Whatcom County clients seek bilingual legal professionals
Whatcom County clients seek bilingual legal professionals
Vigorous Cross-Examination Leads To Dismissal
Our client’s legal odyssey began in 2020 with allegations of rape and child molestation. Victory Legal took over the case in the summer of 2024, and proceeded to trial on October 21, 2024. Jury selection took several days. Before opening statements began, the Jessica Gill-Sekhon and Mark A. Kaiman re-interviewed the alleged victim, who completely changed her story. New details were added that had never been heard before. Key events in the timeline were changed and embellished. Outstanding trial preparation and a vigorous cross-examination during the interview won the day for our client. The prosecution realized that they could never prove their case beyond a reasonable doubt, and moved to dismiss the case the following morning. Because a jury was empaneled, double jeopardy attached and our client can never be re-tried for the same crimes.
Client Case Dismissal on First Ammendment
Our client was charged with Obstructing a Law Enforcement officer because the police didn’t like being criticized at a traffic stop. The First Amendment of the United States Constitution stands as a guardian protecting citizens against criminal prosecution when exercising their constitutional right to speak, to witness and engage in the political process, and to criticize governmental activities. The law prohibiting Obstructing a Law Enforcement Officer cannot be used to limit a citizen’s criticism, even if it is abusive criticism, directed at police officers. Mark A. Kaiman and Victory Legal sprang into action and brought a motion to dismiss arguing that under the law, the prosecution couldn’t prove the elements of crime at trial. Our client’s vital First Amendment rights were upheld, and the case was dismissed.
Client Charged with Assault 4th Acquitted
Sometimes the police just get it wrong. At Victory Legal, we get it done right. Our client was charged with driving without a required ignition interlock device, but some good old fashioned investigative work by Mark A. Kaiman and the staff and Victory Legal proved beyond any doubt that the police didn’t read our client abstract of driving record (ADR) correctly. Their confusion resulted in a criminal charge that could never have been proven in court, and the prosecution was forced to dismiss the case. Our client avoided jail time and adverse Dept. of Licensing consequences.
Police Error Leads to Client’s Case Dismissed!
Sometimes the police just get it wrong. At Victory Legal, we get it done right. Our client was charged with driving without a required ignition interlock device, but some good old fashioned investigative work by Mark A. Kaiman and the staff and Victory Legal proved beyond any doubt that the police didn’t read our client abstract of driving record (ADR) correctly. Their confusion resulted in a criminal charge that could never have been proven in court, and the prosecution was forced to dismiss the case. Our client avoided jail time and adverse Dept. of Licensing consequences.
Seeking a Sexual Assault Protection Order (SAPO)?
What is a Sexual Assault Protection Order (SAPO)? A Sexual Assault Protection Order (SAPO), is a restraining order issued by a judge that makes it a crime for a sexual perpetrator to have contact with the victim of sexual assault or abuse.
Options After Receiving a Speeding Ticket
Speeding tickets—they’re great at making a bad day worse. You’re already running late to work, going ten miles over the speed limit to make up for lost time, when you see the flashing blue lights pull out behind you and hear the sirens blaring. After the officer hands you the speeding ticket, the clock starts […]
Attorney Adrian Madrone Earns 5-Stars for Criminal Defense Case
LKM Criminal Defense Lawyer Adrian Madrone recently received an excellent review received from criminal defense client’s parents. His review is posted to Avvo.com, the world’s leading online legal services marketplace. Avvo is a legal marketing website that rates lawyers and allows potential clients to post legal questions and receive replies from participating lawyers. And it […]
Five Common Myths of Criminal Cases DeBunked
Criminal case law for non-lawyers can be confusing and complicated, and many people come to believe some odd things. Does my criminal case get dismissed if an officer doesn’t read me Miranda rights? Is eyewitness testimony really evidence? Sometimes the answers are clear and sometimes they are complicated. Rumors and misconceptions do not make it […]
DUI Stop: Can Drivers Refuse a Breathalyzer Test
Rules for Breathalyzer Testing During a DUI Stop. It may surprise you to learn, that in Washington State, there is no law requiring drivers to submit to breathalyzer testing at any time during a DUI traffic stop. However, there are some incidental ramifications that a driver could face from choosing to decline breathalyzer testing. What […]
Why having a Last Will and Testament is so Important.
Last Will and Testament: the legal document you probably never realized you needed. Many people do not realize that having a current Last Will and Testament is arguably one of the most important things you can do for yourself and your family. Not only can it legally protect your spouse, children, and your assets, but […]
Under Arrest by The Police? What is an Arrest and What are Your Rights?
“You’re under arrest!” We often see arrests on TV and see it depicted in movies. And if you have ever had those words spoken to you by a law enforcement officer, you know how ominous and chilling they are. But most people do not realize that the police power of arresting people can only be […]
Got a Traffic Ticket? What You Need to Know About Fighting It.
Local law enforcement is planning a crackdown on speeding. What will you do if you get a traffic ticket? We can help. On Sunday, July 31st, the Bellingham Herald reported that Whatcom County law enforcement is conducting emphasis patrols on speeding from August 5th through Sunday, August 7th. When emphasis patrols are announced, we usually get questions about […]
Attorney Adrian M. Madrone Earns Client’s High Praise For Recent DUI Defense Work
LKM Defense Team member Adrian M. Madrone was recently honored with a client’s high praise which was posted on, Avvo.com, the world’s foremost online legal services marketplace. Avvo is a legal marketing website which rates lawyers. It allows clients to locate the highest ranked legal providers to suit their needs. Read the client’s high praise […]
The Border Hold, Posting Bail in Criminal Cases, and What Happens Next
What is the Border Hold Process and Can You Post Bail in a Criminal Case With a Border Hold on You? As criminal defense attorneys practicing law near the border in Bellingham, WA, we sometimes have to deal with the “border hold” process, posting bail for international clients, and the U.S. Federal rules for […]
Getting Your Firearms Rights Restored.
Want your firearms rights restored? Here’s an outline of what we do four our clients in this area: How does someone lose the right to own a gun in Washington State? A person can lose the right to own or possess a firearm in several ways, and there is no easy way to get your […]
DUI Arrest: Should I Take a DUI Breath Test?
Whether or not to take a DUI breath test? It’s a common question with a complicated answer. To be clear, there are two different things that might be referred to as a “DUI breath test.” First, there is a small handheld device that an officer might offer on the side of the road. This is […]
When DUI Refusal Cases Go to Trial and Win.
Whatcom County DUI refusal cases are notoriously difficult to defend in court. Especially when the allegation is that the person was driving under the influence and then after being arrested, that they refused to take a breath test. If a defendant gets convicted of a refusal DUI, they will face enhanced penalties including up to […]
Legal Question: What if I am on Probation for a DUI Charge but Failed to Report Alcohol Use?
QUESTION: I had a DUI charge and decided to go on a deferred prosecution. I receive a form every month asking me to report if I have used drugs or alcohol. The form states that it is signed under penalties of perjury. If I write “no”, and the court finds out that I drank or […]
Washington Criminal Law 101: What is a Felony Offense?
People often ask us, what is a felony offense? What will happen if I am convicted of a felony offense? What can be done to prevent being convicted of a felony offense? First off, a felony offense in Washington State is a serious crime for which the punishment may be more than one year in […]
DUI Defense: Washington State Now Has Toughest DUI Laws Anywhere
Having an excellent DUI Defense in Washington may have just got more important as on On March 31, 2016, Washington Governor Jay Inslee signed a bill that will double the maximum fine and prison sentence for a felony-level driving under the influence conviction. Earlier this month, he also raised the punishments for vehicular assaults and […]
Students: Act Smartly and Know Your Rights in Any Police Encounter
Act Smartly and Know Your Rights in any Police Encounter. We begin with debunking six common myths among college age students with regard to criminal law and criminal procedure. 1. MYTH: The police must automatically read Miranda rights and warnings to you as soon as you are placed under arrest. FACT: No, in the State […]
Welcoming a New Jail Alternatives System to Bellingham Municipal Court
Bellingham Municipal Court’s new jail alternatives system uses electronic home detention bracelets administered by a local non-governmental company. The Bellingham City Council has approved a new jail alternatives system designed to help reduce Whatcom County Jail overcrowding issues. Called “BRIC,” which stands for Bellingham Reduced Incarceration Challenge, the program became effective March 1, 2016. Eligible […]
Getting to Know Washington’s New DUI Breathalyzer: The German Made Dräger Alcotest 9510
Washington State’s new DUI breathalyzer is called the Alcotest 9510, which is manufactured by a German company called Dräger Industries. In 2005, the Washington State Patrol wanted to replace its aging fleet of DataMaster and DataMaster CDM DUI breathalyzer machines which had been in service since 1984. After DataMaster manufacturer National Patent Analytical Systems, announced […]
Legal Question: Criminal Defense and Past Offenses
Can the prosecution bring in something I did in the past to try to sway a jury? While generally the answer in a criminal defense trial would be no, it is hard to answer the question without a lot more detail about the charges, the trial, and all the circumstances. If you are facing a […]