Fines, fees, and penalties can add up and result in a significant financial impact on criminal defendants and their families. These legal financial obligations can be particularly burdensome when imposed on juvenile offenders, who in some cases may be too young to work and who often come from low-income families. …
Young siblings sometimes scuffle, but they usually are not charged with a Washington crime as a result. A teenager recently challenged a guilty adjudication for fourth degree assault arising from an altercation with his younger sister. According to the appeals court’s opinion, which relied primarily on the juvenile court’s unchallenged…
A Washington criminal defendant can raise a self-defense claim by offering some evidence that their actions occurred in circumstances of self-defense. Once the defendant meets this low burden, the burden shifts to the state to prove, beyond a reasonable doubt, the absence of self-defense. According to the appeals court’s opinion,…
Washington self-defense is an affirmative defense. A person may lawfully use force when they are about to be injured to prevent or try to prevent an offense against their person, when the force used is not more than necessary. RCW 9A.16.020(3). Force is necessary when there does not appear to…
A Washington juvenile record may be sealed if certain circumstances are met. The court schedules an administrative sealing hearing at the disposition hearing, if the juvenile is eligible. The hearing is to occur after the last of the following: the juvenile’s 18th birthday, the anticipated end of the juvenile’s probation,…
Washington second degree criminal trespass is a misdemeanor. To convict a person of second degree criminal trespass, the state must show that they knowingly entered or remained unlawfully on someone else’s property. A juvenile recently challenged a guilty adjudication for second degree criminal trespass, arguing there was insufficient evidence that…
In a Washington deferred disposition in a juvenile case, the juvenile stipulates to the admissibility of the facts in the police report, acknowledges the report will be entered a used to support a finding of guilt and impose disposition if they do not comply with the terms of supervision, waive…
Washington criminal defendants have the right for the jury to be instructed on applicable lesser-included crimes if each of the elements of the lesser offense is a necessary element of the charged offense and the evidence supports an inference the lesser crime was committed instead of the greater offense. There…
Pursuant to RCW 43.43.754, individuals convicted of certain crimes and juvenile offenses in Washington must give a DNA sample. Two juveniles recently challenged separate court orders requiring them to give DNA samples after they were granted deferred disposition. Each of the juveniles was charged with theft of a motor vehicle…
The value of property can affect the degree and seriousness of a Washington theft crime. In a recent unpublished case, a juvenile challenged his second degree theft conviction, arguing the trial court had used the wrong methodology for determining the value of the property. A deputy testified he met with…