• Jeffrey D. Barrar P.S. | Vancouver Defenders

    Jeffrey D. Barrar P.S. | Vancouver Defenders

  • Jeffrey D. Barrar P.S. | Vancouver Defenders

    Jeffrey D. Barrar P.S. | Vancouver Defenders

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Jeffrey D. Barrar P.S. has grown to become the largest criminal defense firm in Southwest Washington. The firm has public contracts to represent indigent defendants in felony and misdemeanor cases and also represents privately retained clients.

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New on the Barrar Law blog...

State Supreme Court finds strict liability drug law unconstitutional

Washington lost the distinction of having one of the strictest drug laws in the nation on Thursday, when the state Supreme Court ruled it unconstitutional.

In a 5-4 decision, the state’s high court said the state’s strict liability law for felony drug possession went beyond the state’s policing power.

The ruling, State V. Blake, was in a case out of Spokane County. A defendant arrested for a non-drug crime was searched at the county jail, and a corrections officer found a small baggie of methamphetamine in a coin pocket of her jeans. At trial, she used a “those weren’t my pants” defense. Her attorney said it was a case of unwitting possession. The defendant testified a friend had given her the jeans two days prior to her arrest, and had bought them at a secondhand store.

Prosecutors did not prove that the defendant had known the drugs were in her pocket.

Under state law, possession of a controlled substance is a felony punishable by up to five years in prison. A person found guilty can also be ordered to pay a substantial fine and, as a convicted felon, lose rights and opportunities, the court noted.

“This case presents an issue of first impression for the court,” wrote Justice Sheryl Gordon McCloud in the majority opinion. “Does this strict liability drug possession statute with these substantial penalties for such innocent, passive conduct exceed the legislature’s police power? The due process clauses of the state and federal constitutions, along with controlling decisions of this court and the United States Supreme Court, compel us to conclude that the answer is yes – this exceeds the State’s police power.”

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Virtual court tips and links

For the foreseeable future, court appearances will be virtual. Here are some helpful tips and links:

1. For court appearances, you will need to download a free app, Zoom, either on your phone or computer. To download it, go here

2. If your case is being heard in Clark County District Court, on the day of your appearance find your name on the daily roster and click the meeting ID number, which is on the far right of the screen.

If you have a District Court hearing and you do not have a device on which you can download Zoom, you can call 1-888-788-0099 and enter your meeting ID number.

3. If your case is being heard in Clark County Superior Court, on the day of your appearance find your docket.  If you need to call in, use the phone number, meeting ID and password listed on the docket. 

4. Another useful, free app is Adobe Fill & Sign, which allows you to sign documents. There are different versions for different devices. Learn more about it here

 

Charge dismissed against protester

Attorney Daniel Mellen, who was appointed last year to represent one of the protesters arrested in downtown Vancouver, successfully argued earlier this month for the criminal charge to be dismissed.

His client, along with several other protesters, were arrested on Oct. 30 and charged with failure to disperse, a misdemeanor.

As reported at the time, the protests were in response to the fatal police shooting of Kevin E. Peterson, Jr.

In a pre-trial motion, Mellen argued the charge should be dismissed because prosecutors have insufficient evidence to prove a crime had been committed.

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Spencer wins DV assault trial

Attorney Marina Spencer won a not-guilty verdict Oct. 14 for a client accused of assaulting the mother of his child.

A jury deliberated an hour in Clark County District Court before unanimously deciding to acquit her client.

Fourth-degree assault domestic violence carries a maximum sentence of 364 days in jail and a $5,000 fine.

As Spencer told jurors during closing arguments, the woman made the allegation when she was frustrated things weren't going her way in family law court. 

At the time of the alleged assault, the client’s ex-girlfriend had been trying for months to get the parenting plan amended in Superior Court.

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