District Court judges in Kitsap County recently ruled that all Washington breath tests are unreliable and excludes them from DUI cases. The breath test machine does not comply with Washington law and all test results are invalid. This ruling applied to Kitsap District Court cases currently, but it’s only the beginning for the rest of … Read more
Oregon’s new expungement law went into effect today. It was a much needed change to the previous law that was overly complicated and limited who could erase their record. Under the new law, a person with a criminal record has can ask the court to expunge their criminal history if they have completed the conditions … Read more
On January 1, 2022, the State of Washington will enact new laws related to DUI sentencing. These laws give the judge more flexibility when sentencing on DUIs with the mandatory minimum laws in Washington. First Offense – House Arrest Option The court will now be able to order house arrest or the 24/7 sobriety program … Read more
Drug Possession Convictions are Invalid In a landmark opinion, the Washington Supreme Court in State v. Blake ruled that the law prohibiting possession of controlled substances in unconstitutional and those convicted may be eligible to have their conviction invalidated. The reasoning behind the opinion is that the law did not require the state to prove … Read more
How Clark County Courts are Affected by Coronavirus COVID-19 District Court Issues Emergency Order This morning Clark County issued new guidelines for court operations during the Coronavirus outbreak. Clark County District Court has suspended most of their proceedings. Those with current pending charges who have a court date in March or April will have their … Read more
In the News: Self Defense for Vancouver Home Owner A Vancouver, WA homeowner shot and killed an intruder February 13, 2020. The homeowner reported that the suspect not only illegally entered him home, but when he was confronted, charged at the homeowner. The homeowner nor his family were hurt and police were immediately called. KATU … Read more
Clark County Sheriffs Begin Drawing Blood in DUI Investigations KATU News interviewed me for their story on Clark County’s new blood draw DUI program. When someone is arrested for DUI, Washington law enforcement has the option of drawing and testing the suspect’s blood to determine whether there are drugs or alcohol present. This typically happens … Read more
Assault 4 DV Is Now a Felony Crime Assault 4 DV is a common charge brought by prosecutors in Washington. It is the lowest level domestic violence assault and often minor altercations can lead to an arrest for this charge. As of July 2017, this same charge can be filed as a felony. RCW … Read more
Deferred Prosecution is a program available to those charged with misdemeanor or gross misdemeanor crimes in Washington. RCW Chapter 10.05 lays out the framework for the program. The program allows a defendant to avoid a conviction and its penalties by entering into and successfully completing the program. The defendant has to state under oath that … Read more
Immigration Arrests and Criminal Records Since the new administration has increased the enforcement of immigration laws, it is more important than ever to up your criminal record if you are not a U.S. Citizen. Washington law allows you to clean up your criminal record by vacating your criminal history. Vacating a conviction withdraws your guilty plea … Read more