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Partovi Law Blog

Man faces new charges in pipeline protest

There have been many high-profile political protests in recent months. Usually, demonstrations are a peaceful example of residents exercising their rights but at times they may result in criminal charges.

An Oregon man currently faces felony charges related to what he describes as an act of environmental protest. Prosecutors recently filed new charges against him after a jury was unable to reach a verdict in his trial.

Facing accusations of exploiting children in Washington

In Washington State, people may be aware of the difference between state law and federal law due to the difference between the two regarding certain substances. Marijuana was legalized at the state level in Washington, but this substance is still illegal at the federal level. As a result, a resident of Spokane could be facing federal charges for marijuana-related offenses despite the substance being legal -- to a certain extent -- per state law.

Another area in which people may find themselves facing federal charges is the area of computer usage. Certain activities are harshly condemned by federal prosecution, such as the exploitation of children, and a person facing these types of allegations may be in need of a federal criminal defense attorney. The criminal justice system can be extremely overwhelming, especially for those facing accusations for the first time. A skilled defense attorney can serve as a formidable ally during this confusing time.

In criminal defense, what is an 'affirmative' defense?

Facing criminal charges is a very serious situation and one that can quickly snowball out of control. A resident of Spokane could suddenly find himself or herself in dire need of a criminal defense. After speaking with a qualified criminal defense attorney, the defendant is likely to feel more at ease and begin understanding the processes of the criminal justice system.

After a person has been charged with a crime, the burden of proof is upon the state, not the defense, when it comes to demonstrating the defendant's guilt. The defense gets its turn to counter the allegations against the defendant and highlight doubts as they pertain to the alleged guilt of the accused. When defending a client, either at a criminal trial or during negotiations, a skilled defense attorney may use one or more types of defenses in order to best assert their client's rights.

Understanding the basic classifications of drug charges

Washington State has a reputation across the country for being relatively soft on drug crimes. In reality, a relatively liberal stance on marijuana does not translate into lesser penalties for other types of drug offenses. In Washington as well as in neighboring Idaho, a resident can be charged with a wide variety of drug-related charges, both related to marijuana as well as to other substances including prescription drugs.

The array of various drug charges can be confusing, especially if one has just been charged with a crime. What differentiates a drug possession charge from accusations of drug dealing to a charge of possession of drug paraphernalia? A criminal defense attorney can answer these questions and relate the assorted penalties that go along with such charges. More importantly, a criminal defense lawyer can offer invaluable legal advice following an arrest.

Woman faces vehicular homicide charge after Spokane crash

In Washington State, winters can range from relatively mild to extremely harsh. Most of the time, though, this time of year drivers are not accustomed to numerous bicyclists sharing the roads. Spokane's climate means cyclists tend to stay off the roads during the winter months. Still, both drivers and cyclists must follow the rules of the road or else face serious consequences.

Over the New Year's holiday, a woman from Mead reportedly struck a bicyclist with her vehicle. Now, that driver is facing a criminal charge: vehicular homicide. The incident occurred around 4:00 in the morning on New Year's Day, as the driver was traveling down Highway 2 near Flint Road. A bicyclist was stopped in front of the driver's car at an intersection, but media reports indicate the driver did not see the bicycle and ran into it. Tragically, the cyclist died as a result of the crash.

Restoring Washington residents' gun rights after weapons charges

Being convicted of a crime is a difficult experience for anyone in Washington or Idaho. Moving forward with one's life can be even more difficult, as a criminal record can prohibit a person from obtaining certain types of employment and even living in certain areas. For people who have been convicted of a felony, all of the above can be extremely challenging as one tries to move on in a positive manner. A Spokane criminal defense attorney experienced in weapons charges can be of assistance.

One of the areas in which many people want to move on in their lives is restoration of gun rights. In Washington, being convicted of certain types of crimes means that a person may lose their right to legally own a firearm. This area of the law is far from simple, though, and an experienced attorney can offer legal advice and explain the statutes that dictate who can and cannot legally own a firearm in Washington State.

Drug distribution to people under 18 in Washington

In Washington State, many different substances fall under the category of "controlled substances" per state law. It may be illegal to produce, sell, buy, manufacture or ingest these controlled substances. If a resident does any of the above, they may be looking at drug charges, time behind bars, stiff fines and other various penalties.

The penalties for drug offenses vary in Washington. Sometimes, a drug diversion program may be available to someone charged with a relatively minor drug offense. In any event, a person charged with a drug crime will likely want an experienced lawyer by their side as they face prosecution. One of the many drug-related offenses that a Spokane resident could be prosecuted for is drug distribution to people under the age of 18.

Anticipatory offense charges could be part of a plea negotiation

When a person has been charged with a crime, his or her defense attorney may explain the possibility of entering into a plea negotiation instead of a criminal trial. During a plea negotiation, one potential outcome is that the defendant will plead guilty, but to a lesser charge with less-severe penalties than the initial charge. At times this lesser charge will involve the following terms: attempt, solicitation and conspiracy. What do these terms mean in the Washington State criminal justice system?

According to RCW 9A.28.020, criminal attempt is defined as taking a "substantial step" towards the commission of a crime. Not surprisingly, it can be difficult to define what exactly a substantial step is, according to the courts. A skilled criminal defense lawyer can explain how the justice system defines such a step and how a defendant's particular situation relates to that definition.

Accused of kidnapping? It may be a federal crime

What most people in Spokane know about the crime of kidnapping probably comes from television and the movies. Fortunately, stranger abductions of children are not common, nor are random abductions of adults. However, the crime of kidnapping does encompass a wide variety of actions, many of which can lead to a person being faced with federal charges.

According to the Offices of the United States Attorneys, kidnapping is an offense that falls under federal jurisdiction in several different circumstances. This includes when the victim of the kidnapping is transported willingly in interstate commerce or foreign commerce. Additional scenarios that make this offense a federal crime include when the victim is a foreign official, federal officer or an internationally protected person. A person accused of kidnapping may end up in federal court if the offense occurs within special maritime or aircraft jurisdiction of the United States.

Washington woman faces second-degree murder charge

Getting arrested is usually a frightening and intimidating experience for anyone. In Spokane, a person facing formal accusations of homicide can face a litany of intimidating factors, from the thought of a lengthy and complex trial to potential police misconduct and more. Regardless of the type of criminal charge, though, a Spokane criminal defense attorney can offer invaluable strategy and advice.

In one incident in the local area, a 60-year-old woman was arrested in connection with the discovery of a body in Deer Park on November 30. The woman's ex-boyfriend, a man the same age, had been reported as missing for about a week when his lifeless form was found beneath a tarp. According to the autopsy performed on the remains, the man had a gunshot wound and had likely been deceased for several days prior to being found.