Washington Criminal Defense

Marijuana Arrests in Seattle Are On The Rise

Aaron — Wed, 07 Jul 2010 16:22:18 +0000

Marijuana arrests in Seattle are up, according to todays Seattle Stranger article. The article provides some background on arrests over the last few year and as well as some probing questions. So far, it appears that our City Attorney is standing by his commitment not to prosecute. So why are we seeing continued arrests?

We have seen an increasing number of Medical Marijuana arrests throughout the State. These calls are coming in every week. Invariably, the police claim that the patients could have faked the doctor’s authorization and the police arrest and charge the person. Only until we move forward in court, does the case get dismissed. This is a tremendous waste of time, money and limited resources for both the State and the patients who use Medical Marijuana. You can read the full article from the Stranger here.

Going After the Discovery

Aaron — Thu, 22 Apr 2010 22:21:26 +0000

Seattle PI posted today on a young man with some unique expertise. He was able to track down some “alleged” discovery violation over at the Prosecutor’s Office. This is an interesting case for the Defense Bar and will definitely enlighten our future discovery requests. You can read the full article here.

For DUI Lawyers

Aaron — Thu, 18 Mar 2010 00:45:34 +0000

Standardized Field Sobriety Testing Certification Student Course (NHTSA Course)

April 30, May 1 & 2, 2010

Presented by Lance Platt, Ph.D. and Valdez Malcolm PLLC

This training course will certify the attendee in the most current NHTSA approved SFST training curriculum. This is the same NHTSA SFST training course that law enforcement officers are trained in nationwide and testify to in court. The course is open to any student who wants to learn more about the NHTSA approved standardized field sobriety testing and its foundation.

This course will train the legal professional in: Perspectives on recognizing driving behavior exhibited by impaired drivers; Attitudes and skills in detecting the impaired driver; Understanding the tasks and decisions involved in identifying the intoxicated driver; The DWI detection process (vehicle in motion, personal contact, pre-arrest screening); Effects of DWI enforcement; DWI enforcement and the three standardized field sobriety tests (Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand); Typical clues of alcohol intoxication; Divided attention testing and the NHTSA standardized field sobriety testing administrative and scoring protocols; SFST validation studies; Live alcohol workshop and demonstrations of different types of nystagmus will be displayed and observed.

If you would like to attend this invaluable training course please contact Diane Klebenow to register. 979-846-3950 or diane@plattandassoicates.org

This seminar fills up quickly and space is limited! Please contact Karlie Valdez with questions. 206-718-4498 or karlie@valdezmalcolm.com

The Westin Bellevue

600 Bellevue Way N.E.

Bellevue, WA 98004 Cost: $750.00 per student / $500.00 for public defenders

Course Includes:

Current NHTSA SFST student manual (hardcopy) CD containing all past NHTSA SFST manuals and complete SFST validation studies

This course is not offered in Washington every year so DO NOT MISS THIS OPPORTUNITY!

DOC and the Tangled Web

Aaron — Mon, 15 Feb 2010 21:39:31 +0000

An excellent review of the situation revolving around Kathy Parkins and some well drafted public disclosure requests has been posted on Horseass.org.

Rather than delve into this matter myself, I will leave it in the able hands of Lee. You can read the full article here.

New Washington State Criminal Law Blog

Aaron — Sat, 30 Jan 2010 18:34:31 +0000

I wanted to take a moment today and give a plug to Graham Law Blog. This is a fantastic example of what legal blogging is all about. Steve Graham follows not only the hot legal topics in Washington State but also the cases and topics in and around Eastern Washington (often ignored by the West side lawyers). Steve is a Spokane Criminal Defense Lawyer, but he practices throughout Washington State. I am not sure if Steve was gifted with two extra arms or he is just passionate about Criminal Defense. Either way, it is a great blog. Take a moment to swing by and visit.

Washington State Patrol ordered to return 9 ounces of MMJ

Aaron — Tue, 22 Dec 2009 19:20:21 +0000

From the CDC:

Last Tuesday, a King County judge ordered the Washington State Patrol to
return 9 ounces of medical marijuana to authorized patient Scott Verner.
During a routine traffic stop, a state trooper smelled and seized Mr.
Verner’s cannabis, even though he showed his medical marijuana paperwork
to the officer as required by law. The trooper told Mr. Verner that he was
allowed to use medical marijuana, but not to transport it via automobile.

Congratulations to Aaron Pelley, the attorney on the Verner
case. Aaron made the news last September after winning the return of over
eleven pounds of medical marijuana from the Kent Police.

Undereducated and misinformed law enforcement routinely offer erroneous
legal analyses when arresting medical marijuana patients. Hearing cops say
“I know the law” then proceed to egregiously misquote the law serves only
to increase the sense of fear and helplessness felt by Washington State
medical marijuana patients. The night (or more) in jail only adds to that.

Verner v. King County is the first case in the CDC’s Medical Marijuana
Reclamation Project to be argued in court. Our goal with this project is
to correctly inform errant law enforcement agencies about Washington’s
voter-approved medical marijuana law. If you know of a medical marijuana
patient whose medical marijuana was falsely seized, have them contact us
at info@cdc.coop or 888-208-5332.

City Council Votes for Reclassification

Aaron — Thu, 17 Dec 2009 20:54:18 +0000

Courtesy of Alison Holcomb (Drug Policy Project) of the ACLU:
Yesterday, the Seattle City Council voted unanimously to pass Resolution 31174, which sets the 2010 state legislative agenda for the city. The agenda includes support of SB 5615 and HB 1177, the bills introduced by Sen. Jeanne Kohl-Welles and Rep. Dave Upthegrove that would reclassify adult possession of marijuana from a crime carrying mandatory jail time to a civil infraction imposing a $100 fine payable by mail, similar to a parking ticket:

“In addition, we support reclassifying possession of small amounts of marijuana from a
misdemeanor to a civil infraction.”

The full text of the resolution can be viewed here. The relevant language appears in the “Law & Criminal Justice” section.

The video of yesterday’s Full Council meeting can be viewed here. The discussion of Resolution 31174 begins at 66:08; the vote takes place at 75:53.

Services to Residents Without Citizenship Protected

Aaron — Wed, 11 Nov 2009 01:33:49 +0000

King County codified a new ordinance to protect against racial profiling of those people without citizenship seeking public services. The decision was inspired by a policy in the King County Sheriff’s Department. Congratulations to Council members Gossett, Dow Constantine, Bob Ferguson, Julia Patterson and Larry Phillips for standing up for the right thing. You can read more from Seattle PI here.

Lynnwood DUI Lawyer

Aaron — Thu, 01 Oct 2009 20:23:25 +0000

Jonathan Dichter is the Managing Partner at Dichter Law firm and he is one of the brightest and talented lawyers in Snohomish County. I have had the honor to know him for a number of years as a fellow lawyer and relied on his advice for several matters. He is a charismatic and eloquent trial lawyer – with exceptional skill and knowledge. If you need Lynnwood DUI Lawyer that is dedicated to the advancement of tenacious defense strategies you can end your search with him.

Mr Dichter also helms the SnoCo DUI Blog. Mr. Dichter draws from a wide range of legal topics that include recent changes in DUI law. I encourage you to drop by his blog and say hello.

Collateral Consequences

Aaron — Tue, 29 Sep 2009 00:34:53 +0000

One of the things you should consider when you are dealing with a DUI case is the collateral consequence of a plea. Many times DUI lawyers will discuss the licensing, insurance and financial matters. However, it is important that you also consider the travel consequences. Recently the PI explored the issues surrounding traveling to Canada:

In Washington state, driving under the influence is a gross misdemeanor. It’s a felony in the Great White North. Under its laws, Canada can bar visitors if they’ve been involved in criminal activity. And it does…There are three ways to get admitted into Canada once you’ve been convicted of a DUI. But you have to be prepared for lots of hassles, paperwork, fees and months of waiting for the Canadian bureaucracy to process your application.