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…
Washington criminal case law has established that defendants are entitled to be free of shackles at trial, unless there are extraordinary circumstances. Restraints may affect a number of constitutional rights, including the presumption of innocence, the right to testify, and the right to consult with counsel. Trial courts do, however,…
The new Title IX regulations will afford students accused of sexual harassment or sexual misconduct some due process protections. Those regulations are being challenged, and even when they take effect, schools may not fully follow them. Students in Washington State who are not aware of their rights may waive them…
When parents separate, there often comes a time when one of them wants to move. Relocation can cause issues with co-parenting. Under Washington family law, when a custodial parent wants to move with the child, there is a rebuttable presumption the move will be allowed. The other parent may rebut…
In a Washington criminal case, the state must prove all of the elements of the crime. In a recent case, a defendant challenged her conviction for second degree organized retail theft, arguing that the state had not shown that she obtained goods from a “mercantile establishment” when the alleged crime…
Article I, section 7 of the Washington State Constitution provides individuals a privacy right that is greater than the protection provided by the Fourth Amendment to the U.S. Constitution. A search occurs under article I, section 7, when the government disturbs a citizen’s privacy interests that the citizen should be…
Washington family law recognizes the Committed Intimate Relationship (CIR) doctrine, which was judicially created to resolve the property distribution issues of unmarried couples who had acquired property that would have been community property if they had been married. If a court determines there was a CIR, the court must make…
Under both the Washington and U.S. Constitutions, warrantless seizures are generally prohibited. Police may, however, briefly stop and question a person if the officer has a well-founded suspicion the person was connected to actual or potential criminal activity. The suspicion must be based on objective facts. This type of stop…
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…
Under Washington family law, spousal maintenance may generally only be modified upon a “substantial change in circumstances.” RCW 26.09.170. In considering whether a substantial change has occurred, the court should consider the spouse’s ability to pay in relation to the other spouse’s financial need. A substantial change must not have…