NOTABLE CASES SECTION
The smart, hard work we put in on all of our cases pays off. We have been able to get matters dismissed before trial, win at trial, or on appeal. When appropriate, we help our clients settle their cases on the best terms possible, given the individualized circumstances of their legal problems. We have all practiced criminal defense for a long time and there is an excellent chance that we have handled a matter similar to the one that brings you to us now.
MURDER, HOMICIDE AND MANSLAUGHTER
Exceptional sentence for murder reversed: Challenged the sentence of an individual convicted of the high-profile murder of a young, local musician and sentenced to 440 months in prison — 10 years above the standard range. The Court of Appeals reversed his sentence. (Jason Saunders)
Not guilty of first-degree murder: Obtained six not–guilty verdicts for a Skagit County man accused of first-degree murder, attempted first-degree murder and four other charges. The jury then returned an additional verdict finding that the defense proved self-defense to such an extent that the State was required to reimburse him for his attorney's fees, costs and lost wages. (Kim Gordon)
Murder conviction reversed and new trial awarded: After a young man was convicted for a first-degree murder that occurred during a conviction of a burglary, his conviction was reversed on appeal because the jury was not given an instruction on the lesser crime of first-degree criminal trespass. (Jason Saunders)
Not guilty of attempted first-degree murder: A “Not Guilty by Reason of Insanity” plea was obtained for man charged with the attempted first-degree murder of his wife. The court was persuaded that he should be allowed to return to the community and live with his family. (Kim Gordon)
Murder conviction reversed and new trial awarded: After a young man was convicted for a first-degree murder that occurred during the commission of a burglary, his conviction was reversed on appeal because the jury was not given an instruction on the lesser crime of first-degree criminal trespass. (Jason Saunders)
First-degree murder sentence reduced: Obtained a change of venue for a client facing retrial for first-degree murder and first-degree assault. A 42-year reduction in sentence was then negotiated. (Kim Gordon)
Second-degree murder conviction overturned on appeal: Persuaded the court to give client a new trial because his first jury was given a faulty self-defense instruction. (Kim Gordon
Manslaughter conviction reversed: Obtained reversal of a manslaughter conviction after arguing that the jury was given an erroneous instruction. (Jason Saunders)
VIOLENT OFFENSES
Threat to bomb and bank robbery convictions reversed: Convinced the Court of Appeals that the trial court was wrong to deny defendant's request to represent himself at trial. (Jason Saunders)
Robbery charges dismissed: A young man was accused of first-degree robbery and illegally possessing a firearm after the victim and witnesses picked him out of a photo montage. He would have faced more than 10 years in prison if convicted, but the charges were dismissed after arguing the identification process used was unlawful. The judge noted this was the first time in 10 years he had been persuaded to dismiss charges on this basis. (Kim Gordon)
Burglary sentence reversed: Successfully argued on appeal that the defendant was erroneously sentenced to Community Placement. (Kim Gordon)
“Contempt of cop” charges dismissed during trial: Charges of obstruction, resisting arrest and assaulting a police officer were dismissed during trial after demonstrating that the Seattle Police Department violated discovery orders and withheld evidence. Case became one of the factors motivating the City of Seattle to review Seattle Police internal investigation and civilian oversight policies and procedures. (Kim Gordon)
- http://www.thestranger.com/seattle/Content?oid=21109
- http://seattlepi.nwsource.com/local/321282_police26.html
Protesters defended: Helped successfully defend hundreds of WTO arrestees, and spearheaded the successful defense of dozens of clients arrested while engaging in other protest activities. (Kim Gordon)
SEX OFFENSES
Rape charges dismissed: Obtained dismissal of rape charges for two clients after demonstrating that they were innocent. A third case was resolved with a plea to misdemeanor assault and no further jail time after convincing 10 of 12 jurors to acquit. (Kim Gordon)
Child molestation conviction reversed: Successfully argued that the court erred when it allowed the jury to hear evidence that the defendant had a “lustful disposition.” (Kim Gordon)
Sex offender wins new civil commitment evidentiary hearing: A new evidentiary hearing was obtained for a civilly committed sex offender who had previously been denied the opportunity to show he was no longer a danger to the community. (Jason Saunders)
Conviction for a sex offense reversed and dismissed: A defendant convicted of communicating with a minor for immoral purposes had his conviction reversed and the charge dismissed because the State had not established that the conduct alleged was a communication to engage in sexual misconduct. (Jason Saunders)
Court erroneously revoked special sex-offender sentence: Successfully argued that the trial court exceeded its authority when it revoked client's SSOSA sentence. The alternative sentence was reinstated. (Kim Gordon)
Due-process protections for sex offender: Won appeal requiring the court to give a defendant due process protections before revoking his special sex offender alternative sentence. (Kim Gordon)
DOMESTIC VIOLENCE
No conviction in assault case: Represented a doctor charged with assaulting his 4-year-old child. Case ended without conviction after filing motions to challenge the sufficiency of the city's evidence. (Kim Gordon)
Conviction for threatening to kill a person reversed on appeal: Successfully argued that felony harassment conviction should be reversed because the jury was not instructed that they had to find that the victim of the crime was placed in fear that an actual threat to kill existed. (Jason Saunders)
Sentence condition prohibiting a father contact with his children reversed: After a father was convicted of felony violation of a no-contact order against his wife, the sentencing court ordered the father to have no contact with his children. Decision was reversed after successfully arguing that a father has a constitutional right to parent that may not be denied unless children were harmed. (Jason Saunders)
DRUG AND ALCOHOL OFFENSES
Sentence for defendant convicted of drug offense reversed: Showed that the trial court unlawfully denied the defendant's request for a drug offender sentencing alternative (DOSA), which would give him an opportunity to get drug treatment in the community rather than spend his entire sentence in prison. A new sentencing hearing was ordered. (Jason Saunders)
Drug conviction reversed due to constitutional right to privacy violation: Persuaded appellate court that the search of a car passenger and his personal possessions was an illegal invasion of privacy. The passenger's conviction was reversed. (Jason Saunders)
Drug conviction reversed due to unlawful police search: When police found a young man and his friend in an area where many car thefts had occurred, they stopped him, frisked him, opened a small container found in his pocket and found drugs. After persuading the appellate court that the search was illegal, the conviction was reversed. (Jason Saunders)
Right to appeal a standard range sentence: Successfully argued on appeal that the defendant, given a “standard range” sentence for his drug offense, had the right to appeal that sentence. (Kim Gordon)
THEFT, FRAUD AND WHITE-COLLAR CRIMES
No jail for 10+ thefts from bank: Represented man facing charges for more than 10 acts of burglary and theft from Western Washington banks. Negotiated an agreement for Pre-Prosecution Diversion, which resulted in client paying restitution and completing drug treatment instead of being charged, convicted, and sentenced to prison. (Kim Gordon)
Trafficking in stolen property convictions reversed: 14 counts of trafficking in stolen gasoline were dismissed after successfully arguing that, due to legislative error, defendant was convicted of a nonexistent crime. (Jason Saunders)
Deferred disposition for $76,000 theft: Obtained a deferred disposition to one count of Possessing Stolen Property in the First Degree for a 17-year-old accused of being involved in stealing and trafficking more than $76,000 in computer equipment. Client did not serve any time in custody, and was ordered to pay approximately $1,500 in restitution. At the end of the deferral period, the case was dismissed. (Kim Gordon)
Ticket scalping charges dismissed and law overturned: Won a major case against the Seattle Police Department for unconstitutionally enforcing scalping laws. The court found that the police were only enforcing the law outside Safeco Field when hired by The Seattle Mariners, but not against season ticket holders selling tickets on the Internet. (Kim Gordon)
JUVENILE CRIMES
Juvenile charged as adult sent back to juvenile court: Persuaded prosecutor to substantially reduce the charges against a 16-year-old facing multiple counts of first-degree assault and deadly weapon enhancements. As a result, client served 30-72 weeks in juvenile detention instead of more than 16 years in an adult prison. (Kim Gordon)
Possession of cocaine conviction reversed due to unlawful search: Juvenile court found a young woman guilty of possession for cocaine that police seized from a container inside her grocery bag. Persuaded the Court of Appeals to reverse the conviction by arguing that the police illegally removed and opened the container without any basis to believe that it had contraband or a weapon inside. (Jason Saunders)
Minor's revocation of deferred sentence reversed: A minor was given a deferred sentence on the condition that she had no new charges for a full year, but she was charged with a new offense after she had completed 360 days and only had five days remaining on her sentence. Persuaded the court that she “substantially complied” with her sentence and did not have to go to jail. (Jason Saunders)
Juvenile conviction overturned on appeal: Successfully argued that juvenile could not be convicted of misdemeanor assault and malicious harassment for the same act. (Kim Gordon)
Minor's conviction for having alcohol reversed: A minor in possession of alcohol conviction was reversed after successfully arguing that the State did not prove that alcohol was being consumed in a public place. (Jason Saunders)
PARENTAL RIGHTS APPEALS
Right to challenge a court finding that a child is dependent established: A father wanted to appeal the juvenile court's finding that his son was a dependent child. Persuaded the Washington Supreme Court that he had a right to do so. (Jason Saunders)
Parent with a disability wins the right to have special services offered: Persuaded appellate court to award a developmentally disabled mother a new trial on the termination of her parental rights because the Department of Health and Social Services had failed to offer available services that were capable of correcting her parental deficiencies. (Jason Saunders)
Termination order overturned. On appeal, order terminating right to parent overturned because lower court procedure violated father's constitutional due process rights. (Mick Woynarowski)
QUASI-CRIMINAL LITIGATION
Protection order granted. Helped concerned parents obtain a protection order to ensure their daughter's safety at school. (Kim Gordon)