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Jacquelyn Smith

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Washington Marijuana Laws: What You Need to Know

By Jacquelyn Smith / 30/09/2018

Even though recreational marijuana was made legal in the state of Washington, there are still some restrictions. It should be noted that the lawmakers of Washington are still trying to figure out how to safely implement these new rules. So in a sense, marijuana is technically still against the law. Here’s what you need to […]

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What to look for in a Public Defender

By Jacquelyn Smith / 03/03/2018

The American Bar Association (ABA) is conducting seminars and has published a handbook that addresses what to look for in a “public defense delivery system.” Among the ABA’S ten principles of a public defense system is that “defense counsel is provided sufficient time and a confidential space within which to meet their client.” Unfortunately, many municipalities […]

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Proper advisements at arraignments

By Jacquelyn Smith / 25/02/2018

In July Humberto Leal Garcia, jr was executed in Texas. Mr. Leal was a Mexican citizen and during his detention he was not advised he may contact consular officials.  In 2004 the International Court of Justice found that foreigners detained abroad had a right under the Vienna Convention to be told they could contact their […]

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Jury Selection and a Winning Case

By Jacquelyn Smith / 18/02/2018

Less than 3 weeks ago went to trial on a Class A Felony case. My client was charged with Burglary in the First Degree. During jury selection one of the potential jurors volunteered she had been a victim of a residential burglary and she thought she could not give my client a fair shake. The […]

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Default judgments on Traffic Infractions

By Jacquelyn Smith / 10/02/2018

Although traffic tickets are civil infractions and this is a criminal law blog the fact is the lawyers that represent people on traffic tickets are frequently criminal defense attorneys.  In any event, in preparing for a criminal case in Sea-Tac Municipal Court I decided to review their local court rules and STMCLR 2.4 caught […]

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Stipulated Orders of Continuances and Expungements

By Jacquelyn Smith / 01/02/2018

There is no Washington state statute that recognizes the authority of a court to enter into Stipulated Orders of Continuance (SOC). Courts of Limited Jurisdiction, unlike the Superior Courts, are not courts of equity but are courts that sole power is derived by statute–so while many courts authorize SOCs they do so with the belief that […]

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The News Tribune v. Cayce

By Jacquelyn Smith / 23/01/2018

Most coverage of the case of The News Tribune v. Cayce focused on the conduct of 2 Superior Court Judges–Judge James Cayce and Judge Michael Hecht. Judge Cayce closed a courtroom during the taking of a deposition in a criminal case in which the defendant was Judge Michael Hecht. Judge Cayce’s decision to close the courtroom prompted The […]

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Vacating your Criminal Conviction in Washington state

By Jacquelyn Smith / 15/01/2018

Is your conviction a felony or a misdemeanor? Different statutes and different courts determine whether to vacate a conviction depending on whether that conviction is a felony (see RCW 9.92.066, 9.95.240 and 9.94A .640) or a misdemeanor (RCW 9.96) or a juvenile offense. The defendant’s sentencing court is normally the court that shall hear a […]

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Photo enforcement ticket defenses

By Jacquelyn Smith / 07/01/2018

In Washington state, photo enforcement tickets do not go on a person’s driving record. Because of this fact and the amount of the fine involved it generally makes very little sense for a person to hire a lawyer for a photo enforcement ticket. It also makes no sense, if photo enforcement cameras are reliable and a […]

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Court Decisions – Michigan vs Bryant

By Jacquelyn Smith / 30/12/2017

When we look at some cases in the past and some recent ones, we can look that although there might be some things that may lead to some illegality, in general, these cases are proven to be on the right track. Of course, the defense will always point out that there have been some things […]