Crime rates have fluctuated wildly during the COVID-19 pandemic.

Bellevue, WA -- (ReleaseWire) -- 06/01/2020 -- In an interview with Seattle Times, the Seattle Police Department said that crime reports declined 15 percent from late February to early March compared with last year. Sgt. Sean Whitcomb, SPD spokesperson said, "This is not surprising, considering the reduction of people out and about."

Many types of crimes decreased.

Property crimes, particularly against private residences, were down in many locations nationwide. A downturn in violent crimes was short-lived as rates of some types of crime again spiked weeks later. The rates of violent crimes are returning to normal, particularly in cities and areas with high rates of gun violence and drugs.

Responses to the COVID-19 pandemic played a role in the rise in crime.

King County's announcement that jails would not accept people brought in for many types of misdemeanors left a gaping opportunity for a crime spree, for example and the number of certain crimes did indeed rise.

The national crime and safety trends website, SafeWise, notes that Seattle had 32 more burglaries per 100,000 people between March 16 and April 12 than in the same period in 2019, for example. Overall, Seattle has seen 21 percent more burglaries than in previous years. In fact, one city precinct saw an 87 percent jump in burglaries in March, even as businesses shuttered their doors due to the pandemic.

Other types of crime also seem to be growing more common during the age of social distancing.

These crimes include:

Package theft
Drug use/opioid abuse
Speeding
Assault on medical workers and law enforcement
Defying stay-at-home orders, restrictions on public gatherings, and other public health measures intended to control the spread of coronavirus
Other types of crimes are popping up.

The Seattle Police Department recently announced a spike in widespread fraud campaign in which criminals are using stolen identities to file false unemployment claims. Many victims find out when they receive notification that a claim has been filed on their behalf, even though the victims have not filed unemployment claims.

The COVID-19 outbreak, its effects on crime, and its impact on the social justice system could have lasting impacts for citizens, law enforcement, the legal system, and for those accused of crimes. Anyone in Seattle facing criminal charges but not currently in custody will probably not get a hearing anytime soon. When a hearing does happen, it may be rushed; this may put defendants in danger of an unfair trial. A criminal defense lawyer can help defendants get the fair trial they need during the COVID-19 pandemic.

For more information about how the COVID-19 pandemic could affect your case, contact Lennard A. Nahajski with The Nahajski Firm Criminal Defense today.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Seattle has a high rate of “grab and run” thefts, in which so-called porch pirates steal packages from doorsteps.

Bellevue, WA -- (ReleaseWire) -- 05/06/2020 -- In fact, The Seattle Times named the Emerald City as the fifth-worst metropolitan area for packages stolen from porches in 2019. While this type of theft is more common during the holidays, it can happen at any time of year.

In a KIRO Radio interview, SPD Sergeant Sean Whitcomb described how the Seattle Police Department handles package thieves known to tail delivery trucks.

"We followed them too with undercover detectives, so it's like it's this game of cat and mouse."

Beyond that, Seattle police look for trends in the location and times of reported package thefts to help them determine "where it's happening and more likely than not who's doing it." Whitcomb goes on to explain, "Because so many of these crimes are done by the same people, they're prolific offenders."

Package theft is a type of mail theft under both Washington State and federal law, and mail theft can carry hefty sentences.

A federal court can impose a sentence of up to 5 years for stealing even a single letter from the mail. Washington law is a bit laxer, in that its class C felony of mail theft requires that the alleged porch pirate steals from numerous addresses or from the same address more than once. First offenders will likely be charged with petty theft, a misdemeanor that comes with a $1,000 fine. Aggressive, diligent legal counsel can often help reduce the severity of the outcome.

Despite the watchful eye of neighbors, surveillance tactics by police, the use of cameras and other defenses against porch pirates, package theft can be difficult to prove.

Without a witness, police can do little more than take note of any individual incidence of porch piracy in a neighborhood. If others in the same neighborhood report the same problem, police are more likely to investigate. To be charged with grab and run theft, a suspect would need to be both directly linked with the crime and in possession of the items.

After arrest, a number of factors can influence the outcome of a grab and run.

Being caught on camera is not always enough proof to link a suspect with the crime, for instance. The suspect can face additional charges, depending on the contents of the package and what happens to those contents after the package is stolen. Stealing a package containing prescriptions or other personal items carries a heavier charge, for example, and selling the contents can result in additional charges

If you have been charged with package theft, obtain legal counsel quickly from a civil defense lawyer. Your Seattle criminal defense lawyer can ensure you get a fair trial, no matter the charges.

Contact The Nahajski Firm Criminal Defense today.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Anyone in Seattle facing criminal charges but is currently an out-of-custody defendant likely will not have a hearing anytime soon.

Bellevue, WA -- (ReleaseWire) -- 05/04/2020 -- According to a recent article in The Seattle Times, the state Supreme Court issued an emergency order for criminal hearings. Chief Justice Debra Stephens issued the emergency order, which postpones hearings for out-of-custody defendants in the state. In addition to postponing hearings, the emergency order also provides for the release of certain defendants. More specifically, jail inmates who are especially vulnerable to coronavirus may be eligible for release. The emergency order allows trial court judges to suspend court rules to address health concerns arising out of the pandemic. The emergency order took immediate effect. Prior to the emergency order, criminal jury trials in parts of Washington State had been postponed until April 24, 2020.

That suspension affected people facing criminal charges in King County, Snohomish County, and Pierce County. However, many other counties in the state did not order similar criminal jury trial suspensions. Accordingly, many commentators saw the emergency order as a necessity. The emergency order also has a provision for its extension beyond April 24 if necessary. According to the emergency order, the requirement that all courts close became necessary.

Although courts postponed hearings and trials in some counties, other courts in Washington State carried on. The emergency order ensures consistency across the state in an attempt to combat the public health crisis of COVID-19. Indeed, many courtrooms in Seattle and across the state are small. As such, appropriate social distancing cannot occur within them. Attorneys, judges, and other court employees voiced concerns about the coronavirus spreading due to courtroom interactions. In addition to out-of-custody defendants, criminal hearings for in-custody defendants have also been postponed.

Anyone in custody who is facing criminal charges will not get a hearing until April 24 at the earliest. However, first appearances continue to take place. Accordingly, judges will still hear motions for pretrial release and bail modifications. Yet Washington residents facing criminal charges may be wondering if the emergency order violates rights to a speedy trial.

According to Seattle criminal defense lawyer Lennard A. Nahajski , "this situation is largely without precedent."

As such, defendants awaiting trial should speak with their criminal defense lawyer about their rights. Local rules sometimes account for emergency situations, but rights to a speedy trial under Washington State and federal law could arise. Even out-of-custody defendants may be facing anxiety over the uncertainty of a trial date.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Anyone in Seattle facing criminal charges but is currently an out-of-custody defendant likely will not have a hearing anytime soon.

Bellevue, WA -- (ReleaseWire) -- 04/02/2020 -- According to a recent article in The Seattle Times, the state Supreme Court issued an emergency order for criminal hearings. Chief Justice Debra Stephens issued the emergency order, which postpones hearings for out-of-custody defendants in the state. In addition to postponing hearings, the emergency order also provides for the release of certain defendants. More specifically, jail inmates who are especially vulnerable to coronavirus may be eligible for release. The emergency order allows trial court judges to suspend court rules to address health concerns arising out of the pandemic. The emergency order took immediate effect.

Prior to the emergency order, criminal jury trials in parts of Washington State had been postponed until April 24, 2020. That suspension affected people facing criminal charges in King County, Snohomish County, and Pierce County. However, many other counties in the state did not order similar criminal jury trial suspensions. Accordingly, many commentators saw the emergency order as a necessity. The emergency order also has a provision for its extension beyond April 24 if necessary.

According to the emergency order, the requirement that all courts close became necessary. Although courts postponed hearings and trials in some counties, other courts in Washington State carried on. The emergency order ensures consistency across the state in an attempt to combat the public health crisis of COVID-19. Indeed, many courtrooms in Seattle and across the state are small. As such, appropriate social distancing cannot occur within them. Attorneys, judges, and other court employees voiced concerns about the coronavirus spreading due to courtroom interactions.

In addition to out-of-custody defendants, criminal hearings for in-custody defendants have also been postponed. Anyone in custody who is facing criminal charges will not get a hearing until April 24 at the earliest. However, first appearances continue to take place. Accordingly, judges will still hear motions for pretrial release and bail modifications. Yet Washington residents facing criminal charges may be wondering if the emergency order violates rights to a speedy trial.

According to Seattle criminal defense lawyer Lennard A. Nahajski, "this situation is largely without precedent." As such, defendants awaiting trial should speak with their criminal defense lawyer about their rights. Local rules sometimes account for emergency situations, but rights to a speedy trial under Washington State and federal law could arise. Even out-of-custody defendants may be facing anxiety over the uncertainty of a trial date.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Even if the demonstration is lawful, criminal trespass charges might still hold up in court. However, there are a number of possible defenses.

Bellevue, WA -- (ReleaseWire) -- 02/25/2020 -- Twenty-eight climate change protestors are in police custody after they refused to leave a Chase Bank building in downtown Seattle.

Officers arrived at the building about noon, after some protestors allegedly refused to leave the bank's lobby. Most of the group complied with the officer's request to move onto the sidewalk, but thirteen men and fifteen women remained inside.

A police spokesperson said the intransigent demonstrators said they wanted to be arrested. They were transported to the King County Jail.

"We have probably all seen footage of the brutal way police officers suppressed civil rights protests in the 1960s," remarked Seattle criminal defense attorney Lennard A. Nahajski. "Thankfully, things rarely get that heated today. But emotions still run high at many of these events, whether they are staged or not."

Freedom of assembly is one of the core principles in the First Amendment. However, authorities have the right to regulate the time, place, and manner of these assemblies. In general, demonstrations are lawful unless the demonstrators infringe on the rights of others or disobey a lawful order. In some jurisdictions, police also have the power to break up assemblies if they create a nuisance or disturbance, but that's extremely subjective.

In the above story, the order in question was probably a criminal trespass warning. Contrary to popular myth, "trespassing" is not a crime. Rather, the crime is a refusal to obey a "go away" criminal trespass warning. Some public places, such as restaurants, sometimes post no-trespassing signs. These signs might or might not serve as criminal trespass warnings.

Generally, criminal trespass is a simple misdemeanor which could mean a maximum 90 days in jail. Aggravated trespass is a gross misdemeanor (up to one year in jail). The difference between the two is a bit vague. Generally, prosecutors file aggravated trespass charges if the defendant made a scene or resisted officers.

There are a number of defenses. Trespass charges do not hold up in court if the building was abandoned. That's different from "closed" or "unoccupied at the time." Furthermore, defendants are not guilty as a matter of law if they complied with all the establishment's rules and regulations. This second issue sometimes comes up in rowdy party situations.

Filming the police is a somewhat related matter. In the Ninth Circuit, which includes Seattle, it is legal to use a cell phone or other device to video police as they perform their official duties. People must obey reasonable commands, like "stand over there," as long as the commands do not substantially interfere with filming. However, the Supreme Court has yet to rule on this issue, so the law could change.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

An arrest is not evidence of guilt. Instead, prosecutors must use other evidence to prove guilt beyond a reasonable doubt.

Bellevue, WA -- (ReleaseWire) -- 02/08/2020 -- Some 2019 magazine headlines like "Left-coast Lawlessness" and "Seattle Under Siege" might have been a bit overblown. According to the official records, crime rates decreased across the board last year.

Property crime rates, mostly theft, were at their lowest levels since the 1970s. Violent crime rates also dropped sharply. Seattle Police Department spokesperson Sergeant Sean Whitcomb said that social media was probably to blame. Additionally, many people wrongfully assume that homelessness and crime are connected, he added.

Lower reporting rates might have something to do with the decreases. Overall, emergency police calls were down 3 percent, although the city's population grew substantially. Theft and other property crime reports were down even more (20 percent).

"Many people, including many jurors, think that if police arrested people, they must have done something wrong," remarked Seattle criminal defense attorney Lennard A. Nahajski. "Debunking that myth is probably the most important part of a criminal defense attorney's job."

There is a difference between morally guilty and legally guilty, he explained. Moral guilt is irrelevant in criminal cases. Legal guilt is all that matters. "Guilty" or "not guilty" is not related to what the defendant did, but rather to what the state can prove he did.

This proof must be beyond a reasonable doubt. That's the highest standard of evidence in American law. The Pattern Jury Instructions have a generic definition of reasonable doubt which is not very helpful. So, defense lawyers often press for an additional clause: "If, from such consideration, you have an abiding belief in the truth of the charge, you are satisfied beyond a reasonable doubt."

Prosecutors present their side of the story first. Immediately after that, almost all jurors would immediately vote "guilty" without hesitating. Proof of an abiding character means that, even after jurors hear the other side of the story, they have the same firm belief in the defendant's guilt.

All this assumes the stop and arrest were legal. If officers lacked reasonable suspicion for the stop or probable cause for the arrest, the case cannot move forward. DUI is a good example. It's not illegal to weave in a single lane of traffic. So, such weaving cannot be reasonable suspicion. If the defendant passed the field sobriety tests, or the officer did not administer them for some reason, there may be no probable cause for the arrest.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Sex crime charges are usually defensible in court. Prosecutors must establish guilt beyond a reasonable doubt, and some affirmative defenses might be available as well.

Bellevue, WA -- (ReleaseWire) -- 01/21/2020 -- A multi-agency effort, led by the Washington State Patrol, ended with the arrest of four individuals who thought they were to meet a minor for illicit purposes.

"Detectives posed as the juveniles," officials said in a statement announcing the arrests. So, "no juveniles were used or at risk during the operation."

"While DuPont is a safe community, we are not naive to the fact that being situated along the I-5 corridor brings with it transient crime, to include human trafficking and child predators," added DuPont Police Chief Douglas Newman. "The safety of our children and citizens is our number one priority, and we want to send a message to anyone who is thinking of victimizing the innocent: Don't come to DuPont to hurt our kids or our community."

"Cases like these usually have a substantial 'shock and awe' factor with jurors," observed Seattle criminal defense attorney Lennard A. Nahajski . "So, a defense should focus on the legal issues involved."

The actus rea, or criminal act, is one such issue, he added. Legally, defendants who have not committed illegal sex may still face punishment. Generally, the prosecutor simply needs to show an affirmative act which, if continued, would lead to an illegal sex act.

Assume Tim goes online where he meets an undercover officer posing as a teenage girl. Tim agrees to meet "the girl" at a local hotel. Tim leaves his home, gets in his car, drives to the hotel, goes up the elevator, and knocks on the door. Then, before investigators open the door, he changes his mind and leaves.

Technically, when Tim walked out of his front door, he could have been charged with a crime. However, the charges would probably not hold up in court. The closer he got to the hotel room door, the more likely a conviction becomes.

The entrapment defense might apply in these situations as well. But it is not easy to establish. Contrary to popular myth, police officers can freely impersonate underage girls online. They can even provide photos.

For the entrapment defense to hold up in court, the defendant must prove s/he had no predisposition to commit the crime. If officers approached Tim when he was in a sex chat room, he obviously had some predisposition to commit the crime. If officers sent Tim a Facebook message, entrapment might be a possibility.

It is also very important to humanize the client in these situations. So, trials are usually a good option, especially because prosecutors rarely offer good deals in these cases. If the evidence is overwhelming, a slow plea might be an option. In some jurisdictions, defendants can plead guilty and go to the jury for punishment.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

“A business owner reported a property crime, and @SeattlePD arrested the suspect.

Bellevue, WA -- (ReleaseWire) -- 10/30/2019 -- Within hours, the suspect was released from jail and returned to commit a new crime. The same officer re-arrested the suspect. This not only hurts our community, but officer morale as well," she wrote. Best is currently out of town. In her stead, Assistant Chief Deanna Nolette said that the police department was "one part of the system" and "we can't control what happens downstream." It appears that the Personal Recognizance Screening system may be the "downstream" element. According to some, the system fails to account for recidivism and lacks judicial oversight. In fact, in about one in ten cases, a screener approves immediate release without any judicial order.

The catch-and-release issue may be widespread.

Area peace officers have arrested one defendant on seventy-two separate occasions. "Hopefully, the county can get this issue sorted out," commented Seattle criminal defense attorney Lennard A. Nahajski. "The PR release mechanism is an important component of the jail release system in King County. For many decades, the cash bail system was the only way to get out of jail before trial, Nahajski explained. But as the number of unsentenced inmates rose, more people criticized this system. Indeed, if people are in jail just because they cannot afford bail, that's a serious problem. Programs like the PR release system provide an alternative. Generally, if the defendant committed a nonviolent misdemeanor, PR release may be an option. The defendant simply promises to appear in court at a later date. The arrest essentially becomes a traffic citation.

In violent or felony offenses, cash bail is probably an option.

Typically, the sheriff sets presumptive bail amounts based on the severity of the offense and the defendant's criminal record. That amount might be $700 for a misdemeanor and $1,500 for a felony. But to many people, seven hundred dollars might as well be seven million. So, a bail bond might be a better alternative. For about a 15 percent premium, a bonding company files a surety bond with the county. The bond has a lower cost, but may come with additional conditions. An attorney has limited chances to advocate for the defendant in these preliminary matters. At a subsequent bail reduction hearing, an attorney can reduce the bail amount based on factors like:

Defendant's connection to the community,
Amount of evidence against the defendant,
Defendant's ability to pay, and
Any threat to the community.

The Eighth Amendment guarantees reasonable bail in criminal matters. If the defendant remains behind bars, it is much more difficult to mount an effective defense.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

After one jury deadlocked, King County prosecutors said they would not retry Marc and Elizabeth Hokoana, who were charged with assaulting protestor Joshua Dukes at a University of Washington event in January 2017.

Bellevue, WA -- (ReleaseWire) -- 09/17/2019 -- After one jury deadlocked, King County prosecutors said they would not retry Marc and Elizabeth Hokoana, who were charged with assaulting protestor Joshua Dukes at a University of Washington event in January 2017. The State of Washington v. Elizabeth Joy Hokoana, Marc K Hokoana. Superior Court of Washington for King County # 17-C-02989-7 SEA & 17-C-02990-1 SEA

Yiannopoulos, a former Breitbart editor and outspoken conservative, was scheduled to speak on campus on Inauguration Day 2017. Emotions were high, as some protestors were incensed over the inauguration of President Donald Trump. The tense confrontation soon became violent. During the melee, Dukes allegedly threatened the Hokoanas.

Prosecutors depicted the Hokoanas as right-wing militants who were looking for trouble. "I'm just going to wade through their ranks and start cracking skulls," Marc posted on social media. The defense claimed the incident was a pure case of self-defense. Elizabeth told jurors she thought Dukes was going to "gut" her husband with a knife. "It was him or my darling," she testified. She shot Dukes at close range, but Dukes survived.

Jurors reportedly split along ideological lines. A spokesperson for King County Prosecuting Attorney Dan Satterberg said that his office "has carefully reviewed the evidence produced at trial" and decided it was "unlikely that a retrial would produce a unanimous verdict."

"Proceeding to any jury trial poses risks to both sides.  An experienced criminal defense attorney will be able to create as much doubt as possible in the prosecution's evidence."noted Seattle criminal defense attorney Lennard A. Nahajski. "however, the jury is the ultimate fact finder.

That approach begins during jury selection. Juror information cards may seem like useless trivia, but each question means something. For example, people who own their own homes are more conservative than people who rent, at least in most cases.

The objective is to identify the leaders for the other side and eliminate them if possible, Nahajski explained. That process usually involves either a challenge for cause or a peremptory challenge. Judges remove jurors for cause if they verbally express a bias and the other lawyer cannot rehabilitate them. Lawyers use peremptory challenges to remove unwanted jurors. Lawyers cannot use peremptory challenges for illegal; reasons, such as removing a person because of race.

Next, a defense attorney must make the defendant sympathetic. References to the defendant are often important. For example, a lawyer may call the defendant "Mr. Harris" at the beginning of a trial. Later, the defendant becomes "Richard" and then "Rick." That progression helps the jury sympathize with the defendant.

Selection and sympathy are useless without a legal hook. There must be something for jurors to "hang their hats on," such as an evidentiary flaw or, in the above case, self-defense. It does not matter if the legal hook is convincing or not. Sympathetic jurors just need a reason to vote in favor of the defendant.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Bellevue, WA -- (ReleaseWire) -- 08/13/2019 -- New Study: Hate Crimes Spike in Washington State

Between 2013 and 2017, hate crimes increased 22 percent nationally. But in Washington, these incidents skyrocketed 78 percent.

Race accounted for 60 percent of these offenses. Most of the rest were either religion (21 percent) and sexual orientation (16 percent). Almost all of the hate crimes in Washington over that period were aggravated assaults. These incidents increased even more in Seattle. Only two other cities in the nation experienced higher increases. Observers speculate that many other hate crimes may go unreported, especially property crimes.

The Simon Wiesenthal center states that the use of social media platforms contributed significantly to the hate crime spike.

"It is interesting that 'hate' is not an element of a hate crime in Washington State," opined Seattle criminal defense attorney Lennard A. Nahajski. "But the Evergreen State's law is a bit more narrowly tailored than similar laws in other jurisdictions, which is probably why courts have not overturned it."

Mr. Nahajski was referring to the recently-amended RCW 9A.36.080, which is the malicious harassment law. This provision applies to any physical violence, or physical property damage, related to the alleged victim's:

Mental, physical, or sensory handicap,
Race,
Color,
Religion,
Ancestry,
National origin,
Gender, or
Sexual orientation.

Note that age is not on this list. "Sexual orientation" usually includes gender identity. This offense is a Class C felony, which could mean up to five years in prison and/or a $10,000 fine.

Additionally, the defendant must "maliciously and intentionally" commit the act. In other words, the defendant must target the individual because of a protected status. So, if a person robs women because he believes women are weak and cannot fight back, that's probably not a hate crime in Washington State. But it may be a hate crime elsewhere.

The enhanced mental state makes these offenses difficult to prove in court. Essentially, prosecutors must either establish that the defendant belonged to a hate group or used racial or other slurs immediately before, during, or immediately after the incident.

If the evidence is weak, attorneys can often get charges reduced to ordinary assault, or perhaps aggravated assault. Aggravated assault is still a felony, but as far as jurors are concerned, this offense is not as bad. Additionally, attorneys can usually have all "hate crime" evidence excluded in an assault trial.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

A recent report from the Anti-Defamation League confirmed what the FBI said last November.

Bellevue, WA -- (ReleaseWire) -- 05/08/2019 -- The number of hate crimes in Washington State increased dramatically in 2018.

According to a national audit, anti-Semitic incidents in Washington increased 60 percent between 2017 and 2018. Hate crimes are up overall as well. According to the FBI report, race, sexual orientation, and religion were the most common motivating factors. Nationwide, harassment and assaults were both up and vandalism was down. But in Washington, all three categories increased. Membership in extremist hate groups, like neo-Nazis, is also higher today than at any time since 2003, according to the ADL.

Hate Crimes in Washington

"I find it very interesting that 'hate' is not an element of Washington State's hate crimes law," opined Bellvue criminal defense attorney Lennard Nahajski. Like most other jurisdictions, Washington's hate crimes law is very broad. It applies to assault, vandalism, or terroristic threat linked to a "perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation or mental, physical or sensory handicap." In other words, the law requires prejudice and not hatred. If a mugger targets women because he believes they are weak and unable to resist, hate crime charges apply. The same thing could happen to a burglar who targets Asian homes because he believes these people are rich.

Vagueness like this opens the law to misuse.

New York, has similar hate crimes law. Prosecutors sometimes enhance misdemeanor fraud charges to felony charges if the alleged victim was an elderly person. The reason? Prosecutors say that's a hate crime. The defendant intentionally targeted older people because of a perception about their age. (e.g. Elderly people have money and are easy to fool). Fortunately, Washington State's hate crimes law has some built-in limits. Washington State's hate crimes law only applies to assault, terroristic threat, and vandalism. Additionally, in hate crimes cases, prosecutors must establish that the defendant acted maliciously and intentionally. That's a higher-than-normal means reason.

Nevertheless, the hate crimes law still comes dangerously close to violating the First Amendment's guarantee of free speech.

That's especially true in so-called terroristic threat cases. Unless prosecutors can prove the terroristic threat was a credible one, the First Amendment almost certainly applies. Washington State's hate crimes law also contains a civil penalty provision. So, even if a Bellvue defense attorney "beats" the criminal charges, a defendant could still face a civil lawsuit over the same conduct. The burden of proof in civil court is much lower. Therefore, an adverse result is pretty likely, especially if the defendant does not have experienced counsel.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Bellevue, WA -- (ReleaseWire) -- 04/03/2019 -- In the coming months, there may be some changes coming to Washington state law regarding the penalties for solicitation of prostitution. Under current state law, the punishment for prostitution; the illicit sale of sex, and for solicitation; the illicit buying of sex; are largely similar.

However, HB 1383, a bill that is making its way through the Washington State Legislature, proposes changes to the rules. If passed into law, the bill would make a second arrest for solicitation or prostitution a gross misdemeanor. Likewise, this is punishable by a maximum of 364 days in prison along with a $5,000 fine. A significant increase in penalties when compared to current law. For instance, solicitation of prostitution is a misdemeanor punishable by up to 90 days in jail along with a $1,000 fine.The lead sponsors of the bill are Mike Pellicciotti (D-Olympia) and Vicki Kraft (R-Olympia).

With broad bipartisan support, HB 1383 has already passed in the Washington House of Representatives. In the coming days, the Washington State Senate will have its chance to vote on the measure. In fact, a committee vote is on April 2nd, 2019. If successful, the legislation could go before the full State Senate in the next several weeks. Should the reform packaged pass, lawmakers hope that the increased penalties will help to disincentivize potential "johns" for patronizing prostitutes. As explained by the Seattle sex crimes defense lawyers at The Nahajski Firm, "Sex-based offenses are already serious crimes in Washington. If Washington legislators do indeed pass this bill and sign it into law; there is little doubt that prosecutors will quickly begin seeking harsher sentences for defendants charged with solicitation of prostitution."

It is worth noting that the city of Seattle has also put local regulations in place to discourage prostitution. Under 5.290 of the Seattle Police Manual, a person convicted of prostitution or of the solicitation of prostitution may be on a Stay Out of Areas of Prostitution order, otherwise known as a SOAP. Under this type of legal order, a person is barred from entering high prostitution areas of the city at certain times of day. While breaking the terms of a SOAP is not a new criminal offense in Seattle, it is a violation of an offender's probation.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

On March 15th, 2019, the Seattle Police Department Announced the Arrest of Ten People in a String of Theft Operations.

Bellevue, WA -- (ReleaseWire) -- 03/25/2019 -- Law enforcement reports that the broad anti-theft operation used undercover officers from the Major Crimes Task Force Detectives and the North Anti-Crime Team officers. According to information provided by representatives of the Seattle Police, law enforcement obtained information that indicated that shoplifters were repeatedly targeting the Home Depot and Lowe's home improvement stores. Indeed, the information suggested that serious shoplifting was occurring at these two stores on an almost daily basis.

These two department stores in question are located about a block away from each other, in Aurora Avenue in the north side of the city.

To carry out the sting operation, undercover Seattle police officers worked directly with employees from the store's loss prevention departments. Suspects were charged with both misdemeanor and felony theft offenses. One suspect fled from police, and was also charged with several other criminal offenses. In Washington, the key difference between a misdemeanor theft charge and a felony theft charge is the value of the money, property, or services that were allegedly stolen. Under Washington state law (RCW §9A.56.040), a defendant may be charged with misdemeanor theft in the third degree if they are alleged to have stolen goods or services valued at $750 or less. However, when the alleged value of the theft exceeds $750, the defendant can be charged with a second degree felony offense.

As explained by the Seattle criminal defense attorneys at the Nahajski Firm "Felony theft is an extremely serious offense in Washington.

Under the state's criminal code, a second degree felony is punishable by as much as five years in prison and a $10,000 fine. Depending on the circumstances, a defendant could even face more serious penalties. If the unlawful taking of property involved actual physical violence or the threat of physical force, a defendant could face heightened criminal charges." Local law enforcement has stated that property theft continues to be a high priority. Specifically, the Seattle Police Department reports that the Aurora Avenue corridor — a section of the city that is home to a number of different businesses — will continue to receive a heightened degree of emphasis and oversight from offices.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

A tragedy in Seattle involving a pregnant woman shot by her four-year-old son could be the first in which gun storage law may apply.

Bellevue, MD -- (ReleaseWire) -- 02/11/2019 -- If so, the father in the case could end up facing felony criminal charges and a potential jail sentence. According to a February 3, 2019 WKBN news report, the incident occurred as the 27-year-old, eight-months pregnant mother and her boyfriend were laying in bed watching television. Their four-year-old son was also in the room. He retrieved a loaded, unsecured gun that the father kept under the mattress. The toddler pointed the weapon at the mother and pulled the trigger, hitting her in the face. After transportation to the Harborview Medical Center reports of life threatening injuries were discovered. Police have an open investigation to determine charges in accordance with the states newly passed gun storage laws.

Gun Storage Law Makes Keeping Unsecured Weapons a Felony Crime.

In the November 2018 state elections, Initiative 1639 passed as a ballot measure. It garnered 60 percent of the vote. It went into effect on January 1, 2019. Targeting gun purchase and ownership requirements along with gun storage regulations, is the objective.

In addition to raising the legal age for buying a semi-automatic rifle from 18 to 21, it requires all gun owners to keep their weapons in a secured safe or lock box when not in use. The owner could face criminal charges of 'community endangerment'; if the firearm is somehow accessed by an unlawful user, such as a minor or a convicted felon.

"In the recent tragic shooting of the pregnant mother by her four-year-old, I-1639 is likely to apply," says Seattle Criminal Defense Attorney Lennard Nahajski of the Nahajski Firm. "The father could end up facing criminal charges for keeping the firearm under the bed and will need a strong criminal defense to avoid these charges and the penalties associated with a conviction."

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