Although all citizens of Washington are expected to comply with the law, regardless of their maturity, the law presumes that children under a certain age lack the capacity to commit a crime. Thus, if a defendant charged with a criminal offense is under the age of twelve, the State must prove that the person understood […]

It is well-established under state and federal law that a person accused of a crime cannot be compelled to make incriminating statements. In some instances, though, a criminal defendant may be coerced into making a statement that can be used against them, due to a lack of awareness regarding his or her rights. In a […]

In many instances in which a person is convicted of a serious offense, in addition to being penalized via jail time or a fine, he or she will also lose the right to possess or own a firearm. As such, if a convicted felon is found with guns in his or her possession, it may […]

Many criminal statutes require the State to prove that a defendant possessed a certain mental state during the commission of the crime. If the State cannot establish that the defendant had the required state of mind when an offense was allegedly committed, then the defendant should not be found guilty. Recently, a Washington court discussed […]

In many instances in which a person is accused of engaging in acts of domestic violence, a court will issue a protective order barring the person from contacting the alleged victim. While a violation of a protective order may constitute a crime, if the terms of the order are unclear, it may not be understandable. […]

Typically, in a Washington criminal trial, the prosecution is limited to introducing evidence that would persuade a judge or jury that the defendant committed the charged offense. As such, any evidence that is unrelated to the underlying crimes, and that would be prejudicial to the defendant may be precluded. For example, the prosecution cannot typically […]

Often when a person is charged with assault, the evidence the State presents against the defendant is purely circumstantial. Thus, in many cases, there is insufficient evidence for the State to obtain a conviction. In some cases, the State will introduce evidence of substantial bodily harm to support the allegations a defendant committed assault. Recently, […]

In some cases in which a defendant is sentenced to imprisonment, he or she may be able to obtain a reduced sentence or compassionate release. There are strict parameters that define when a compassionate release is appropriate, and a court will not grant a defendant compassionate release unless the defendant demonstrates that one of the […]

It is common knowledge that when a person is charged with a crime, they cannot be forced to make self-incriminating statements. Many people do not understand the nuances of the right against self-incrimination, however, or when it applies, as demonstrated in a recent case in which the defendant’s conviction for unlawful possession of a firearm […]

Domestic violence crimes are not limited to physical acts of violence, but also include stalking, cyberstalking, and harassment over the telephone. While a wide array of behavior may give rise to a domestic violence offense, a common element of domestic violence crimes is harm, whether it is actual harm or an actual or perceived threat […]