Last month, the United States Supreme Court held in a 7-2 opinion that the government is required to demonstrate a defendant charged with unlawful possession of a firearm (a) possessed a firearm and (b) the defendant knew not to possess a firearm in the prosecution of gun possession cases. Justice Breyer wrote the majority opinion for the court. Justice Samuel Alito was joined by Justice Clarence Thomas in the dissent. It should be noted, the defendant in the matter was prosecuted under a law that bars people who are in this country illegally from possessing guns. As such, it will be interesting to see how these possession cases will be litigated in the future when not prosecuted under the above referenced law. In any event, it appears knowledge will be key in the future prosecution and defense of these cases.

In Washington State the crime of Unlawful Possession of a Firearm in the First Degree is a Class B felony punishable by up to 10 years in prison and a $20,000 fine. Unlawful Possession of a Firearm in the Second Degree is a Class C felony punishable by up to 5 years in prison and a $10,000 fine. Each firearm possessed under RCW 9.41.040 is considered a separate offense.

See this recent PBS article:

https://www.pbs.org/newshour/nation/supreme-court-says-prosecutors-must-prove-that-people-knew-they-couldnt-have-guns

Washington’s criminal sentencing laws have remained the same since 1981.  However, it appears that may change in the foreseeable future.  Yes, the Sentencing Reform Act of 1981 with the assistance of the Council of State Governments Justice Sentence could look vastly different in a couple of years.  The Sentencing Guidelines Commission recently adopted a report urging lawmakers to consider two new approaches to imposing sentences in the state.  The commission consists of judges, prosecutors and defense attorneys.  It seems two options are being considered.  [Read more…]

The Oregon Supreme Court last month overturned five decades of case-law to the contrary by ruling Oregonians retain privacy interests in the garbage they leave on the curb for pick up.

Attention: As of January 1, 2019, new laws are in effect in Washington State regarding DUI Administrative Hearings with the Washington Department of Licensing. The following law changes are effective immediately.

A request for an Administrative DUI Hearing with the Department of Licensing must be postmarked within 7 days of the date of arrest, or within 7 days of the date the notice was given. If your request is not made within this time frame, you will have waived your right to a hearing. Before the new law change went into effect on January 1, 2019, the driver had 20 days to request a DUI Hearing with the Department of Licensing. The old law is now void. 20 days has been greatly reduced to 7 days to request a hearing following notice.

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