As a DUI lawyer, I consult with a lot of people. Through the years, I’ve heard the same questions over and over. Because prospective clients often don’t know these keys concepts about a DUI case, I thought it would be helpful to write an article about the five most important things to keep in mind if you are ever facing a DUI investigation or case.
A DUI in Washington State is a very serious criminal offense that carries with it jail time, financial penalties and loss of driving privileges. Learn more about the 5 major consequences of a DUI.
Criminal Fines and Fees Can Leave You Down and Out
In the recent case of State v. Blazina, the Supreme Court of Washington considered whether legal financial obligations assessed against two criminal defendants were properly imposed. RCW 10.01.160(3) states that courts cannot order defendants to pay criminal court costs unless the defendant is or will be able to pay them. Courts are required to consider a defendant’s financial resources and the burden that payment of costs will impose on a defendant before they can be assessed. Read more
can i get a new public defender?
It is not uncommon to get a court-appointed attorney that you either don’t like or have difficulty working with. Many people wonder whether they can get a new public defender if they are not satisfied with their current attorney. Criminal defendants enjoy a right to choose their counsel, but that right is not without some limitations. Much depends on whether your chosen attorney is privately hired or appointed by the court, and there may be other concerns that can limit your right to change your lawyer. Read more
prosecutor obligations for plea deals with exceptional sentences
When a criminal defendant and a prosecutor reach a plea deal, what can the prosecutor argue at sentencing? Because plea deals are like contracts, they bind the parties to honor the agreement. So, what can a prosecutor say to the judge without violating the terms of the agreement? Read more
Who says ‘The show must go on’? At least in Washington courts, an absent defendant can be tried and convicted. This week in State v. Thurlby No. 91220-3, the Supreme Court of Washington decided that a defendant in a felony drug case waived her right to be present at her own trial and conviction when she failed to show up for the last day of her trial. Read more
How are search warrants handled in child pornography cases?
Today, In State v. Besola/State v. Swenson, No. 90554-1, the Supreme Court of Washington considered whether a search warrant in a child pornography case was specific enough in what items it instructed the police to seize. Ultimately, the Court decided that the warrant was unconstitutionally overbroad and ordered that the evidence that it led to was inadmissible at trial. Read more
