What is Double Jeopardy?

According to the 5th Amendment to the U.S. Constitution, “No person shall be subject for the same offense to be twice put in jeopardy of life or limb.” This guarantee is important because it prevents prosecutors from continually prosecuting until they come up with a conviction. Double Jeopardy prevents being prosecuted twice for the same offense.

Jeopardy begins when someone is charged with a crime. Here are the important stages to be aware of:

  • When Jury is sworn.
  • When first witness is sworn.
  • When court first hears evidence (for juvenile proceedings).
  • When a plea is excepted as an agreement between the defendant and prosecutor.

When the defendant is found innocent, jeopardy ends. The government cannot detain them for additional court proceedings. Therefore, it ends when:

  • An acquittal.
  • Trial court judge grants a dismissal.
  • Post-conviction appeal is a success.

Double Jeopardy is one of the oldest legal concepts dating back to 355 B.C. The Romans codified this principle that “the law forbids the same man to be tried twice on the same issue.

The Courts can bring further criminal action against someone as long as it is not for the same offense. For example, an individual who has stolen a car to facilitate abduction can be prosecuted and receive separate punishments for auto theft, kidnapping, attempted rape etc.

To learn more about Double Jeopardy, visit Legal Dictionary or FindLaw.

Holiday Safe Travel Tips

The holidays are quickly approaching and your schedule is likely packed with festive activities and parties. If you are planning on heading out of town to visit family or friends for the holidays or for the day, it is important to keep in mind safety tips for traveling.

photo via Ris Media

By Car

Check your vehicle before heading out. Make sure you have a full tank of gas, your tires are properly inflated and your lights and windshield wipers are working. Pack a winter weather emergency kit in case of inclement weather on your trip.

  • Don’t drink and drive. If you have been partaking in festive celebrations involving alcohol do not get behind the wheel. Have a sober driver get behind the wheel instead. Even if it is the next day make sure you are awake and alert before beginning your road trip.
  • Wear your seatbelt and make sure kids and pets are properly bucked up. Make sure your child is in the proper safety restraints for their size and age (car seat, booster seats.) Pets should not be allowed to roam around the car, protect them with a cat or dog travel carrier, pet barrier in the trunk, or seat belt harness.
  • Have your cell phone available but don’t text/call while driving. Keep your attention on the road, not your electronic devices. It is important to have a phone easily accessible in case of an emergency or inclement weather.
  • Check the weather along your route. Have an idea of what you are heading into. If you are facing snow, rain, sleet, ice, hail, thunderstorms etc. you should be prepared.
Photo: Sean Locke

Photo: Sean Locke

By Plane 

  • Pack your presents in carry-on luggage to avoid theft and damage.
  • Travel light. Although you may need to take warm winter clothes (hats, gloves, scarves, sweaters…) with you don’t pack things you don’t need. It will make for an easier trip if you aren’t weighed down with heavy luggage or extra bags.
  • If you have medications you are bringing make sure to keep the medications in their original packaging and keep in your carry on bag. If your luggage is lost you don’t want to have to deal with not having important medications.
  • Make sure a friend or family member has your travel itinerary and that you have arranged for transportation once you arrive at the airport. The holidays are busy and many people will be waiting for taxis and shuttles.
  • Leave expensive jewelry, cameras and electronics at home. You don’t want to risk getting robbed or potential damage.
  • It is flu season, wash your hands often and carry hand sanitizer with you. Avoid touching your face or eyes. Cough or sneeze into a tissue or your sleeve. If you have been sick, consider postponing your trip.

 

Preparing ahead for your travels will help you avoid stress during the holidays. Follow these tips to help you arrive safe, happy and on time to your holiday destination.

 

What You Need to Know About Shoplifting

If you have been accused of shoplifting, the first thing you should do is gather all the information you can to know just what you are up against. In Washington, the crime of shoplifting, like other theft charges, is classified based on its level of severity.

Classification of Theft

Theft in the 1st Degree: If the value of the property or services exceeds $5,000 (with the exception of a firearm or vehicle), it will be classified as 1st degree theft. As a Class B felony, the penalty will include a 10 year max jail sentence and a $20,000 fine.

Theft in the 2nd Degree: If the property or services stolen is valued between $750 and $5,000. This is classified as a Class C felony and can be punished with up to 5 years in jail and a fine of $10,000.

Theft in the 3rd Degree: If the property or service stolen is valued at less than $750, it is classified as a 3rd degree theft. This is a gross misdemeanor and can be punished with a maximum of 364 days in jail and a $5,000 fine.

Usually, shoplifting falls under the classification of 3rd degree theft, but that depends on the value of the things that you are accused of taking. To plan an adequate defense strategy your lawyer may ask you the following questions:

  • Were you in the store when stopped?
  • Had you already passed the checkout or register area of the store?
  • Were you carrying a personal bag?
  • Was it a mistake and you had intended to pay?
  • Where were the items recovered from?
  • Did you make any statements or admissions, and to whom?

If you or someone you know has been accused of shoplifting, contact the Charles Johnston team.  

DIY Firearms: What Does This Mean and Who Is Fighting Back?

There has been a lot of talk lately about the eight States including Washington, New York, Oregon, and the District of Columbia who are joining in on the lawsuit challenging the outcome of a 2015 case. The verdict of the case allows Defense Distributed’s Cody Wilson to release blueprints for 3D-printed firearms.

In case you are unfamiliar with what is going on, a restraining order blocking the release of downloadable blueprints for 3D-printed firearms has been issued by U.S. District Court Judge Robert Lasnik. This is happening one day after Washington State Attorney General Bob Ferguson, filed a suit challenging the Federal Government’s decision to allow their release.  

What exactly are 3D-printed firearms? 3D-printed firearms are guns that are assembled by a 3D printer using ABS plastic (the same kind of plastic used to make Legos).

Anybody who has enough money, can buy the higher end 3D printer that is required to assemble functional firearms.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted a test of the accuracy of 3D-printed firearms in 2013. One gun tested called ABS-M30, fired a .380-caliber round eight times without fail.

The blueprints include plans for an AR-15 style rifle and a Beretta M9 handgun, among other firearms. It is believed that the release of the blueprints would facilitate a broad, unregulated access to dangerous weapons.

This raises concerns because the firearms would be untraceable and virtually undetectable by metal detectors. Also, those who would otherwise be unable to purchase a firearm because, they would fail a background check, could more easily get their hands on one.

For more information check out The Seattle Times  and CNN.

Fewer Juveniles Tried in Adult Court Under New Law

Gov. Jay Inslee recently signed a new law that removes a handful of crimes from the list of auto-decline offenses extending juvenile jurisdiction for those crimes to age 25. The sentences for these crimes will include time served in juvenile rehabilitation facilities instead of state prisons.

Additionally, for violent offenses, such as murder, rape and aggravated assault, county prosecutors can use discretion to decide which of these 16/17 year olds will be tried as adults.

Senate Bill 6160, the bill signed by the governor last month, removes first-degree robbery, drive-by shooping, first-degree burglary if has a prior offense, and any violent crime committed with a firearm from the list of crimes that can automatically send 16 and 17 years into the adult criminal system. It does not affect youth committing crime after age 18.

Read more about the specifics here.

How does DNA testing for evidence work?

DNA is a molecule that contains our genetic code and determines all of our traits. Every cell in the human body contains a complete set of our DNA. 99% of the DNA from two people will be identical, 0.1% of the DNA code is what makes each person unique.

These sequences, genetic markers are used by forensic scientists when doing a DNA test. Identical twins will have identical genetic markets.

Forensic evidence could include samples from skin, hair, blood or other body fluids.

The accuracy of DNA is crucial as it can be life changing for someone on trial. DNA tests can sometimes be the only evidence to prove someone was involved in a crime or free someone wrongly convicted. Testing more markers will insure the accuracy of the test, but this can be expensive. Unrelated people can be the same, however this is only a one in one billion chance.

DNA was not used to profile people until the mid 1980’s. Compared to fingerprints or eyewitness testimony, DNA evidence is a high accurate method. DNA evidence is heavily relied on in court.

For more about DNA evidence in criminal law, check out these resources:
http://www.bbc.co.uk/science/0/20205874
https://criminal.findlaw.com/criminal-procedure/how-dna-evidence-works.html

Washington Fair Chance Act- What is it?

The Washington Fair Chance Act was signed into law this week by Governor Jay Inslee. Referred to as “ban the box” by supporters, this law prohibits employers from asking about arrests or convictions until after the employer determines if the applicant is otherwise qualified for the position. Exceptions include law enforcement, state agencies, schools and other jobs that work with children or vulnerable adults.

More than one million people living in Washington State have a criminal record. Nationwide 11 states and 150 cities have adopted a similar concept.

The main goal is to prohibit excluding someone with a criminal history solely based on that fact if they are otherwise qualified during the initial screenings. Many qualified applicants can be discouraged from applying for a position if they need to check a box saying they have a past history with the law.

Another goal of this legislature is to help ex-offenders fine productive employment. The idea is if they are able to make a living wage, provide for their families and have work then they are less likely to re-offend or turn to criminal activities.

You can read more about the bill and what supporters believe are the benefits here.

In the News: Lawyer Admitted Client’s Guilt

The U.S. Supreme Court considers the question: When a defendant in a capital case says, “not guilty,” can his attorney say “guilty?”

This happened in the case of State of Louisiana v. McCoy. Robert McCoy is currently on death row after his conviction for triple murder after being charged with first-degree murder. He claimed he was innocent, but his lawyer thought the evidence against him was overwhelming.

Lawyer, Larry English wanted to spare him from execution and proposed admitting guilt and pleading for a lesser sentence. McCoy did not agree. At trial, McCoy said he was out of the state during the time of the murders. English, mentioned in his closing arguments that his client was guilty of second-degree murder because of mental deficiencies.

The lawyer had told McCoy to plead guilty in exchange for a life sentence. The lawyer was trying to avoid the death penalty. This strategy failed.

The Supreme Court heard arguments on this case during an appeal. McCoy asked for a new trial because his lawyer disobeyed his instructions. The justices will have to decide “whether the lawyer’s decisions was a reasonable effort to make the best of a bad situation or instead a violation of McCoy’s constitutional rights, entitling him to a new trial.”

Sources: http://blogs.findlaw.com/supreme_court/2018/01/supreme-court-hears-murder-case-where-lawyer-admitted-clients-guilt.html

https://www.supremecourt.gov/DocketPDF/16/16-8255/26940/20180105201207565_16-8255%20rb.pdf

http://www.wnd.com/2018/01/oops-defense-attorney-admits-clients-guilt/#o3oFidAF5hOOrjkX.99

Avoiding DUI Super Bowl Sunday

Super Bowl Sunday is coming up this weekend. A day typically full of food, football and fun, drinking is a part of many Super Bowl parties. After the festivities, many get behind the wheel not realizing how impaired they actually are. The most effective way to avoid a DUI charge is simply to not drink and drive. Even if you think you are sober enough to drive, if you have had any amount of alcohol your BAC could suggest otherwise. If you plan on driving, avoiding drinking completely is the only way to eliminate your chance for a DUI arrest.

Here are some tips to follow to avoid a DUI.

  • Eat plenty of food and alternate drinks with water throughout the day.
  • Keep track of your drinks and have a limit for yourself.
  • Set up a safe, sober ride home.
  • If unable to drive, call Uber or a taxi.
  • Ask a friend if you can stay over for the night.

Always have a backup plan. You may plan on driving home but drink more than you planned. Never get behind the wheel if you are intoxicated. Keep the roads safe and avoid a DUI arrest. If you need more advice regarding DUI and DUI laws, contact Charles A Johnston Law today.

In the News: The Sexual Misconduct Scandals

This fall, Harvey Weinstein,  the Hollywood producer,  was fired after multiple women came forward and accused him of rape and sexual assault.

After this, a series of accusations of sexual misconduct were made on dozens of others. The allegations ranged from inappropriate comments to rape. These allegations have led to multiple high-profile men to be fired or forced to resign. These allegations are continuing to come in.

You can view a full list and read more about the allegations here.

So, what does the law say about sexual harassment? Many companies are examining their current sexual harrassment policies after a barrage of #metoo stories on social media and the conversation on sexual harassment was put front and center on the media.

 

Sexual harassment is defined by the law. According to the University of Michigan Sexual Assault Prevention and Awareness Center, “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when either: 

  • The conduct is made as a term or condition of an individual’s employment, education, living environment or participation in a University community.
  • The acceptance or refusal of such conduct is used as the basis or a factor in decisions affecting an individual’s employment, education, living environment, or participation in a University community.
  • The conduct unreasonably impacts an individual’s employment or academic performance or creates an intimidating, hostile or offensive environment for that individual’s employment, education, living environment, or participation in a University community.”

Sexual harassment is a form of Sex Discrimination occurring in the workplace. A key part of the definition is the use of “unwelcome.”

There are two types (generally): quid pro quo and hostile environment.

  • Quid pro quo means “this for that.” Implying that a certain things will depend on the individual submitting to conduct of a sexual nature. For example, implying that a promotion will occur only if the employee goes on a date with their supervisor.
  • Hostile environment sexual harassment occurs when the conduct of sexual nature is intimidating, threatening or abusing

 

Learn more about what the law says about sexual harassment here.