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,…
Often, after a divorce or break-up, one parent may wish to relocate. Relocation of a child under a Washington custody order is governed by the child relocation act (“CRA”). A parent with shared custody must notify the other parent when they wish to relocate. If the other parent objects, the…
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…
On February 4, 2025, the Department of Education issued a “Dear Colleague” letter stating that it will enforce Title IX pursuant to the 2020 Title IX Rule instead of the 2024 Title IX Rule. “Dear Colleague” letters are used by the Department of Education and other agencies to provide guidance…
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…
Washington civil protection order proceedings are sometimes related to family law issues. In a recent case, a mother appealed a court’s denial of a second protection order after her divorce. According to the appeals court’s unpublished opinion, the father had repeatedly assaulted the mother during her pregnancy with their child. …
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 federal court in the Eastern District of Kentucky recently issued an order vacating the 2024 Title IX Final Rule. The court concluded the Department of Education (“Department”) exceeded its statutory authority with the Final Rule. According to the court’s opinion, the Department cited the case of Bostock v. Clayton…
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,…