Code CrR 8.3(b) or CrRLJ 8.3(b) holds the Government Accountable for Their Late Actions
As a criminal defense attorney in Vancouver, Clark County, WA that handles a wide-variety of criminal defense cases ranging from: Attempted Murder, Vehicular Homicide, Felon Strike Offenses, DUI, Domestic Violence Offenses, Sexual Assaults, Drug Offenses, Theft and other criminal defense matters. In my experience, I have seen the State prosecution do things in the late stages of moving a case to trial that puts the defense in the position of having to choose to be adequately prepared or keeping their current trial date. For some people, this can be an agonizing decision, especially if a case has been pending for quite a while.
How Prior Inconsistent Statements Can Torpedo The Prosecution's Case
As a criminal defense attorney in Vancouver, WA, who defends people accused of crimes, the evaluation and ability to discredit the evidence of the prosecution is a critically important skill that is vital to my ability to successfully defend those accused of crimes. I do not care if you have a DUI case, A Domestic Violence (DV) case, a drug case, an assault case, the quality and believability of the government’s evidence is vital to whether or not there if you have a DUI case, A Domestic Violence (DV) case, a drug case, an assault case, the quality and believability of the government’s evidence is vital to whether or not the can prove a case beyond a reasonable doubt.
Motion for Revisions Family Law - Part 3 of a 3 part series
In the case of Lyle v. Lyle, Division Three of the Washington State Court of Appeals dealt with the case of a Commissioner’s order that was revised by a Superior Court Judge. Specifically, the court reaffirmed that Superior court judges are authorized to review court commissioner decisions through a motion for revision. Although new evidence may not be considered, a judge acting on a motion for revision otherwise has plenary authority over the matter and may issue any findings or decisions that could have been entered by the commissioner.
Motion for Revisions Family Law - Part 2 of a 3 part series
It is important to know that for family law cases, the filing of a motion for revision does not stay (place on hold) the Commissioner’s order, and the order shall remain in force (effect) unless a separate motion is made to the court and an order staying the Commissioner’s order is granted by the assigned Judge or the Commissioner who signed the order. Thus, even if you don’t like the order and think it is wrong in law or fact, YOU MUST still obey it until it is stayed or the judge grants your motion for revision. If you don’t obey it you could face contempt of court sanctions, which could include fines, fees and costs and could even result in jail time in the more egregious situations.
Motion for Revisions Family Law - Part 1 of a 3 part series
In Clark County, Washington and in many other counties throughout Washington, Superior Court Commissioners handle family law matters routinely. Superior Court Commissioners are not elected judges part are judicial officers hired by the court to decide legal matters as authorized under Washington law. Washington law makes clear that Court commissioners play an important role in the Washington State court system. The commissioners help alleviate the large caseloads facing superior court judges and facilitate the efficient administration of justice. State v. Smith, 117 Wn.2d 263, 280, 814 P .2d 652 (1991).
What is "The Local Rule" Regarding Parenting Plans in Clark County Washington?
As a Divorce Lawyer, I know divorces can be one of the most emotionally draining events in a person’s life. The court ultimately has the authority to make decisions that can affect everyone involved for the rest of their lives potentially. And of all the things the court can decide in a divorce, one of the most important and contentious is a Parenting Plan, i.e. the document that evidences the court’s decision regarding the allocation of parenting time between the parties. While every case is unique, litigants still must bear in mind what is known as the Local Rule” in regard to parenting time.
The State of Washington continues to harshen consequences for drinking drivers in the state by changing the law and now making a fourth driving under the influence offense a felony in Washington state if it has occurred within the last 10 years. Prior to the change, Washington law required four misdemeanor DUI convictions over a 10-year period before the fifth offense was felony eligible. If convicted of Felony DUI, the offender would be facing a prison sentence range, even for a first offense. SB 5037-2017-18
Part 3 of 3 Regarding the Anatomy of a DUI Arrest
Field Sobriety Tests (FSTs)
This final phase before arrest, the officer typically will order the suspect out of his vehicle and offer him or her the opportunity to take “voluntary” field sobriety tests (FSTs). Now the law regarding the taking of field sobriety tests was muddled relatively recently by a June 2016 Washington State Supreme Court case that was later amended by the Washington Supreme Court in September 2016. Specifically, in State v. Mecham, 186 Wn.2d 128, 380 P.3d 414, 2016 Wash. LEXIS 695 (Wash. June 16, 2016) (the date of the original opinion) (the opinion was ordered amended in parts at State v. Mecham, 2016 Wash. LEXIS 1011 (Wash. Sept. 6, 2016))
Part 2 of 3 Regarding the Anatomy of a DUI Arrest
In the personal contact phase, law enforcement officers are making as many observations about the person as possible: Do they detect the odor of alcohol, marijuana or some other form of intoxicant on the person? Now remember, if someone is 21 years old it is not unlawful or illegal to drive after drinking, so having alcohol on your breath is not unlawful. What is unlawful is to be affected to an appreciable degree by use of alcohol, drugs or a combination of both in Washington. So evidence of use of those things (alcohol, marijuana, other intoxicants) in and of itself is not cause for DUI, but it is a link in the chain necessary to form probable cause for DUI. An experienced DUI Lawyer can help you navigate this scenario.
Part 1 of 3 Regarding the Anatomy of a DUI Arrest
Law enforcement officers are taught that the DUI arrest process is broken down into three main sections generally: 1. Vehicle in motion, 2. Personal contact with the suspect, and 3. Pre-arrest screening. Officers typically have to justify each step to move on to the next in order to ultimately justify a DUI arrest. However, there are circumstances when an officer does not need to actually observe the vehicle in motion and can still ultimately make a DUI arrest. The most common scenarios occur when a police officer interviews someone who admits to driving a vehicle, while not actually witnessing the suspect driving the vehicle and/or other people witnessed the driver driving the vehicle, etc. Now, let’s talk about each of these phases in turn, beginning with the “vehicle in motion” phase.
Nicholas "Nick" Wood - Law Office of Nicholas Wood, P.S.
Nick Wood received his J.D. in 1999 from Lewis and Clark's Northwestern School of Law in Portland, Oregon. The Law Office of Nicholas Wood, P.S. has represented clients for various criminal defense matters since 2006.