In State v. Blake in 2021, the Washington Supreme Court determined that Washington’s strict liability drug statute violated due process because it “criminalize[d] innocent and passive possession.” This case has had a tremendous impact on Washington drug possession cases. A Washington criminal conviction that is based on an unconstitutional statute…
Community supervision and probation are often preferable to confinement, but some people can find it difficult to comply with their times at times. Additionally, the requirements for the state to prove a violation of such terms do not require the same level of proof as would be required for new…
Juvenile cases are sometimes transferred to adult criminal court. The requirements regarding a court holding a hearing on the issue of declining jurisdiction are set forth in RCW 13.40.110. An appeals court recently considered whether Washington juvenile court jurisdiction could be waived for any type of case, or if the…
Washington juvenile courts may impose “local sanctions” for certain low level offenses committed by a juvenile offender. Local sanctions include up to 30 days confinement, up to 12 months community supervision, up to 150 hours community restitution, or up to a $500 fine. RCW 13.40.020(18). The juvenile court may impose…
Parents in Washington want to do what they can to protect their children from harassment. A parent may petition on their child’s behalf for an anti-harassment protection order. A parent’s ability to seek a protection order against another child, however, is more limited. In such cases, the other child must…
The Fourth Amendment to the U.S. Constitution protects individuals from warrantless searches by the government, but does not generally apply to the actions of a private person. It can apply, however, if the private person is acting as a government agent. Courts consider whether the government knew of and agreed…
Juvenile defendants may have the option of “deferred disposition.” In a deferred disposition, the defendant does not contest the state’s facts. If the court finds the statement of uncontested facts is sufficient, it finds the defendant guilty. Disposition, however, is deferred pending satisfaction of the conditions ordered by the court. …
After the U.S. Supreme Court determined that mandatory life sentences without the possibility of parole for juveniles was unconstitutional, the state of Washington enacted a statute requiring the re-sentencing of Washington criminal defendants who had been sentenced to life without the possibility of parole for crimes committed while they were…
A charge of harassment can punish speech, raising First Amendment issues. When the state charges a person with harassment under Washington criminal law, it has to prove the defendant’s statements were not protected speech. One way to do this is to show that the words constituted a “true threat.” A…
The Fifth Amendment to the US Constitution protects individuals from being forced to incriminate themselves. Before interrogating a person in custody, the police have to tell them of their right to remain silent and that what they say could be used against them. The police must also advise them of…