In Washington, in order to convict a person of driving while under the influence of alcohol, the State must offer evidence sufficient to establish guilt beyond a reasonable doubt. While the State can use circumstantial evidence to meet this burden, it cannot rely on speculative or misleading evidence, as discussed in a recent Washington DUI […]

In many instances in which the police suspect a motorist is operating a vehicle while under the influence of alcohol, they will administer a breath test. Breath tests are only admissible if they are conducted in a certain manner, however. For example, they may be deemed invalid if there was a foreign substance in the […]

One of the core tenets of criminal procedure is that people accused of crimes have a right to question any witnesses who testify against them, pursuant to the confrontation clause. In practice, this means that statements that constitute hearsay are often inadmissible. The confrontation clause does not preclude all out-of-court statements, however, as shown in […]

What is bail, and why is it required in DUI cases? Bail is a sum of money or property given as a guarantee to the court that a defendant will appear at all scheduled court dates after being released from custody. In DUI (Driving Under the Influence) cases, bail is typically set to ensure that […]

It is not uncommon for the Washington courts to issue no contact orders in domestic violence cases. When a person subject to a no contact order shares a child with the individual they are prohibited from contacting, it can make it difficult for the person to exercise their right to parent. As discussed in a […]

While some people may think of assault as a relatively minor offense, the opposite is true. In fact, in many cases, people convicted of assault crimes face lengthy prison sentences. Intervening changes in the law may allow people sentenced to substantial prison terms to challenge their sentence, though, as demonstrated in a recent Washington assault […]

Court Addresses Prosecutorial Misconduct in Tacoma Assault Cases Prosecutors are bound by a certain code of conduct in criminal proceedings. Among other things, they cannot engage in unjust behavior during trial, such as introducing improper evidence or misstating the law. Even proving that a prosecutor engaged in such acts might not be enough to overcome […]

FAQ: Immigration Concerns in Domestic Violence Criminal and Protection Order Cases Q: What are the primary concerns for non-citizens facing domestic violence charges or protection orders? A: Non-citizens main concern is the risk of deportation or exclusion from the U.S. if convicted of domestic violence crimes or if found in violation of a protection order. […]

Road rage, or driving in a reckless and aggressive manner, can lead to assault charges under Washington law. In any assault case, the prosecution bears the burden of establishing the defendant’s guilt, which among other things, means that they must prove the victim’s intent. In a recent Washington assault case, the failure to point a […]

In Washington, the courts will often issue no-contact orders in domestic violence cases. If a person subject to a no-contact order subsequently violates its terms, they may be charged with additional crimes. As discussed in a recent Washington domestic violence case, the State must offer sufficient evidence to support convictions for violating no-contact orders, and […]