Tag Archives: Skagit County Criminal Defense

Opioid Overdoses Spiked

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

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

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

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

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

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

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

Decriminalize Personal Use

Bellingham Defense Attorney, Department of Corrections, Drug Offenses, felony, Fentanyl, Legislation, marijuana, Methamphetamine, misdemeanor, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

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On Thursday, Washington lawmakers introduced House Bill 1499. This bill would work to decriminalize personal use of drug possession and expand treatment and support services. The bill is sponsored by State Rep. Lauren Davis, a 32nd District Democrat from Shoreline, who represents portions of Edmonds, Lynnwood and Mountlake Terrace.

According to the Washington State Department of Health, an average of two people die from an opioid overdose every day in the state.

HB 1499, called the Pathways to Recovery Act, was introduced by Davis and co-sponsor Rep. Kirsten Harris-Talley, D-Seattle, It’s supported by various medical advocacy and civil rights organizations like Treatment First Washington, Care First Washington and Washington Recovery Alliance.

“The opposite of addiction is not sobriety, it’s connection . . . In all my years of work in this field, I can say that what keeps people from seeking treatment boils down to two things: one, they don’t believe recovery is possible for them, and two, they don’t believe they’re worthy of recovery.” ~WA State Rep. Lauren Davis

In short, the bill itself decriminalizes personal-use amounts of drugs. The decriminalization part is based on the widening belief that jail time and legal consequences often present more problems than rehabilitative solutions for people suffering from addiction, creating a vicious cycle.

“The Legislature finds that substance use disorder is among the only health conditions for which a person can be arrested for displaying symptoms.” the bill reads. “People use drugs to escape the painful reality of their lives and circumstances, including trauma that’s never had a chance to heal.”

According to Davis, building this new continuum of care would be funded piecemeal from a federal substance abuse block grant, money obtained through opioid manufacturing lawsuits and state general funds saved from expected reductions in the Department of Corrections budget needs.

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

Banning Armed Protests

Bellingham Defense Attorney, Firearm, Legislation, misdemeanor, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Michigan Cancels Legislative Session to Avoid Armed Protesters - Bloomberg

The Washington State Capitol has long been the site of armed and unarmed protests. Until recently, armed protests at the Capitol have taken place without violence, bloodshed or gunfire.

In December, however, shots were fired at two clashes between demonstrators who were pro-former President Donald Trump and counterdemonstrators near the Capitol grounds, injuring one person. Consequently, lawmakers are considering a bill that would ban the open carry of firearms on Capitol grounds and at other public demonstrations.

Senate Bill 5038 would make it a gross misdemeanor to open carry firearms and other weapons at the state Capitol campus, legislative meetings and within 1,000 feet of a public demonstration. The bill’s prime sponsor, Sen. Patty Kuderer, D-Bellevue, said that an increase in armed vigilantism is becoming an alarming trend.

Kuderer argues that her bill would ensure that weapons are not used to intimidate peaceful demonstrators, and would decrease the potential for lethal violence.

“The purpose of open carrying a weapon at a protest is to intimidate people . . . It only serves to increase the risk of violence or death. And we’ve seen over the past several years armed groups engage with peaceful protestors, and sometimes with deadly consequences.” ~Sen. Patty Kuderer

According to Washington State Patrol spokesperson Chris Loftis, there have been 149 unpermitted demonstrations or events at the Capitol since COVID-19 restrictions went into effect in the spring.

Washington is an open-carry state, but the Capitol would be added to a list of places where firearms are already banned, including jails, courtrooms, airports, schools and mental health facilities.

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

No More Police Chokeholds

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emi koyama (@emikoyama) | Twitter

Excellent article by Melissa Luck of the yaktrinews.com reports that House Bill 1054 would limit law enforcement officers from using controversial police tactics like chokeholds and tear gas.

Ending Money Bond

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VICTORY: Illinois Just Passed the Pretrial Fairness Act and Ended Money Bail – Chicago Council of Lawyers

Illinois is poised to become the first state in the country to end the use of wealth-based pre-trial detention. The change has been a long time in the making – so long that one of the first organizers working to change the Illinois bail system six years ago got elected to the state senate and became a co-sponsor of the Pre-trial Fairness Act.

In courtrooms across the US, pre-trial release payments, called bond or bail, create dual systems of justice – one for the wealthy who can pay their way out of pre-trial incarceration and another for those who can’t afford it. Studies have also shown that hundreds of thousands of Americans like Mayes end up pleading guilty or receiving harsher sentences because of unaffordable bonds, whether or not they are guilty.

My opinion? Let’s see what happens. Numerous studies have shown that bail does little to achieve its intended purpose of ensuring court attendance – people released on their own recognizance were just as likely to come back to court for their trials as people who posted money bond and no more likely to reoffend awaiting trial.

Wealth-based detention is at its core, a racial justice issue. Across the country, Black, Latino and indigenous people are detained pre-trial at far higher rates than people of other ethnicities. If given a money bail, Black people receive significantly higher bail than all other ethnic and racial groups and are less likely to be able to post the bail amount. Bail is usually set by judges in less than a minute and people with almost identical charges are often assigned bails that differ by tens of thousands of dollars.

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

Covid & Drug Overdoses

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Coronavirus Leads to More Drug Overdose Deaths · Napoli Shkolnik

Excellent article by Adriana Belmonte of yahoo!news reports that the Coronavirus Pandemic has had devastating mental health effects on Americans, and drug abuse is hitting record levels.

New data from the Centers for Disease Control and Prevention (CDC) revealed that over 81,000 drug overdose deaths occurred in the U.S. in the 12-month period ending in May 2020. That’s the highest number ever recorded by the CDC.

“This pandemic and all that’s come along with it has really just exacerbated those vulnerabilities and the shortcomings of our own approach to treating those people.” ~Dr. Ryan Marino, a medical toxicologist and emergency physician based out of Ohio.

Ms. Belmonte reports that in San Francisco, the number of overdose deaths (621) outpaced COVID-related deaths (173) in 2020. And more than 40 states reported annual increases in opioid overdose deaths, “as well as ongoing concerns for those with a mental illness or substance use disorder,” according to the American Medical Association.

According to Belmonte, a CDC survey in June found that 40.9% of Americans reported at least one adverse mental or behavioral health condition, with 13.3% of respondents having started or increased substance use to cope with stress or emotions related to COVID-19:

Please contact my office if you, a friend or family member face criminal allegations such as Drug Charges, Assault or Domestic Violence. Chances are, the various compounding stresses brought by the Coronavirus Pandemic could factor into the allegations. Hiring and experienced and effective criminal defense attorney is the first and best step towards justice.

DUI’s Raise Insurance

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Best Car Insurance Options After A DUI

Great article by Andrew Hammond of the Tacoma News Tribune says that according to the Northwest Insurance Council, extra patrols will be deployed to look out for impaired motorists this holiday season. And unfortunately, it doesn’t stop there.

Hammond also reports that NW Insurance Council President Kenton Brine said, “Long after the arrest, conviction, possible jail time and fines, the consequences of having a DUI citation can continue to increase the cost of insurance for offenders.”

“To an insurer, having a DUI indicates a highly risky driving history, which is a primary factor insurers use to determine auto insurance premiums. Insurance companies may review a motor vehicle report upon renewal of an auto policy to discover any citations, including a DUI. Drivers with an infraction for DUI would likely see a premium increase or surcharge, or their policy may not be renewed.”  ~Kenton Brine, President of the Northwest Insurance Council.

DUIs can be caused by the use of marijuana, prescription drugs and even over-the-counter drugs like Nyquil and Ambien as well as alcohol.

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.

Average Washingtonian Drinks Six Days in a Row During Holidays

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Infographic: Drinking and DUIs During the Holidays

A survey from the Addiction-treatment.com shows that among 3,000 state residents 21 and older, the average Washingtonian drinks for six days in a row over the holiday season, without having a day off. It could be wine, beer, cider, or whatever a particular person’s choice is.

That puts Washington drinkers at the top of the list of states, according to the group. The average American drinks for four days in a row over the holidays, it says.

Some may be drinking to celebrate the end of 2020 but others may be drinking due to loneliness, depression and isolation. Here’s some other highlights from the organization’s 12 Days of Christmas infographic:

  • Almost half of respondents say drinking at Christmas is a family tradition.
  • Over 1 in 3 say they give alcohol as a gift to loved ones at Christmas.
  • A quarter admit they spike their morning coffee with alcohol during the holidays.

“It’s important that people not use the pandemic or the holidays to justify excessive drinking,” Brittney Morse, a spokesperson for Addiction-Treatment.com, said in a statement.

“We know that overindulgence in alcohol can start the process for bad habits and lead to unhealthy coping skills that could ultimately result in alcohol dependence. Now is a great time to establish new, healthy traditions that are not centered around the consumption of alcohol. This ensures every family member, even those in recovery, can enjoy the holiday traditions together.” ~Brittney Morse, a spokesperson for Addiction-Treatment.com

Please contact my office if you, a friend or family member are charged with a drug crime or alcohol-related crime over the holidays. The temptation to imbibe is especially pronounced these days due to the Coronavirus Pandemic. Hiring an experienced criminal defense attorney is the first and best step towards justice.

Prosecuting Poverty?

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Seattle considers excusing misdemeanor crimes if they can be linked to poverty

Should we be prosecuting poverty? Great article by of KUOW reports that Seattle lawmakers are considering a law that would excuse suspects from most misdemeanor crimes if they can be linked to poverty or mental illness.

If approved, it would make the Emerald City the nation’s first to have such a measure on the books.

“Good prosecutors don’t take any satisfaction in prosecuting that type of offense.” ~Seattle City Attorney Pete Holmes

The Seattle City Council said the proposal, crafted with input from local public defenders, would excuse suspects from minor crimes like theft, trespassing, or assault — but not in cases of domestic violence or DUI, KUOW-TV reported.

“In a situation where you took that sandwich because you were hungry and you were trying to meet your basic need of satisfying your hunger, we as a community will know that we should not punish that,” Anita Khandelwal, King County Director of Public Defense, told KUOW. “That conduct is excused.”

Anita Khandelwal said the “poverty defense” isn’t meant to ignore the needs of businesses and others harmed by these offenses. She said the current system doesn’t provide them redress either, and it does more harm to offenders.

“It’s meeting nobody’s needs. This is not that we don’t care about the business community or about people who have experienced harm. It is that we know that this process – this processing of human beings through the system – is harmful to our clients and again very racially disproportionate, and also not getting business owners what they need either.” ~ Anita Khandelwal, King County Director of Public Defense,

The push comes as crime has spiked in Seattle this year, including during the Capitol Hill Occupied Zone protests in the city, Fox affiliate WSFX-TV reported.

At the same time, the city’s homeless population has risen by 5 percent since last year. However, not everyone in the Northwest city is on board with the proposed law change.

“It sends this powerful signal that as a city government, we don’t really care about this type of criminal behavior in our city,” former city councilman Tim Burgess told KUOW.

Burgess called the proposal “a defense lawyer’s dream.” Briefing documents say the Council would need to define whether the new affirmative defense applies only to someone meeting immediate basic needs, like stealing a sandwich in order to eat, or to items that are stolen for resale “so the defendant can pay rent.” Herbold says her committee will continue its work on the proposal in January.

Please contact my office if you, a friend or family member are charged with a crime like Theft, Possession of  Stolen Motor Vehicle, etc., and the Poverty Defense might apply. Hiring an experienced criminal defense attorney is the first and best step toward justice.

Twitch Cracks Down on Hate Speech & Harassment

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Hard Questions: Where Do We Draw the Line on Free Expression? - About Facebook

Great article by reporter Kellen Browning of the New York Times reports that Livestreaming platform Twitch stops hate speech by releasing updates to its Hateful Conduct and Harassment Policy aimed at better protecting its community of gamers and users from hate speech, sexual harassment and other harmful online attacks.

“We know that many people on Twitch — particularly women, members of the LGBTQIA+ community, Black, Indigenous, and people of color — unfortunately continue to experience a disproportionate amount of harassment and abuse online, including on our service. . . Not only is this blatantly unacceptable, it also undermines the community we’re building on Twitch and threatens the long term viability of streaming as a career for everyone who wishes to pursue it.” ~Twitch Post Regarding Updates to Its Hateful Conduct and Harassment Policies

The changes make several aspects of Twitch’s current policy clearer and more explicit, banning actions like encouraging people to doxx another user, repeatedly commenting on someone’s physical appearance if you’ve been asked to stop, or displaying the Confederate flag.

The new policy will take effect on Jan. 22, 2021. Until then, Twitch’s team will continue to moderate content using its existing guidelines, the post said.

Interesting.

Apparently, Twitch is responding to the call for more and better moderation/management of its online platforms. In all likelihood, the recent presidential elections ushered an increase in all types of harassment, including Hate Crimes and Felony Harassment. These crimes are felonies in the State of Washington.

Please contact my office if you, a friend or family are charged with Hate Crimes and Felony Harassment. Not all commentary is abusive, bullying and/or hate speech. Indeed, most content is protected by the First Amendment. Hiring an experienced and effective criminal defense attorney is the first and best step towards justice.