Firearm Safety May 13, 2016 Firearms are tools that, when used correctly, are invaluable in protecting oneself. Treated incorrectly, though, they can create tragedy, and give rise to both criminal and civil liability. Because of this, owners of guns must strictly adhere to safe practices when handling and storing them. No person should own or attempt to operate a firearm… Read More
I Entered the Wrong House; Now I Am Charged With Burglary May 11, 2016 Several different types of burglary offenses are chargeable according to Washington statutes. RCW 9A.52.025 provides that a “person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.” A key element in any criminal… Read More
When Can an Uncommitted Crime Be Charged as a Crime? May 5, 2016 A crime that is not actually committed might still be charged as a real crime with a penalty of live prison time or monetary fines in the State of Washington. This is not a manifestation of the futuristic fear of thought police, but rather the sanctioning of tangibly wrongful behavior. Each of the 50 United… Read More
The Police Seized Me and Took Evidence without Cause April 29, 2016 Most people understand when they are under arrest because it usually involves an explicit statement from police advising the status, restraint by handcuffs, being placed in the back of a police car, and having rights recited. However, many do not fully understand the legality of a temporary detention by police. Popular misconception has somewhat polarized… Read More
The Police Questioned Me Without Cause, Then Arrested Me April 19, 2016 Police are not allowed to detain people on mere hunches or tenuous veins of suspicion. This is because the Fourth Amendment protects the rights of citizens to be secure in their persons and homes, and not be subject to arbitrary search or seizure. It is important to understand that the Fourth Amendment does not provide absolute… Read More
The Police Did Not Read Me My Rights; Can I Automatically Get Off? April 15, 2016 Most people are aware that arrestees have certain rights, and that police often advise them of these rights at the time of arrest. Television and cinema are largely responsible for spreading this knowledge. However, movies and television shows are not scholarly sources of information, and can often be misleading and incorrect in fact. Police are… Read More
I Got a Great Deal on Some Goods; Now I Am Charged With Possessing Stolen Property April 12, 2016 It is not only the Internal Revenue Service that attempts to monitor and regulate the sale of goods, but also the police. Finding a great deal on goods such as electronics or car parts, especially those sold from a car trunk or the back of a van, can involve later charges of possessing stolen property.… Read More
A Police Officer Arrested Me Out of His Jurisdiction; Is This Legal? April 4, 2016 While police authority is usually relegated to boundaries of jurisdiction (such as the city limits of Bellevue for the Bellevue Police, for example), circumstances can expand the geographical limits of police jurisdiction and attendant authority to arrest or detain. In any case, when an offender flees and police pursuit crosses borders, the officers in pursuit… Read More
What is First Degree Assault in the State of Washington? March 30, 2016 First degree assault is defined to encompass many acts, all of which must include malicious intent. Malicious intent is a mental process possessed by an offender, out of which manifested actions are designed to produce great bodily harm or death to the victim. In other words, the offender was motivated by a mental process which… Read More
What Are The First Steps To Take If You Suspect Identity Theft? March 24, 2016 Identity theft statutes in Washington provide that “No person may knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.” Usually, the crime committed, aided, or abetted involves financial fraud subsequent to the illicit… Read More