In a Washington criminal case, the court must generally impose a sentence within the standard sentence range. RCW 9.94A.505. In some circumstances, however, the court may deviate from the standard range. These exceptions include exceptional sentences, first-time offender waivers, and Drug Offender Sentencing Alternative (DOSA). DOSA allows a reduced sentence,…
Washington Juvenile Courts are subject to their own rules, which may be different from the rules and procedures that apply to a criminal trial of an adult. A juvenile being tried in a juvenile court does not have a right to a jury. RCW 13.04.021. The case is instead heard…
Custody issues can get complicated when one parent wants to move. There is a presumption that relocation by the custodial parent will be permitted, but the non-custodial parent has the right to object. Things are not so straightforward, however, when the parents share custody equally. A father recently appealed a…
Washington civil protection orders are available to protect individuals from contact by someone who has harassed, threatened, or assaulted them. Washington has several types of protection orders that may apply in various situations, including an anti-harassment protection order. An anti-harassment protection order may be issued against a person who has…
Restitution is a concept in criminal law that requires an offender to compensate crime victims for their losses. It is designed to both punish the offender and compensate the victim. In a Washington criminal case, restitution is to be ordered when the defendant is convicted of an offense that results…
The plaintiff in a negligence case generally must prove all four elements of negligence. In some rare cases, however, a Washington personal injury defendant may not have to prove the negligence elements based on the doctrine of res ipsa loquitur. Res ipsa loquitur is a doctrine that allows plaintiffs to…
The Department of Corrections (DOC) has a duty to supervise offenders who are released on supervised probation. The DOC is generally not liable for Washington personal injuries caused by a probationer, unless it acts with gross negligence in supervising him or her. To show gross negligence, a plaintiff must show…
Washington criminal defendants are entitled to a fair trial. In some cases, prosecutors may seek to introduce irrelevant and inflammatory evidence that tends to prejudice the jury. Domestic violence and civil protection order violation cases can be particularly vulnerable to prejudice. In some cases, a prosecutor’s misconduct may lead to…
Sometimes a criminal defendant is not competent to stand trial. Washington criminal law sets out procedures for competency evaluations and restorative treatment. Unfortunately, there are not always sufficient resources for these procedures to timely occur. This lack of resources does not justify holding defendants in jail for excessive amounts of…
Child support can be a very contentious issue. When parents share residential time equally, one parent may feel that he or she should not be responsible for child support. Under Washington family law, however, a court does not have to offset one parent’s basic child support obligation against the other…