Mandatory Arrest Statute

2012-01-10T20:12:00.001-08:00

One of the worst laws in the State of Washington is "The Mandatory Arrest Statute". Unless you've been through the nightmare that is our Domestic Violence legal system, you would be shocked to learn about our broken system.

The first problem with Washington's Domestic Violence laws is the definition of Domestic Violence. Commence sense would dictate that Domestic Violence would mean violent crimes against people in a dating or marital relationship. This is the case, but unfortunately, DV also includes minor crimes such as Disorderly Conduct or Malicious Mischief. It also includes these minor crimes when committed by siblings, roommates, cousins, parents, aunts, and even former roommates.

The DV system was put in place in order to provide extra protection for those in vulnerable or unequal domestic positions. There are of course obvious situations where the system works. However, I see a great percentage of DV prosecution focussed on situational disputes which would not even be considered for prosecution if not for the broad definition of "Domestic Violence".

This brings me to the second problem with our DV laws, which is the "Mandatory Arrest Statute". This horrible piece of legislation takes all discretion away from the police, and requires that an officer arrest and book into jail any person for whom Probable Cause for arrest is found. The problem with this is the threshold for Probable Cause is merely would a reasonable officer believe that a crime may have been committed. On cases like harassment or disorderly conduct, this is a threshold that any dispute could meet. So what ends up happening with the Mandatory Arrest Statue is every time the police are notified of a potential "Domestic Violence" scenario, someone goes to jail. Where a police officer would like to exercise discretion, they have no authority.

This then begins a chain reaction where the accused is forced to remain in jail until a judge can order No Contact with the alleged victim. Most of the time this is two days in jail. Afterward they are forced to maneuver through a system where innocent until proven guilty seems to have been forgotten. Even though the crimes them selfs are minimal, the DV tag can have long lasting implications. Often times the accused are forced to hire lawyers, set their cases for trial, and be prepared to defend them selfs at jury trial before the State is forced to truly look at the case.

If the police were allowed discretion at the outset, many of these cases would never be filed. Likewise, of not for mandatory arrest and jail, the prosecutors office would not feel a need to continue the facade.

I love having the ability to balance playing field in cases that are so patently unfair. But ultimately this is a system that needs fixing.

Cowlitz Union Workers Have To Wait

2011-12-08T16:25:00.001-08:00

A Cowlitz County District Court judge is considering a longshore union request to dismiss criminal trespassing charges against dozens of dockworkers and their supporters who are alleged to have participated in a Sept. 7 protest at the EGT grain terminal at the Port of Longview.

Read more: http://tdn.com/news/local/judge-delays-ruling-on-sept-ilwu-trespassing-charges/article_0f17b0ea-1bcc-11e1-b3b8-001cc4c03286.html#ixzz1fzaDez51

Great Breakfast Idea

2011-12-08T16:02:00.000-08:00

The Law Office of Matthew Philbrook, P.S.

Mandatory Arrest Statute

Cowlitz Union Workers Have To Wait

Great Breakfast Idea