Many people are aware of the general rule that hearsay is inadmissible. Washington criminal defense attorneys know that a court may admit hearsay evidence if it meets one of a number of exceptions to that general rule. A Washington appeals court recently reviewed a case involving the excited utterance exception…
It is not uncommon for a civil protection order case to occur at the same time as a criminal case. When the issues in the cases are similar or related, the defendant’s Fifth Amendment rights can be implicated. Washington civil protection order attorneys understand that a defendant is not automatically…
Washington DUI defense attorneys often have to fight vigorously to ensure they get information from the State. In DUI cases, the State sometimes fails to name the toxicologist who will testify until very close to the trial. In one particularly egregious case, the prosecution provided a list of potential witnesses…
Child care is often a contentious issue in Washington family law cases. A parent may object to the child care arrangements made by the other parent, not want a specific person to watch the child, or want the opportunity to take the child when the other parent is unavailable. Sometimes,…
The Washington Constitution protects people from unlawful searches and seizures. Article 1, section 7 has been interpreted by Washington courts to prohibit police from requesting identification of a passenger unless there is an independent basis for the request. An independent basis exists if the officer can identify specific and articulable…
The court must distribute the assets in a divorce if the couple does not reach an agreement as to distribution. Certain property may be considered separate property. In Washington, an asset is separate property if it is either acquired before the marriage, acquired during the marriage by gift or inheritance,…
Personal injury cases are subject to a statute of limitations, and if the injured person does not bring a lawsuit prior to its expiration, he or she will be time-barred from doing so. Washington car accident attorneys know that Washington law is a little more complicated than other states on…
A jury must base its decision on the evidence before the court and may not consider evidence outside the record. While courts do their best to ensure that juries are properly instructed and not exposed to outside information, jurors still sometimes consider extrinsic information in robbery and other theft cases. …
The modification of a Washington parenting plan over the other parent’s objection can be difficult. In fact, there is a presumption against it. Washington child custody attorneys know that Washington courts have recognized that children have a strong interest in finality in their living arrangements. Courts will not disturb the…
Washington defendants are entitled to a unanimous jury verdict. Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges. If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the…