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Spokane Criminal Defense Law Blog

What is the legal definition of giving consent?

Different states have slightly varying definitions of terms such as rape, sexual abuse and sexual assault. The exact definition of these terms can have very important consequences for the outcome of a charge. It could mean the difference between innocence and jail time. The legal role and definition of consent is similar. Understanding the legal definitions of consent can help you to understand the law and the implications of certain charges,

Different types of consent

Wrongly accused of assault: What are my defenses?

The circumstances surrounding an alleged battery or assault can be very complex and therefore, many facts can be contested. You may have been accused of assault and you think it was mistaken identity, or you may have been involved in an altercation that you do not think was a criminal offense. Perhaps you were protecting yourself.

This blog will provide a brief overview into some of the most successful defenses to be used when a person has been accused of battery or assault.

What is the law on identity theft?

Identity theft is a crime where somebody steals or wrongfully obtains another person's personal data in order to commit fraud or deception. This is usually for economic gain, but monetary benefit does not define the act.

This blog offers a brief overview into what identity theft is, and what consequences are likely if you are found guilty of committing identity theft.

Drug court might be a resolution for drug charges

There are many different types of drug charges that a person can face. In some cases, these charges are the result of a mistake or an addiction. When this occurs, there isn't any reason why the charge should ruin the rest of your life.

We know that facing any type of drug charge is a difficult journey. This is especially true if you are facing criminal charges and know that you need help with an addiction so that you won't keep turning toward drugs. By getting off drugs, you might be able to find a gainful job and move on with your life in a positive way.

Anti-drug operation nets 42 arrests in Seattle

Drug possession and sales can ruin lives and livelihoods, especially when charges result in harsh sentencing for accused offenders. Criminal activity involving narcotics in Washington state is receiving renewed attention from law enforcement that has landed more than three dozen in jail.

A month-long operation by the Seattle police netted 42 arrests of accused drug dealers. Law enforcement built cases against 60 suspects before the arrests, which include charges on possession of narcotics and intent to distribute.

Know the law on domestic violence

This blog acts as an introduction to how domestic violence is defined under the law, and what types of conduct can be classed as domestic violence. It will also go into what factors lawyers take into consideration when assessing a domestic violence case.

Defining domestic violence

Spokane teen sentenced to 160 months for attempting to shoot cop

A 17-year-old Spokane resident was sentenced to 160 months behind bars on Wednesday, May 24, 2017. He had been accused of having attempted to shoot a deputy with the Spokane Valley Sheriff's Office using a sawed-off shotgun back in March. Prosecutors had decided to prosecute him as an adult because he had a prior felony conviction on his record.

The teen was originally arrested on March 27, 2017, after deputies received reports that someone was peeping into cars along East Valleway. When the responding deputy arrived on the scene, he quickly identified the two individuals that witnesses had described as acting suspiciously.

Ride apps Lyft and Uber and their impact on drunk driving rates

While drivers perhaps expected that the emergence of on-call driver apps such as Lyft and Uber would make it easier to get around without having a car of their own, Spokane's Police Department had other hopes in mind. They expected these ride apps to effectively decrease the driving under the influence (DUI) incidence rate across the city. Representatives with the city say this hasn't been the case though.

During the last three years since these apps first gained popularity in Spokane and parts of neighboring Northern Idaho, police reports show that DUI arrests have remained consistent throughout. In the state of Washington as a whole, there were 1,458 individuals arrested across the seven countries that comprise District 4 in 2010 before Uber came to the area.

A domestic violence call results in charges for drugs and weapons

A 48-year-old Spokane man was arrested on multiple felony counts Sunday, May 21, 2017 after police were dispatched to 500 West Sinto around 12:30 a.m. Police had originally received a phone call early that morning reporting that a couple were involved in a domestic dispute at an apartment complex. The caller expressed some concern that one of the individuals might have had either a knife or gun on them at the time.

When officers arrived on the scene, a man who had previously been involved in the altercation took off running. He climbed the stairs of the apartment complex up to the third floor where he tried to force his way into one of the building's units. Spokane Police Officers were able to take the man into custody as he attempted to do so. Enough evidence was amassed in the case to charge him with domestic assault.

Justice Dept. may order US Attorneys to choose harsher charges

When investigators come to a federal prosecutor with evidence of a crime, there are two ways the decision is made as to what charges, if any, should be filed. One is a grand jury proceeding, in which the prosecutor presents the facts and law to the grand jury and asks them to return an indictment. The other is a decision made directly by the prosecutor. In either situation, however, the prosecutor makes ethical and strategic decisions about what the appropriate charge would be, based on the evidence available.

If the Trump Administration gets its way, that may change. Instead of leaving charging decisions to prosecutorial discretion, the Department of Justice may issue new policy guidance urging them always to file the most serious charges they can prove in court.

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Maxey Law Office PLLC
1835 West Broadway Avenue
Spokane, WA 99201

Phone: 509-828-4936
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