandatory minimums. Federalizing local offenses tends ultimately to lengthen sentences because of the longer mandatory minimums at play in the federal system.
  • Improve the federal criminal legislative drafting process by requiring judiciary committee oversight of every bill proposing criminal offenses or penalties.
  • Repair the past harms of over-federalization through retroactive sentencing reforms. Some federal mandatory minimums, such as those involving crack cocaine or unlawful possession of a firearm, have played an outsize role in deepening racial disparities and lengthening sentences. Retroactive resentencing laws are a means of addressing these harms, reducing excess incarceration, and strengthening communities.

My opinion? Ms. Komar’s proposed reforms could help to halt the expansion of over-federalization. They can also reduce the unnecessary harm of overlapping and largely duplicative offenses.

Criminal conduct often falls under the jurisdiction of both state and federal laws. Take drug trafficking as an example. If someone brings illegal drugs into the U.S. from abroad, federal laws covering international drug smuggling come into play. But if that person intends to distribute those drugs within a particular state, they’ve also violated state drug laws. In such cases, it’s not just possible—it’s likely—that both federal and state prosecutors will be interested in the case.

These overlapping offenses give prosecutors significant discretion, especially when the crime crosses state lines or involves larger federal interests, like bank security or interstate commerce. This overlap makes the dual prosecution landscape much more common than most people realize.

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.

AI Technology Can Effectively Assist Police. But What’s the Risk?

Artificial Intelligence, Bellingham Defense Attorney, Constitutional Rights, Mount Vernon Criminal Defense Attorney, police, Skagit County Criminal Defense, Technology, Whatcom County Criminal Defense, , , , ,

Longeye

Photo courtesy of Longeye.

When a crime happens, police begin compiling a mountain of digital evidence. The evidence can include surveillance videos, phone records, crime scene photos and interviews. The evidence compiled into data sets can be quite substanial, weighty and lengthy. Be as it may, police agencies are hesitant to assign officers to these tasks, especially in light of budget constraints.

King 5 News reports that the Redmond Police Department addressed these challenges by using a new Artificial Intelligence (AI) platform to sift through evidence to solve crimes. In a recent case, an AI platform called Longeyehelped investigators on a cold case by combing through hours of jail phone calls, including a key confession.

HOW DOES LONGEYE WORK?

Longeye’s AI-powered workspace rapidly digests and understands video, photography, and text at speeds up to 100x faster than a human. It makes information searchable and parsable and it ‘reads’ the data contextually to find key intelligence that can break the case open. In theory, this saves thousands of desk hours, closing cases before the trail goes cold, avoiding burnout and getting police investigators back in the field.

Here, Longeye helped the Redmond Police Department process 60 hours of jail phone calls in a matter of minutes. This apparently saved a significant amount of time, and verified the lead investigator’s facts in the case. By using Longeye to search for and locate key information, the investigator was able to work more efficiently.

DOES LONGEYE USE AI FOR ILL PURPOSES?

In short, advocates of Longeye say it gives police more time to serve victims and close cases. Longeye does not create or predict information. It only points detectives to evidence they already have, helping them work smarter and faster. It verifies facts already known to police in a cold cases. It is not used to uncover new information.

WHAT ARE THE CRITICISMS OF LONGEYE?

Accordingt to Google’s AI Overview, key criticisms and concerns of Longeye include the following:
  • Risk of Errors (“Hallucinations”): A primary concern is that, like other large language models, the AI could generate incorrect information or misinterpret evidence (known as “hallucinations”). This could potentially misguide investigations, leading to wasted time or, more seriously, incorrect assumptions about suspects.
  • Wrongful Arrests: Critics point to the history of other technologies like facial recognition leading to wrongful arrests and worry Longeye could be subject to similar issues if not used with extreme caution.
  • Dependence on Human Oversight: The platform’s designers emphasize it is a tool to assist, not replace, human investigators. This means its ultimate reliability depends on the diligence of human officers to double-check the AI’s findings against original evidence, which might not always happen in practice.
  • Potential for Misuse: As with any powerful surveillance or investigation technology, there are general privacy concerns about how law enforcement uses the tool and what data they are looking for.
  • Unreliable in Court: Courts are already seeing problems with attorneys using other AI tools that cite nonexistent case law, raising fears about the admissibility and reliability of AI-generated insights as evidence. 

Please contact my office if you, a friend or family member are charged with a crime. Any ill-gotten evidence in a criminal case which was obtained, reviewed, presented and organized by AI tools can possibly be suppressed. Hiring an effective and competent defense attorney is the first and best step toward justice.

The Age of Surveillance Creep

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Search and Seizure, Skagit County Criminal Defense, Surveillance Creep, Technology, Whatcom County Criminal Defense, , , ,

Beware surveillance-creep - The University of Auckland

Surveillance technology is growing at an alarming rate in our society. For example, AI-powered cameras use of artificial intelligence software to help people take better photos by identifying objects intelligently and optimizing the color and output based on the scene. These technological innovations are not lost upon law enforcement agencies. Tools like Flock Safety license plate readers have the capability to track individuals across cities and states.

Cities and municipalities and considering a variety of surveillance systems to fight crime. Advocates say it makes cities safer, improves traffic, speeds up airport and stadium lines, makes workers more productive and safeguards valuable company property. Problematically,  electronic data gleaned from cities, municipalities and law enforcement can, without any discretion, provide the information to Immigration and Customs Enforcement and other agencies.  Suddenly, the gradual expansion of surveillance technology has now turned narrow safety programs into broad monitoring networks.

Welcome to the Age of Surveillance Creep.

WHAT IS “SURVEILLANCE CREEP?”

“Surveillance creep” is the idea that surveillance measures first installed for beneficial purposes are later used for more sinister purposes. While surveillance has always been about collecting data, it has now stretched into collecting much more personal information. While a type of surveillance may seem reasonable initially, its intentions past its initial purpose are mainly unknown and perverse. For example, with the rise of technologies to help people work from home comes the ability for employers to surveil their employees without their knowledge or at odd hours.

SOCIAL MEDIA

Social media is one example of this type of surveillance. While having access to your friends and family online may seem like a simple and effective type of digital monitoring, this can lead to data collection and targeted advertising which is far less simple. A person’s use of social media also acts as a type of peer surveillance, where the watched watch each other, thus giving even more power to the watcher.

While many social media users are aware of small data collection on their sites, they continue to use the platform and give it their information willingly due to the addictive qualities of online social networking. Even data collection from advertising agencies seems light when compared to the potential threats of fraud and identity theft that can come from social media sites. The idea of social media and data collection has become so normalized that the threats of more sinister crimes are occurring more often.

FACIAL RECOGNITION

According to experts, large-scale companies are happy to sell facial recognition systems to law enforcement agencies. On the upside, the technology assists in finding criminals and missing persons. However, this technology is not always accurate. There are many instances of racial bias and misidentification when using facial recognition. In short, surveillance cameras being used for facial recognition do not recognize darker skin very well. These technological glitches and flaws tend to be negatively affected when it comes to facial recognition searches.

My advice? The government and large corporations are using surveillance as a way to creep into your daily life. You should have the right to contest that information. Seizures and searches of digital data must be cabined to probable cause, limited to specific categories of information relevant to the investigation, and closely overseen by a neutral judge.

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

Cognitive Biases Affect Trial Outcomes

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

NACDL - Impartial & Representative Juries

Experienced defense lawyers are aware of cognitive biases and implement debiasing techniques to promote justice. Extensive research shows that lawyers, judges and jurors are susceptible to predictable mental shortcuts. Unfortunately, these cognitive shortcuts can lead to systematic errors in judgment and potentially unjust outcomes.

WHY MUST DEFENSE ATTORNEYS BE AWARE OF COURTROOM BIASES?

Defense attorneys must actively address jury biases because an impartial jury is a fundamental right of the accused. Biases can affect juror decision-making in subtle and overt ways, and they can arise from pre-trial publicity, personal experiences, and cognitive shortcuts. Defense attorneys use a range of strategies before and during a trial to counter these biases and protect their client’s right to a fair trial. The following biases can infect every stage of a legal case:

Confirmation bias: The tendency to search for, interpret, and recall information that confirms one’s preexisting beliefs. For example, investigators who settle on an initial theory about a suspect may then selectively gather evidence to confirm it, overlooking contradictory information that could prove the suspect’s innocence.

Anchoring bias: The over-reliance on the first piece of information offered. A prosecutor’s initial demand for a lengthy sentence can “anchor” a judge’s final decision, even if the initial demand was arbitrary. Defense lawyers can mitigate this by controlling the order of evidence presentation to set a more favorable anchor for their client.

Hindsight bias: The tendency to view past events as more predictable than they were. A jury might wrongly believe a defendant should have foreseen a negative outcome, even if it was highly improbable at the time.

The rhyme-as-reason effect: The tendency to perceive statements as more truthful if they are presented in a way that is easy to understand, such as in a rhyme. The famous O.J. Simpson trial defense, “If it doesn’t fit, you must acquit,” is a textbook example of this cognitive bias being used to sway jurors.

Systemic and implicit biases: Cognitive biases can also be influenced by broader systemic issues like racial bias. For example, implicit racial biases can affect how law enforcement interacts with and perceives defendants, potentially cascading through the system to influence jurors.

DE-BIASING TECHNIQUES FOR DEFENSE LAWYERS

Defense lawyers can implement a number of techniques to counteract biases in their own practice and influence a fairer trial for their clients:

Educate the jury and judge: Provide expert testimony from cognitive psychologists to inform the court about common biases and explain how they may be at play in a given case. This encourages decision-makers to scrutinize their own thought processes.

Challenge prejudicial evidence: File motions to challenge the admissibility of evidence that may trigger biases, such as prior criminal history, especially if the defense fears it will unfairly influence a judge or jury.

Conduct blind procedures: Advocate for anonymized document reviews or blind lineups during investigations. Blinding helps to ensure that decisions are based on the merits of the evidence and not on subconscious stereotypes.

Promote deliberative decision-making: Encourage structured and slow deliberation. This might involve preparing judges with checklists or providing guided jury instructions that remind them to consider alternative explanations for the evidence.

Present alternative scenarios: During trial, frame the evidence in a way that draws attention to a plausible alternative narrative that challenges biased assumptions.

Focus on case-specific evidence: Counter representativeness heuristics (judging someone based on stereotypes) by emphasizing the unique circumstances of the defendant and the case, rather than allowing generalizations to take hold.

Jury trials are stressful and adversarial. Testifying witnesses, alleged victims, judges, attorneys and jurors all share cognitive biases heading into these proceedings. Consequently, in these spaces, people tend to assume their cognitive biases  as truth without considering why they exist. Trial outcomes are affcted by bias dynamics involving age, race, sex, education, income level, etc. During jury selection, it’s extremely wise to  create a space where potential jurors feel comfortable enough to discuss their biases.

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’s Drunk-Driving Deaths Surge As U.S. Trend Declines

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Vehicular Homicide, , , ,
Which States are the Worst for Drunk Driving? - Safety - Automotive Fleet

Photo: Automotive Fleet

A very informative article in the Olympian reported that Washington State’s alcohol-related driving deaths surged as national trends declined.

THE DATA

The National Highway Traffic Safety Administration this year published data showing fatalities in drunk-driver-involved crashes dropped 7.6% during that time frame: from 13,458 to 12,429 deaths. However, Washington witnessed the opposite trend between those two years. Fatalities involving an alcohol-impaired driver increased 18.5% from 2022 to 2023, jumping from 205 to 243, per data from the Washington Traffic Safety Commission (WTSC).

WHAT EXPLAINS THE INCREASE?

In general, Washington saw its total traffic deaths and impaired-driving-related fatalities increase more than the national average during and after COVID. The overall number of traffic fatalities in the state increased dramatically between 2019 and 2023, climbing from 538 to 809. The year 2023 saw the highest number of such deaths since 1990. Apparently, many people’s behavioral health suffered during the pandemic. Washington encountered a steep rise in traffic deaths involving an alcohol-impaired driver starting in 2020, when COVID-19 first hit.

Other risky driving behaviors also have ballooned in recent years. Speeding driver-involved fatal crashes, for instance, spiked from 2019 to 2023. Also, impaired driver-involved traffic fatalities — a category that includes drivers on drugs — shot up from 254 in 2019 to 410 in 2023, a 61.4% increase.

Impairment in this category is defined as being under the influence of one or more drugs and/or having a blood alcohol concentration (BAC) of at least 0.08%, or being flagged as impaired by law enforcement.

WA LEGISLATURE PUSHES FOR TRAFFIC SAFETY

Washington state lawmakers last session pursued legislation aimed at improving road safety. One stalled proposal, Senate Bill 5067, revived the push to lower the legal BAC level for drivers from 0.08% to 0.05%. Utah now abides by a 0.05% standard, as do certain states and provinces in Mexico and Canada.

Alao, a new state law that will require intelligent speed-limiters placed in vehicles for people convicted of reckless driving or who’ve had multiple infractions including excessive speeding. GPS-based devices under House Bill 1596, which takes effect in 2029, will prevent such drivers from zooming past the posted limit.

In addition, WTSC is backing up-and-coming car technology that identifies when a driver is legally impaired. If someone were deemed to be drunk, then their vehicle wouldn’t operate, thanks to “breath-based” tech from DADSS: the Driver Alcohol Detection System for Safety.

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

 

City of Bellingham Implements Tax To Fund Public Safety

Bellingham Defense Attorney, police, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Resuming police foot patrols downtown part of city's renewed safety plan | Cascadia Daily News

Bellingham City Council members approved a measure authorizing a sales tax for public safety. Such a tax would cost Bellingham shoppers about 10 cents on a $100 purchase. It’s estimated to raise about $3.9 million for a range of public safety services in 2026.

“If we do not implement this tax, we will have to come up with another way to close that gap,” Deputy City Administrator Forrest Longman told the council during a committee discussion Monday afternoon. “We’ve picked all the low-hanging fruit already.”

HOUSE BILL 2015 

House Bill 2015 is a statewide public safety funding law that allows qualifying cities and counties to impose a new 0.1% sales and use tax option to fund certain public safety efforts.  The legislation also creates a $100 million grant program that is available only to local and tribal law enforcement agencies that can demonstrate compliance with state law.

Sales tax must be used for criminal justice purposes, while the grant can be used for supporting hiring, training, and retaining officers, as well as community-based criminal justice programs in partnership with law enforcement agencies. Jurisdictions that want to impose the 0.1% sales and use tax must meet the grant criteria.

Whether a jurisdiction adopts the sales tax, applies for the grant, or does both, the eligibility criteria are the same. Law enforcement agencies must meet specific policy, training, and data reporting standards outlined in HB 2015 before funding is approved.

DOES THE CITY OF BELLINGHAM QUALIFY TO IMPOSE THE TAX?

Yes, Bellingham is on track to meet all the requirements for imposing the tax by Oct. 3rd. That’s when enough police officers will have completed training in de-escalation techniques, which is among the requirements under the state law that allows cities to impose the tax.

My opinion? Imposing the tax is a step in the right direction. The tax can be used for several programs that fall under the label of public safety. Examples of other programs include domestic violence, public defenders, re-entry work for offenders and crime-reduction measures.

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.