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Practice Advisories

WDA staff and the resource attorneys have created practice advisories on issues relevant to indigent defense. These documents are in Word format and you are encouraged to cut and paste them into your motions and other documents.

If you have an issue that you feel we should prepare an advisory on, let us know. If you have prepared practice advisories and would like to submit one for publication to the indigent defense community, please contact staff for publication to our data base.

As with all resources, WDA attempts to keep these documents current, but it is your responsibility to check the law for changes.

Here are the main subcategories for our Practice Advisories.

Below are the most recently updated documents and links in all practice advisories categories

Supreme Court Order on Infractions, FTAs, and DOL

The Washington Supreme Court issued an order allowing courts to delay reporting of FTAs on traffic infractions to DOL during the COVID 19 crisis.This advisory discusses the order and ways you might use it to benefit your clients. ...

Voting Rights Restoration with Client Handout- 2020 Update (8.2020)

This Practice Advisory discusses the process for restoration of voting rights, including a client handout that covers how to vote from jail.

Enhancements – How Applied – 2020 Update (8.2020)

This updated Practice Advisory explains the nuts and bolts of felony sentencing enhancements under the SRA.

Firearm and Deadly Weapon Enhancement- Proof Required (07.2020)

This practice advisory explains the proof the State must have to convict an individual of either a firearm or deadly weapon enhancement.

Category of Crimes-Felony-2020 Update (7.2020)

This advisory lists crimes by category including: non-violent, violent, serious violent, sex offense, most serious offense/three strikes/two strikes, indeterminate sex offense, serious traffic offense, crimes against persons, and ...

Vacate Misdemeanor w/2019 Legislative Update (5.2020)

This advisory discusses the rules for vacating a misdemeanor offense with the legislative updates from 2019, including the changes from The New Hope Act which expanded misdemeanor vacating.

Prosecutor Discretion to Seek Resentencing (5.2020)

This Practice Advisory discusses SB 6164, the 2020 legislation creating a new procedure for prosecutors to seek resentencing in felony cases.

Misdemeanors That Impact Felonies and Felony Sentencing (1.2020)

Necessity Defense (10.2010)

Bail Reform Resources and Support for Motions for Pretrial Release (01.2020)

The WDA Practice Advisory discusses the important reasons underlying pretrial reform and include resources produced by the WSBA Committee on Public Defense (CPD) in November of 2019. Also included are arguments defenders can use t...