Tag Archives: Skagit County Criminal Defense Attorney

Why Henry Louis Gates Should Sue

Constitutional Rights, Race & Law, Search and Seizure, Studies, , ,

Henry Louis Gates, Jr., Will Offer Presidential Colloquium | Smith College

Last week in Cambridge, Mass., Sgt. James Crowley arrested Henry Louis Gates Jr., a professor at Harvard, for Disorderly Conduct while responding to a reported break-in at Gates’s home.  The charges were subsequently dismissed.  Nevertheless, media pundits are asking the question:  should Mr. Gates sue?

Not surprisingly, the article’s author advocates legal action.  A lawsuit from Gates could lead to formal examination of the troubled history of police interactions with African-Americans.  The suit would also oppose systemic injustice and benefit the larger community.  Finally, lawsuits can be an important tool for reform when coupled with advocacy and public education efforts when the circumstances are conducive to change.

My opinion?  Personally, I also believe Gates should file suit.  Some police officers wrongfully become offended when questioned by citizens.  These same officers consider it unlawful when citizens exercise their Constitutional rights.   In short, citizens have the 4th amendment right to refuse illegal searches/seizures by police.

We also have the 5th Amendment right to remain silent upon arrest.  In other words, we may legally refuse to provide police with information which may incriminate ourselves.   When and why did it become unlawful to exercise our rights?  Where is the Disorderly Conduct in that?

It could be problematic, however, for Mr. gates to prove damages.

In order to prevail, Mr. Gates must show that he was (1) injured before/during/after the arrest, and (2) that his injuries led to quantifiable damages.  Admittedly, the damages portion is difficult to quantify.  Was Mr. Gates physically injured at any time?  Was he incarcerated?  If so, did his incarceration cause him any other injuries?  Did Mr. Gates undergo mental trauma?  The answers to these questions should determine whether his lawsuit has merit or is frivolous.

Good luck, Mr. Gates.

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.

New National Report: 1 in 11 Prisoners Serving a Life Sentence

Jail, Race & Law, Sentencing, Studies, , ,

How long is a life sentence in the UK, what's a whole life order and when is a prisoner eligible for parole?

A new report released by The Sentencing Project finds 140,610 individuals are now serving life sentences in state and federal prisons, 6,807 of whom were juveniles at the commission of the crime.  In addition, 29% of persons serving life sentences (41,095) have no possibility of parole, and 1,755 were juveniles at the commission of the crime.

No Exit: The Expanding Use of Life Sentences in America represents the first nationwide collection of life sentences data documenting race, ethnicity and gender.  The report’s findings reveal overwhelming racial and ethnic disparities in the allocation of life sentences: 66% of all persons sentenced to life are non-white, and 77% of juveniles serving life sentences are non-white.

The report notes that legislators have expanded the types of offenses that result in a life sentence and established a wide range of habitual offender laws that subject a growing proportion of defendants to potential life terms. The authors note how the politics of fear has largely fueled the increasing use of life without parole (“LWOP”) sentences. This is described as an increasing willingness to impose life sentences on juveniles, an increasing reluctance on the part of parole boards and governors to release parole-eligible life prisoners and how, as a consequence, the population of life prisoners is both growing and aging, with ever-increasing costs to society.

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.

 

State v. Engel: WA Supreme Court Reversed Overly Broad Burglary Conviction

Burglary, Constitutional Rights, Due Process, felony, Jury Trial, Property Crimes, United States Supreme Court, Washington Court of Appeals, , ,

118 Fence Ideas and Designs - Different Types With Images

In State v. Engel, the WA Supreme Court ruled that a man suspected of stealing aluminum auto wheels from a rural business wasn’t guilty of committing Burglary in the Second Degree — an extremely serious felony — because the property wasn’t fenced on all sides.

Roger Engel was convicted of second-degree burglary after stealing some wheels from a large private yard that was partially enclosed by a fence and partially bordered by sloping terrain. Burglary in the second degree requires entering or remaining in a “building.” RCW 9A.52.030. A “building” is defined to include a “fenced area.” RCW 9A.04.110(5). Engel challenged his conviction, claiming the yard was not a “fenced area” under the statute.

The business premises Engel entered covered seven or eight acres and included several buildings and a large yard. The entrance to the property was gated. One-third of the property, including the side fronting the road, was fenced by chain link fence with barbed wire on the top.

However, the rest of the property was not fenced, including the edge of the property near the stock piles. Beyond the gravel piles was is a “pretty sizeable drop-off, a hill that goes down.” Two-thirds of the property was encased by ‘banks, high banks, [and] sloping banks.” Directly adjacent to the property was a separate business, but no fence or gate separated the two properties.

The Supreme Court agreed with Engel’s argument, with Justice James Johnson writing the unanimous opinion. “Upholding an overly broad definition of ‘fenced area’ would extend criminal liability beyond what is warranted by the plain language of the statute, as understood in the context of the common law.

Therefore, the Court of Appeals decision affirming Engel’s conviction is reversed and the case is remanded with instructions to vacate the conviction and dismiss the charge.”

My opinion?  I wholeheartedly agree with the WA Supremes for two reasons.  First, under the state’s interpretation of “Burglary,” would-be petty criminals who trespass might be liable for burglary even if the property line at their point of entry were unfenced and unmarked, even if they remained on the property without approaching any buildings or structures, and even if the property were such that they could enter and remain without being aware that it was fenced.  These kinds of examples are well outside the category of offenses the legislature intended to punish as burglary.

Second, Burglary is a serious crime with serious consequences. An arrest and conviction for a residential burglary, or any other property crime, can be a life-changing event that may result in penalties such as mandatory state prison time. Residential burglaries have reached epidemic proportions in many communities and courts are routinely handing out stiff penalties, even to first time offenders.

Again, good opinion.

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.

State v. Redding: U.S. Supreme Court Declares Strip Search of 13-Year-Old Student Unconstitutional

ACLU, Constitutional Rights, Drug Offenses, Due Process, Search and Seizure, Search Warrant, United States Supreme Court, , ,

Should schools be strip-searching students? | Illinois Attorney Referrals and Legal Guidance

In State v. Redding, the U.S. Supreme Court ruled that school officials violated the constitutional rights of Savana Redding, a 13-year-old Arizona girl who was strip searched based on a classmate’s uncorroborated accusation that she previously possessed ibuprofen, a banned medication. This is the biggest victory for students’ rights in the last 20 years.

My opinion?  I’ll let Savannah speak for herself.  Below is a post she wrote for the ACLU’s blog:

“People of all ages expect to have the right to privacy in their homes, belongings, and most importantly, their persons. But for far too long, students have been losing these rights the moment they step foot onto public school property — a lesson I learned firsthand when I was strip-searched by school officials just because another student who was in trouble pointed the finger at me. I do not believe that school officials should be allowed to strip-search kids in school, ever. And though the U.S. Supreme Court did not go quite so far, it did rule that my constitutional rights were violated when I was strip-searched based on nothing more than a classmate’s uncorroborated accusation that I had given her ibuprofen. I’m happy for the decision and hope it helps make sure that no other kids will have to experience what I went through.

Strip searches are a traumatic intrusion of privacy. Forcing children to remove their clothes for bodily inspection is not a tool that school officials should have at their disposal. Yet, until today, the law was apparently unclear, potentially allowing for the most invasive of searches based on the least of suspicions. Every day, parents caution their children about the importance of not talking to strangers, looking both ways before crossing the street, and following directions at school.

But I imagine they never think to warn them that a school official, acting on a hunch, may force them to take their clothes off in the name of safety. And now, thankfully, they won’t have to. Our fundamental rights are only as strong as the next generation believes them to be, and I am humbled to have had a part in preserving and promoting the Fourth Amendment to the Bill of Rights.”

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.

From the Glass to the Brain in Six Minutes

Studies, , ,

How Alcohol Impacts the Brain | Northwestern Medicine

Scientists is Heidelberg discovered that alcohol affects brain cells six minutes after consumption.  The “subjects” consumed an amount of alcohol equivalent to three glasses of beer or two glasses of wine, leading to a blood alcohol level of 0.05 to 0.06 percent.

The harmful effect also sets in quickly. During the experiment, the concentration of substances such as creatine (energy metabolism), which are attributed with protecting cells, decreases as the concentration of alcohol increases. Choline, a component of cell membranes, was also reduced. “That probably indicates that alcohol triggers changes in the composition of cell membranes,” says Dr. Armin Biller.

Is all consumption of alcohol harmful for the brain? “Our follow-ups on the next day showed that the shifts in brain metabolites after moderate consumption of alcohol by healthy persons are completely reversible,” says Dr. Armin Biller. “However, we assume that the brain’s ability to recover from the effect of alcohol decreases or is eliminated as the consumption of alcohol increases.”

This study also found no differences between the results of male and female individuals – the brains of female and male subjects reacted to alcohol consumption the same way.

My opinion?  Well — without getting too personal — I support the study’s findings.  Alcohol hits a lightweight like me fairly quick.  LOL.

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.

Melendez-Diaz v. Massachusetts: Protecting the Right to Confront Witnesses

Constitutional Rights, Drug Offenses, Forensics, United States Supreme Court, , ,

Experts: Crime labs come with built-in bias, shifting science – Orange County Register

In Melendez-Diaz v. Massachusetts, the U.S. Supreme Court held that crime lab reports may not be used against criminal defendants at trial unless the analysts responsible for creating them give testimony and subject themselves to cross-examination.

The case arose from the conviction of Luis E. Melendez-Diaz on cocaine trafficking charges in Massachusetts. Part of the evidence against him was a laboratory report stating that bags of white powder said to have belonged to him contained cocaine. Prosecutors submitted the report with only an analyst’s certificate.

The ruling was an extension of the 2004 Crawford decision that breathed new life into the Sixth Amendment’s confrontation clause, which gives a criminal defendant the 6th Amendment right to confront witnesses.  The Court reasoned that cross-examination of witnesses is designed to weed out not only the fraudulent analyst, but the incompetent one as well.

This reasoning is strong.  In February, for example, the National Academy of Sciences issued a sweeping critique of the nation’s crime labs. It concluded, for instance, that forensic scientists for law enforcement agencies “sometimes face pressure to sacrifice appropriate methodology for the sake of expediency.

Additionally, the decision came in the wake of a wave of scandals at crime laboratories that included hundreds of tainted cases in Michigan, Texas and West Virginia.  Those scandals proved that live testimony from analysts was needed to explore potential shortcomings in laboratory reports.

My opinion?  Excellent decision!  It gives much-needed teeth to the the Supreme Court’s 2004 Crawford decision.  How this decision applies as a practical matter remains to be seen.  Criminal defense lawyers may still stipulate that crime lab reports are accurate, fearing that live testimony will only underscore their clients’ guilt. Others may insist on testimony in the hope that the analyst will be unavailable.

Still, others will now be able to prove that an analyst’s conclusion was mistaken or inconclusive.  As Justice Kennedy wrote, “The defense bar today gains the formidable power to require the government to transport the analyst to the courtroom at the time of trial.”

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.

US Supremes Rule Convicted Defendants Have No Right To Test DNA

Assault, Constitutional Rights, DNA, Due Process, felony, Forensics, Legislation, Race & Law, Rape, Sex Crimes, Uncategorized, United States Supreme Court, , ,

How Reliable Is DNA Evidence? | The Marshall Defense Firm

In Yeager v. United States, the U.S. Supreme Court ruled that convicts have no constitutional right to test DNA evidence in hopes of proving their innocence long after they were found guilty of a crime.

The decision may have limited impact because the federal government and 47 states already have laws that allow convicts some access to genetic evidence. Testing so far has led to the exoneration of 240 people who had been found guilty of murder, rape and other violent crimes, according to the Innocence Project.

The court ruled 5-4, with its conservative justices in the majority, against an Alaska man who was convicted in a brutal attack on a prostitute 16 years ago.

William Osborne won a federal appeals court ruling granting him access to a blue condom that was used during the attack. Osborne argued that testing its contents would firmly establish his innocence or guilt.

In parole proceedings, however, Osborne has admitted his guilt in a separate bid for release from prison.

The high court reversed the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco. States already are dealing with the challenges and opportunities presented by advances in genetic testing, Chief Justice John Roberts said in his majority opinion.

“To suddenly constitutionalize this area would short-circuit what looks to be a prompt and considered legislative response,” Roberts said. Alaska, Massachusetts and Oklahoma are the only states without DNA testing laws. In some other states, the laws limit testing to capital crimes or rule out after-the-fact tests for people who confess.

But Justice John Paul Stevens said in dissent that a simple test would settle the matter. “The court today blesses the state’s arbitrary denial of the evidence Osborne seeks,” Stevens said.

My opinion?  HORRIBLE DECISION.  Although the crime in question was heinous, there is no doubt that a small group of innocent people — and it is a small group — will languish in prison because they can’t get access to the evidence.  This directly violates a defendant’s 6th Amendment rights.  Unbelievable.

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.

Class Action Lawsuit Challenges “Camera Tickets”

Bellingham, Due Process, law enforcement, Legislation, Red Light Cameras, Terry Stop, Traffic Infractions, , ,
Rosen Law Firm in Seattle is currently researching a class action law suit against many Washington cities that operate red light and speed zone cameras in Washington.  If you have paid for a photo enforcement ticket in Washington, they may be interested in representing you and trying to get your money back.
Apparently, the firm is willing to do so at no cost to you unless they win, and then only a percentage of the amount they recover for you. If you are interested and meet the eligibility requirements of 1) having received a photo enforcement ticket; 2) in Washington; and 3) you paid the ticket, please contact the Rosen Law Firm:

My opinion?  I wish success upon this class action!  Red light camera tickets seem like an easy way for cities and counties to fill their coffers.  And it is working.  For example, the city of Balitmore shortened the yellow light on just one intersection and collected $1000’s in traffic light camera violation fines until one alert victim took them to court.   Additionally, I’ve heard complaints (hearsay, I know) that yellow lights times are SHORTENED if a camera is observing the intersection; and that the cameras actually don’t decrease people’s speed.

Good luck, RosenLaw Firm.  Give ’em Hell!   🙂

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.

Waiving or Reducing Interest on Court Fines

ACLU, Bellingham Defense Attorney, Court Fines, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , ,

How Long Do I Have To Pay My Fines And Costs To The Court? | Greenspun Shapiro PC

Gotta love the ACLU.

The organization just created a step-by-step guide which provides information and forms on how to obtain a court order waiving or reducing interest on legal financial obligations (LFOs) in Washington State. Defined by statute RCW 10.82.090, the court may, on motion by the offender, reduce or waive the interest on legal financial obligations ordered as a result of a criminal conviction.

In order to move the court to waive or reduce interest, you must prove the following to the court in all cases:

1) You have already been released from total confinement;

2) You have made a good faith effort to pay, meaning that you have either (a) paid the principal amount in full, or (b) made 24 consecutive monthly payments excluding any payments mandatorily deducted by DOC;

3) The interest accrual is causing you significant hardship;

4) You will not be able to pay the principal and interest in full;

5) Reduction or waiver of the interest will likely enable you to pay the full principal and any remaining interest thereon;

My opinion?  So many clients tell me the criminal justice system sucks their money away.  It’s bad enough that people get criminal records, jail time, fines, restitution, etc., when convicted of crimes.  Paying interest fees on top of criminal fines is adding insult to injury.  Unbelievable.

Here, the ACLU has provided a great service to criminal defendants and their attorneys.  Good stuff.  I’m looking forward to applying the guidelines and helping my clients save money.

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.

State v. Garvin: WA Supremes Held “Squeeze Search” Unlawful

Constitutional Rights, Drug Offenses, felony, law enforcement, marijuana, misdemeanor, police, Privacy, Probable Cause, Search and Seizure, Terry Stop, Traffic Infractions, Washington Supreme Court, , ,

Know Your Rights: Stop-and-Frisk | ACLU of DC

In State v. Garvin, the Court held that police officers cannot “squeeze” a defendant’s pockets to determine the nature of objects in the pocket.

An officer pulled Anthony Garvin over for a traffic infraction. When he noticed a knife on the seat next to Garvin, the officer ordered Garvin out of the car and conducted a search for additional weapons. In the process he discovered a baggie of methamphetamine. At trial the officer testified, “We don’t really pat anymore. It’s more of a squeeze search.”

Garvin moved to suppress the evidence seized, and the trial court denied the motion. He was convicted of possession of a controlled substance, and Court of Appeals upheld the conviction.  The WA Supreme Court granted review.

The court reasoned that the officer was not allowed to manipulate objects within the clothing, and his “squeeze method” exceeded the scope of a valid frisk under the “stop and frisk” rule articulated in Terry v. Ohio, 392 U.S. 1 (1968).  The court added, “Without probable cause and a warrant, an officer is limited in what he can do.  He cannot arrest a suspect, he cannot conduct a broad search.”

My opinion?  Yaaaay!!

Many clients get arrested because police officers obtain evidence unlawfully.  It’s an outrage!  This case is beautiful.  I can’t wait to argue a Garvin motion in my future attempts to suppress unlawfully obtained evidence.   🙂

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.