Archive for September, 2012

People arrested over the weekend for DUI in Spokane are typically cited by the officer and told to appear in court at on Monday. Here is what you can expect at that 3 p.m. Monday court date.  

DUI and other misdemeanors are usually heard in the public safety building behind the old picturesque courthouse.

Where to go:

Usually the ticket from the officer tells you to go to courtroom 1.  This courtroom is in the public safety building behind the Spokane County courthouse.  You have to go through court security to get inside, so come early because there is sometimes a line.  Leave any unnecessary belongings in your car because the metal detector can be quite sensitive.  You will be asked to take off your belt before you go through.  The actual courtroom is on the east side of the building up a long flight of stairs on the mezzanine. Dockets listing everyone’s name are  posted outside the courtroom.

What will happen:

The judge will go through the docket and do a roll call to see who is present.  Usually the judge will take the cases that have private attorneys first.  This first court date us usually call a “first appearance” or “preliminary appearance” or sometimes a “bail hearing.”  The purpose of the hearing is to make sure there is probable cause for the charge, to set conditions of release, and to see if a defendant will be needing a public defender.

— Probable case:

Typically the prosecutor will read (or summarize) a police report and will ask the judge to find probable cause for a charge of DUI.  This hearing does not require proof beyond a reasonable doubt.  People often feel as if the officer makes some exaggerations or embellishments.  However, this is not the time for you to tell your side.  It is best to say as little as possible until you can talk to an attorney.  The judge will tell you this too if you try to speak about the incident.  If the judge finds that there is probable cause for the offense, then he or she will set conditions of release.

— Conditions of release:

The judge will order you to obey all laws and to not drink alcohol until you get your DUI case resolved.  If you have a prior history of DUI charges, the prosecutor may ask that you be held on bail, or he may ask that you sign up for random urinalysis tests to determine if you have been drinking.  Also, you may be ordered to wear an alcohol monitoring bracelet on your ankle.  The judge may ask that you remain in the State until your case is resolved.  So if you work in North Idaho, or have good cause to leave the state, now is the time to let the judge know this.  Often times a person will be asked about their ties to the community.  A judge doesn’t want a defendant fleeing the state.  So you may be asked how long you have lived in the area, or if you have a job or family or own property in the State.  The judge will fill out this form and ask you to sign it.  You will be given a copy to take with you.

— Appointment of an attorney:

If you are asking that an attorney be appointed at public expense, you will be asked to fill out a form that asks you about your income and assets.  If you qualify for a public defender you will be told how to contact him or her.  There are usually public defenders present in court that will offer assistance.  If you will be hiring a lawyer, the judge will usually give you a week or two to get this done before the next court date.

The next step:

The next step is usually to meet with your lawyer.  The lawyer will request a copy of the police reports, and may seek out other information.  Sometimes the police will have video from a dashcam in their car, or a video camera in the jail.  Occasionally a security camera will capture the DUI stop itself.  Attorneys will sometimes request a copy of the radio traffic of the officer discussing the case with dispatch.  It is important  to request such information right away so the file is not recorded over.

For more information on DUI, visit our website, or our other articles on deferred prosecutions, marijuana DUI, DUI under .08.

The Spokane area has seen an increase in criminal charges related to fake ID possession.  Particularly in the area of Gonzaga University, local officials have noted an uptick in the number of cases.  Parents are often disturbed to hear that a son or daughter has been charged with possession of a fake ID.  The alcohol consumption alone may not be a surprise, but charges for fake identification can create concerns about the teen’s future.  Charges for a fake ID can vary, but they always involve a mandatory court appearance, and a risk of jail time and a criminal record. The typical charge for possession of a fake ID is RCW 66.20.200 which makes it a misdemeanor to procure or possess a card of identification not issued to him or her.  As with any misdemeanor, the offense is punishable by up to 90 days in jail and $1000 fine. Supplying another with a fake ID is a gross misdemeanor under RCW 66.44.328 and is punishable with a sentence up to 1 year in jail and a $5,000 fine.  Alterations to an existing identification card have also been known to result in felony forgery charges in certain circumstances.

A charge for possession of a fake ID or driver’s license usually arises when an underage person is caught in a bar or tavern by the police.  Charges can also arise when a bartender, doorman, or bouncer seizes a fake ID from a young person attempting to get served.  Bars and clubs, particularly in more metropolitan areas such as Spokane, use ID scanners that can electronically check the validity of an ID, and often times photograph or document the use of the fake driver’s license.  There is no consistent way that bar owners handle this issue.  Some taverns are quick to contact law enforcement, whereas other bars will simply eject underage would-be patrons.   Some establishments will scrutinize an ID or driver’s license carefully to detect forgeries, where other clubs will seemingly accept any “identification.”

When the police discover a fake ID, it is often due to a law enforcement check on a bar or night club.  Sometimes, in areas such as Spokane or Pullman, law enforcement will stage a dramatic “raid” on a night club.  However, more often police will visit a tavern to respond to someone who has passed out at the bar.  In these “raids,” the police are also after the tavern owners who they feel are profiting off the illegal sales to minors.   Usually it is something else that gets the officer’s attention, such as threats made, or rowdy behavior.

A conviction for having a fake ID can be troublesome for the future of a young adult.  Such a conviction can cause problems with security clearances, or getting a job at a bank.  Often times financial institutions or other related corporations will reject job applicants with such convictions.  All employers look at is a criminal record on paper, and not the underlying circumstance.  Employers don’t necessarily distinguish between a fake ID used by a teen to keep up with older friends, and a fake ID that is used to commit fraud, criminal impersonation, ID theft, or used to threaten national security.

Using Someone Else’s Driver’s License

A common way in which a minor produces a “fake” ID, is when he or she produces the license of another person who the minor feels looks similar.  This is prosecuted under the same statutes as discussed above.  Usually the “similarity of appearance” is not assessed by anyone objective and the bartender recognizes the ruse.  However, not all bartenders or doorman are very careful.  Being caught with the license of another often will cause the police to wonder if the license holder gave the license in question to the minor.  When questioned by police, the minor faces the uncomfortable choice between incriminating an older friend, and confessing to the “theft” of the license of another.  When faced with that question, occasionally a savvy teen that will decide that it might be time to talk to the family lawyer rather than dig themselves further into a hole.

Fake ID over the Internet

In eastern Washington it is becoming increasingly common for college students to obtain fake IDs over the internet.  Fake identifications are often advertised on sites that are popular with college kids.   Facebook doesn’t accept advertisements for fake IDs but other social networking sites do accept such advertisements.  These fake IDs are often advertised as “novelty items” thus leading young people to think that having a fake ID is not a serious matter.  Websites in the US that offer fake IDs are usually shut down rather quickly by the FTC (Federal Trade Commission).   Usually the sites that currently offer the most sophisticated fake IDs are operating overseas in such countries as China.  These fake IDs often come with working bar codes, holograms, and hidden markings visible only by ultraviolet light.  Usually fake IDs consist of imitation driver’s license from other states.  It is often difficult for bartenders and bouncers to spot a fake ID from another jurisdiction.  In college towns it is not unusual for students to keep their identification from their home state through all four years of college.

For more information on the court system process for a fake ID, visit out website.