According to The Seattle Times, as of November 2, 2008, a 60 day supply of medical marijuana will be considered 24 ounces of usable marijuana plus 15 plants. In 1998, Washington voters approved Initiative 692 legalizing a 60 day supply of marijuana for medicinal purposes. According to RCW 69.51A.010, qualifying patients for medical marijuana use must be at least 18 years of age, a Washington resident, have been diagnosed by a physician as having a terminal or debilitating medical condition, advised by that physician regarding the risks and benefits of using medical marijuana, and advised by that physician that he or she may benefit from the use of medical marijuana. However, the 60 day supply authorized by Initiative 692 was not made clear and has been a source of confusion for law enforcement and patients ever since.
Archive for the 'Criminal law' Category
King County Prosecuting Attorney Dan Satterberg announced on September 25, 2008 that some felony level drug, property, and ID theft charges will be diverted from Superior Court to district and municipal courts due to budget cuts. Defendants will be charged with misdemeanors, with sentences up to 1 year in jail and fines up to $5000 instead of felonies with the possibility of years in prison and higher fines.
In a series titled “American Exception” The New York Times examines the American exclusionary rule in “Should Suspects Go Free When Police Blunder?” The exclusionary rule was originally outlined by the United States Supreme Court in Mapp v. Ohio, 367 U.S. 643 (1961) and mandates suppression of evidence in certain instances when police violate a suspect’s constitutional rights.
The United States Supreme Court is scheduled to consider the case of Bennie Dean Herring of Birmingham, Alabama on October 7, 2008. The Court will consider whether drugs and a gun should have been suppressed where police mistakenly searched Mr. Herring after believing he had an outstanding arrest warrant due to poor record-keeping at another police department.
If you are caught with drugs, police can seize your personal property under civil forfeiture law and can keep it if it can be linked to drug activity. Police will seize anything they think could possibly be linked to drug activity, especially any cash they find, computers, your car, expensive electronics equipment, even the house that you live in. NPR has a great article about police tactics in asset forfeiture.
You have the right to a hearing before your personal property is forfeited. You have to act quickly if your personal property is seized after an arrest where drugs are found. You have to request a hearing within a certain amount of days from the time of the seizure or your personal property will not be returned and you will not have a hearing.
An experienced criminal defense attorney can assist with requesting a hearing and ensuring that your rights are protected and that any property not linked to drug activity is returned.
Coming this January, you can keep your license after a DUI arrest if you agree to have an ignition interlock device in your car. Governor Christine Gregoire signed House Bill 3254 into law in April. While the new section creating the “Ignition Interlock Driver’s license” went into effect today, June 12, 2008, the rest of the changes won’t be effective until January 1, 2009.
After notification that your license will be suspended for a DUI, you will be able to apply to the Washington State Department of Licensing (DOL) for an Ignition Interlock Driver’s License for the period of the suspension. You will have to submit an application fee of $100, show that you have installed an operating ignition interlock device in your vehicle, and file proof that you have current SR-22 insurance. You will also have to agree to waive your right to a hearing to challenge the driver’s license suspension.
This is a big change in the law and will allow many people to keep working and supporting themselves and their families immediately after a DUI arrest. Currently, only an Occupational/Restricted License is available as an option after your license is suspended. But, it is not available to everyone and there can be a waiting period of up to 3 months. Also, you have to get your employer or other qualified person to certify that you need to drive.
Consult with an experienced criminal defense attorney if you have questions about whether you qualify now for an Occupational/Restricted License or how to get your license back after it was suspended for a DUI.
Well, the short answer is: it depends.
If you took a breathalyzer test when you were arrested for DUI, the police officer will forward the results of the breath test to the prosecuting attorney. The prosecuting attorney will review your case and make a determination whether to charge you with DUI or a lesser charge. The prosecuting attorney will then file your case with the court that has jurisdiction. This will depend on which officer arrested you and where you were arrested. For example, if you were stopped by a Washington State Trooper for DUI in King County, then your case will be filed in a King County District Court. If you were stopped by a Seattle Police Officer for DUI in the City of Seattle, then your case will be filed in the Seattle Municipal Court.
Recently, some courts have been refusing to allow the prosecutors to use the breath tests in court because of mistakes made by the Washington State Toxicology Laboratory, the agency responsible for breath testing.
King County District Court judges are refusing breath tests until the tox lab can prove that all of the errors have been corrected at the tox lab.
A few Seattle Municipal Court judges are refusing to allow breath tests up to a certain date when they feel the problems were corrected.
Some Snohomish County District Court judges are also refusing to allow some breath tests up to a certain date.
Some prosecutors are also just agreeing not to try to present the breath test evidence to the jury.
You should consult with an attorney experienced in DUI defense for more specific information for your case.