Monday, September 24, 2018

Police agencies that prioritize fines are less effective


After the events in Ferguson, Missouri, the Justice Department began looking into the practices of the Ferguson Police Department. The results on their investigation should that the police routinely violated the rights of minorities.


The results were not surprising. Departments where a greater share of revenue came from fees, fines, and civilly forfeited assets closed much fewer violation crimes and property crimes. 

There are many ways that police can generate revenue, but it seems like something that should not be a main priority. It mis-aligns the police agenda with that of the population that they are there to serve. It takes attention away from actual crime and turns the police into a collection agency. The police should be funded through taxation and not have their interests aligned against the interests of the citizenry. 

Friday, September 7, 2018

What should I do if I get cited with a traffic ticket in Washington?


If you get a traffic ticket you generally have a few options to choose from.

The first option is admit the ticket. Admitting it means that you are admitting what happened and agreeing that you will be responsible for the full financial penalty. This will also happen if you do not respond to the ticket. If the violation is a "moving violation," it will be reported to your insurance and can raise your rates.

The second option is to mitigate the ticket. This is virtually the same as admitting the ticket, but you will be allowed to present an explanation and ask for a reduced fine. This will still affect your insurance.

The third option is to contest the ticket. You do not necessarily need an attorney, but your chances of success usually will dramatically increase with the assistance of an attorney. Contesting the ticket means that you will be responsible for knowing the court rules and rules of evidence applicable to traffic tickets. You will have an opportunity to present your case, to challenge the government's case, or both. If you lose, the ticket will be found committed, same as option 1.

The last option is to defer the ticket. This typically means that you agree to certain times, usually the payment of a fine and sometimes traffic school, and agree to stay out of trouble for a period of time, usually one year. If you complete the deferral, the ticket will be dismissed. However, if you do not comply, it will be found committed.

Thursday, September 6, 2018

What is criminal child abuse in Washington?


Sometimes I get asked where the line is in terms of physical discipline of children (hitting, spanking, etc.).

In the State of Washington, physical child abuse is not its own crime, but is instead encompassed by the crime of "assault." Assault is broadly defined as any harmful or offensive touching done without the consent/permission of the other person.

However, there is a defense to this allegation if the person accused of assault is a parent or the discipline and the alleged victim is a child. Force is authorized if it is approved in advance by the child's legal parent or guardian for the purposes of restraining or correcting the child.

Any force used must be reasonable and moderate. Also, the law in question, RCW 9A.16.100, presumes that certain forms of discipline are unreasonable (illegal). Those actions are: throwing, kicking, burning, or cutting a child; striking a child with a closed fist; shaking a child under 3; interfering with a child's breathing; threatening a child with a deadly weapon; or any other act that either causes or is likely to cause harm greater than transient pain or temporary marks.

So, physical discipline is acceptable to a degree. It is important to now come close to the line as it could end up in criminal court (and CPS court).


 

Black man detained while moving into his own home and then harassed

A 61 year old veteran was held at gunpoint while moving. He was handcuffed at the scene and investigated. After the incident, the police ...