Both the Washington Constitution and the Sixth Amendment to the U.S. Constitution give a criminal defendant the right to confront the witnesses against them. Testimonial statements of a witness who did not appear at trial are only permitted if the witness was unavailable and the defendant had previously had the…
In some circumstances, a person charged with a Washington misdemeanor or gross misdemeanor may petition for deferred prosecution. Deferred prosecution can be an alternative to punishment for individuals who would benefit from treatment. The individual generally must cooperate with and complete the treatment program. A Washington appeals court recently considered…
A Washington juvenile adjudication of guilt can have lifelong consequences. Current Washington law limits the types of adjudications that can be included in calculating an offender score for a subsequent sentencing, but until recently, other non-violent juvenile adjudications could also affect an offender score. In a recent case, the state…
A defendant recently challenged his convictions for possession with intent to deliver methamphetamine, use of drug paraphernalia, and unlawful possession of a firearm in the second degree (“UPF”). The convictions arose from a traffic stop, which the defendant argued was pretextual. He also challenged his UPF conviction on constitutional grounds.…
Generally, the state can bring multiple charges arising from the same conduct in one proceeding, but double jeopardy protections under both the U.S. and Washington Constitutions protect a Washington criminal defendant from multiple punishments for the same offense. If a defendant is charged under different statutes for the same act,…
Pursuant to CrR 8.3(a), a Washington trial court may dismiss an indictment, information, or complaint upon motion of the prosecutor. Pursuant to CrR 8.3(b), the court may dismiss a prosecution because of governmental misconduct or arbitrary action if the defendant’s rights have been prejudiced, materially affecting his right to a…
The Department of Labor and Industries (“L&I”) administers the Crime Victims Compensation Program. Generally, the court must order restitution in Washington criminal cases where the victim is entitled to benefits pursuant to the crime victims’ compensation act (“CVCA”) as set forth in chapter 7.68 RCW. If the court has not…
Sentences for certain Washington criminal offenses may include community custody. The specific conditions of a defendant’s community custody depend on the offense for which the defendant was convicted. In some circumstances, certain community custody conditions are mandatory, some may be waived by the court, and others are discretionary. In a…
Pursuant to State v. Houston-Sconiers, a trial court must consider the mitigating qualities of a juvenile offender’s youth in sentencing a juvenile in a Washington criminal case. The court has discretion to impose a sentence below the standard range in juvenile cases. In a recent case, a juvenile defendant challenged…
A court may only impose a sentence above the standard range in a Washington criminal case if it finds substantial and compelling reasons that justify it. This finding must be based on specific aggravating circumstances that have been determined beyond a reasonable doubt by the jury. In drug trafficking cases,…