Top Things To Know About Boating In Washington State February 9, 2017 As a criminal defense attorney who has been practicing in the area for almost twenty-five years – and having lived on Lake Sammamish for seventeen years as an avid wake surfer – I am regularly asked by friends and neighbors about boating statutes, rules and regulations. With a sunny and hot summer approaching I can… Read More
The Police Coerced A Statement From Me; Can It Be Used In Court? October 25, 2016 The Fifth Amendment to the United States Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” This phrasal component of the Fifth Amendment gives rise to the “right to remain silent,” which has become an integral part of Miranda warnings given to arrestees. Miranda warnings… Read More
Where Am I Entitled To A Reasonable Expectation Of Privacy? October 20, 2016 A person is entitled to a reasonable expectation of privacy within his own place of residence, among other places. Courts are extremely protective of the home along with the privacy citizens are entitled to therein. For the government to intrude into the inner sanctum of the domicile, one of three things is required: a warrant… Read More
I Defended Myself From A Mugging; Now I Am Charged With A Crime October 15, 2016 In each of the 50 states, legal provisions are in place to allow citizens to defend themselves from unlawful attack by another. Self-defense is a legal right derived from the body of natural law upon which constitutional rights are based, but it comes with strict caveats. This subject area is endless with possibilities, nuances, and… Read More
Police Discretion in Arrest and Citation October 10, 2016 Police responding to a scene of reported criminal activity or responding in observance of in-view criminal activity are empowered with a measure of discretion in choosing whether to arrest or cite in response to criminal activity. In other words, police are not necessarily bound with the absolute mandate to arrest or write a ticket to… Read More
What is a Requisite Mental State for a Criminal Charge in Washington? October 3, 2016 Criminal charges contain elements. These elements are conditions that, in part, define prohibited behavior and must be satisfied in order for charges to lead to a conviction for any given set of actions carried out by a citizen. In other words, an element is a subcomponent of a criminal offense, and each element must be… Read More
Identifying Accused Criminals September 28, 2016 When a crime occurs, police become informed by citizens who call either 911 for emergencies, recently committed crimes, and crimes in progress, or who call non-emergency police numbers for cold crimes. When calls are received, trained police dispatchers gather information from the caller. When a crime is in progress or recently committed, dispatchers will ask… Read More
Criminal Driving Offenses September 22, 2016 Most people realize that while driving a car, failure to comply with traffic laws carries a risk of being pulled over and issued a citation. Receiving a traffic ticket is usually a minor event that involve less than two hundred dollars and possibly traffic school to prevent a conviction on one’s record. However, some do… Read More
Zero-Tolerance Policies September 18, 2016 Each of the 50 states has either statutes or common law rules providing that a person has the right to defend himself from unlawful attack by another. This is a reflection of the understanding of natural law which dictates that all people have the right to be secure in their persons and be free from… Read More
A Defendant’s Right to Counsel September 14, 2016 Each of the 50 states is empowered to create rights in excess of those already in place and guaranteed by the constitution, and which the United States Supreme Court does not recognize. Where to these rights come from, anyway? As the name implies, constitutional rights are derived from the United States Constitution and all of… Read More