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Get Up, Stand up: VOTE!

Vote - Seattle Criminal Lawyer Blog

image by Personalincome.org

Finally. I found a way to be able to talk about this crazy election. I’ve been dying to, but I haven’t been able to. You see, the problem is that I try to stay neutral here, and the fact is that it’s virtually impossible these days to say one word about anything online without being accused of being partial to one side or the other.

I mean, even when I write about the “God of All Things Conservative” for the past few decades, Antonin Scalia, and say what a great writer he was, or how sweet it was that he was able to be BFF’s with Ruth Bader Ginsburg, or how much I loved to read his opinions, or how important some of his opinions were, (e.g. masterpieces like Crawford or Blakely or Johnson), along comes my Marine Colonel brother in law describing my blog as “left leaning” (sorry Chris, but I owed you that.)

One of the fundamental rules of blogging for me is trying to stay neutral. Except that I do not know a single person who is neutral about this election. That’s the first time in my adult life that has happened – which got me thinking. Thinking about what the heck is going to happen once we get to the actual election. Of course, I’ve been wondering that for months.

I have finally found a very obvious framework to analyze this all in a legally oriented way that works. And if anyone calls it “left leaning” I give up. That would be hopeless. But there is hope.

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Evolution of Search and Seizure Law: Blood Draws in DUI (Part 1)

search and seizure - blood drawsAny warrantless search or seizure is presumed unlawful aside from a few jealously guarded exceptions. Traditional exceptions include but are not limited to (1) consent; (2) incident to arrest; (3) hot pursuit; and (4) exigent circumstances.

Exigent circumstances concern situations where there is an emergency where obtaining a warrant is impossible or impracticable. Exigent circumstances may exist where there is a risk of immediate destruction of evidence or imminent danger of substantial injury where police must act quickly and have no time to get a warrant.

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Another False Accusation Bites the Dust

false accusation - Conor OberstWell, go figure. I really did not intend to focus so much on sex crimes right now, but things happen. Like the woman who has been defaming and falsely accusing one of my favorite young musician/songwriters, Conor Oberst (aka Bright Eyes), suddenly retracting her previous lies about the poor guy. (BTW, notice how the aka makes him sound like a criminal if you don’t know him? This is why prosecutors love to pile on the AKA’s when they file charges. It just sounds bad.)

Turns out, the woman was making stuff up. In her retraction, Joan Elizabeth Harris aka Joanie Faircloth states that she fabricated on-line accusations of being sexually assaulted by the musician ten years ago. The false accusation had been published in the comments section of an XO Jane article in December of 2013, where they quickly spread on Tumblr. But not before the lies had damaged his career.

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What if you are Accused of Committing a Sex Crime?

Accused of a Sex Crime

What if I am Accused of a Sex Crime?

First of all, take the Fifth.* Remain silent and get a lawyer.

Second, understand this: sex crimes are tough. Sex crimes are simultaneously the most heinous crimes to be accused of committing, the hardest crimes to disprove once you are accused, but also the easiest crimes to falsely accuse (and convict) an innocent person of committing.

This article is my follow up to previous posts where I said that it does not matter whether or not you committed a crime when I represent you, with two possible exceptions: Sex crimes and crimes involving substance abuse.

There are several reasons that it matters whether you are guilty of a sex crime when you are confronting the legal system in Washington State. The two primary reasons have to do with proof and sentence options. Let me explain.

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Legal Marijuana in Seattle

Marijuana

I’m kind of in a state of shock.

Not because only legal pot store in Seattle, Cannabis City, on its Opening Day. No. I’m in a state of shock because the local Pete Holmes, being fourth in line when the store opened at noon Tuesday.

We’ve come a long way, baby.

You see, it doesn’t really matter where you stand on the legalization of marijuana issue. Some say it’s like D Day. To others it’s more like Pearl Harbor. It matters not. The fact is that, legally speaking, this was an historic day in the history of Washington State.

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