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Another day, another new law! This time the State of Washington wants to fight distracted driving however, their new law that is effective July 23, 2017, is problematic. It only deals with texting but you can still use your phone in every other way. Weird! However, mark my words - this offense will one day be a crime. Call us to fight the charge!
The updates to the 2018 Whatcom County DUI Handbook are being finalized and the new edition of this guide will be available for free download at the end of December. The DUI Handbook is still the only significant resource in Whatcom County for those accused of DUI. Download your copy now!
Important steps to hiring a good Whatcom County criminal attorney.
Crawford v. Washington, 541 U.S. 36 (2004), is a United States Supreme Court decision that addresses the Confrontation Clause of the Sixth Amendment. Specifically the Court addressed the admissibility of hearsay statements in criminal cases. The Court held the Confrontation Clause allows a court to use its discretion to determine the reliability of non-testimonial statements. "Where testimonial evidence is at issue, however, the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination... . [T]he only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation."
With a new emphasis on deporting undocumented individuals, an individual must be protected.
Immigration and criminal convictions are on the mind of most every attorney who practices in criminal courts. Language advising those charged or convicted warning of the collateral consequences are to be found on all plea documents. Never more has this been an issue than now. This is one of the reasons for my latest book, Criminal Convictions & Immigration.
If you have been charged with a criminal offense it is important to realize that an arrest does not mean you are guilty. You have the absolute right to defend yourself in a court of law and to challenge the case filed against you. Hiring the right attorney is important, as not all attorneys focus on criminal defense and many don’t have the experience you deserve. Most attorneys are general practitioners who engage in several areas of law. Some only want to dispose of cases by having their clients enter a guilty plea. You deserve and should demand the very best Bellingham criminal defense attorney and this is never more true if you have been charged with a Felony in Whatcom County.
Do not trust your future and your freedom to a general practitioner whose experience with Washington criminal defense may be extremely limited. Do not trust your case to the lowest bidder or to a ‘plea lawyer.’ Bellingham criminal Lawyer David N. Jolly and his team of experienced Defense lawyers have extensive experience in criminal law and the complicated criminal court system, and he will ensure that your rights are protected and that you get the best possible result for your case.
As part of our promise to serve our clients better, we provide a wealth of information that others cannot offer. The information provided on this page give information on the court system, information necessary following an arrest for DUI in Whatcom County, and how to deal with the Department of Licensing. Although our information is helpful and thorough, we strongly advise taking time to sit down with a local Bellingham lawyer to discuss your case and the many options available to you.
Being arrested for a crime is one of life's worst experiences. If you have been arrested in Whatcom County for a crime you can also expect to be placed in Jail. However, if this does happen to you rest assured that you have experienced criminal defense lawyers in Whatcom County to rely on. David N. Jolly is an experienced criminal defense lawyer located in downtown Bellingham. Whatcom County defense lawyers are plentiful but our combination of experience and services cannot be matched, including a free copy of the Whatcom County DUI Handbook. David Jolly has authored 20 DUI and Criminal Defense books and has dedicated his professional life to protecting the rights of his clients.
One of the many frustrations with the court system is having to deal with the demands of the probation department. If you have been previously convicted of a criminal offense or the current criminal charge is deemed severe, you may be placed on "pretrial" monitoring with the Whatcom County Probation Department. Similarly, if you have prior criminal history or have not completed the mandatory requirements imposed by the Court before the resolution of your criminal matter in Whatcom County, you may be placed on active probation for a period of time. Active probation includes monthly meetings with a probation officer, the possibility of random alcohol and drug testing, and extraordinary expenses. One of the many goals of your Bellingham Criminal Defense lawyer is to minimize the damage caused to you. Reducing the length of or eliminating active probation in Whatcom County is one of those goals. To reduce the chance of active probation Bellingham DUI lawyers advise that you complete the anticipated mandatory requirements such as an alcohol evaluation, ADIS class, DUI Victim Panel, Defensive Driving Class or Anger Management Class before the conclusion of your criminal case.
Whatcom County courts are scattered throughout the County but the busiest are both located in downtown Bellingham. Whatcom County District Court and Bellingham Municipal Court are busy courts and process many thousands of people accused of behavior that is considered criminal. Whatcom County lawyers who are familiar with these courts will advise you similarly, which includes speaking to experienced criminal defense attorneys. Whatcom County has a reputation for swiftly dealing with an individual following their arrest for a crime. This results in a court appearance as soon as the next day. In many situations you many actually appear in the Whatcom County Jail courthouse for your criminal arraignment. Because of the haste in which Bellingham criminal cases are processed and the need to have an attorney with you during all criminal procedures it is imperative you or a loved one contact a local Bellingham criminal defense attorney as soon as you are able. Our advise is to request a complimentary consultation, meet with a lawyer and research the attorney thoroughly before hiring him or her.
As Washington State residents we value our privilege to drive. And a privilege it is, as opposed to a Right. This privilege can very quickly be removed if arrested for a crime in Whatcom County. In certain instances a criminal conviction in Bellingham or Whatcom County is not necessary to suspend an individual's license. Many crimes can cause damage to your driver's license without a conviction and those include a Whatcom County DUI, Physical Control and Minor DUI. If you have been arrested for any of these crimes in Whatcom County you must submit a hearing request form to the DOL within 20 days to preserve your ability to drive. Should you lose your driver's license due to a DUI, Physical Control or Minor DUI arrest or, are convicted of these crimes or other driving crimes, you must apply for a restrictive license, such as an ignition interlock license, to drive lawfully.
In many instances a formal arrest will occur after contact with law enforcement. The most obvious example in Whatcom County criminal cases are DUIs. When an officer has probable cause to believe an individual has committed a crime a formal arrest will likely occur. In some cases however, no actual arrest takes place and the individual must await notice, called a Summons, from the Court confirming that a criminal charge has occurred. After a Whatcom County arrest for a crime the individual must be advised of the Miranda Rights, which include the right to remain silent (do this) and the right to a Whatcom County criminal defense attorney (do this also). It is important to remain silent and immediate request to speak to a lawyer. Whatcom County has many on-call criminal defense attorneys who will speak to you immediately.
I contacted the Law Firm of David Jolly the day I was released from Jail. It was one of the lowest moments in my life. I was more concerned about my family and young child than I was myself and the impact a DUI conviction would have on them. David returned my call immediately, met with me on a Saturday and realy cared. My charged was reduced and I am so thankful. Thank you.
- Kevin, Bellingham, WA
Law Firm of David N. Jolly
218 W. Champion Street
Bellingham, WA, 98225
We are a team of dedicated and experienced criminal defense attorneys. Whatcom County is also our home and it is important to treat our clients with respect while at the same time working hard to achieve the best possible result. As experienced and knowledgeable criminal defense lawyers, we can help you! Call us today to see how our Firm can protect your Rights.