Seattle Criminal Attorney | Confidentiality

Whether a Seattle criminal attorney, a civil lawyer, or only a ordinary self on the roadway, nearly every person has heard of and has a vague outline about what the attorney-client privilege is. If we haven't dealt with it straightforwardly in our private lives then we've virtually certainly had the occasion to see it in action on TV or in the movies.

But what is the attorney-client benefit in reality? Does it signify that when you tell a lawyer something that they can't tell anyone no matter what? And when does it start? Do you need to engage the criminal defense lawyer? And when does it finish? Will a criminal attorney in actuality take your secrets to their grave? Read on to have these inquiries answered.

Let's commence with what the benefit stands for. And, since I am a criminal attorney Seattle, we'll use it in the context of criminal law, even though it applies to other areas of the law uniformly. The attorney-client benefit is the thought that everything you inform your attorney, in private (when simply the two of you are in attendance) is confidential.

This stands for the attorney cannot reveal to anyone what you have spoken concerning. They can't tell their wife, they can't inform their allies, they can't tell the judge, even if ordered to do so. The only instance they can disclose is if the information you've told them is to perpetrate the commission of a crime or the loss of life or property of someone. It is a very powerful privilege.

And the most excellent thing is, the privilege starts right when you walk in the door. You don't even have to have hired the attorney for the benefit to attach. It occurs involuntarily, and even if you don't employ that attorney, they nonetheless have to keep your secrets secure. Let me offer you an illustration to show you how strong it can be. Let's say you are looking for a divorce and you go chat to a attorney concerning it.

You reveal to him all concerning your situation and what has been going on, he quotes you a fee, and you reveal to him it's too costly and go get someone else. A week later your spouse comes in and desires to talk to a lawyer concerning a divorce. The attorney not only can't take the case since he's already spoken to you and representing the spouse would create a conflict, but he can't inform the wife why he can't represent her! The husband would basically be sent away. That's how authoritative the benefit is.

And the privilege outlasts even your life. Your secrets die with the attorney. In the criminal law context there are examples of people who have confessed to murdering people (it isn't the commission of a future crime so it is private) to their attorney, another self is tried and convicted of the murder, and the attorney never told anyone regarding the confession (it obviously later came out, but not in any way that affected the client). So, essentially, your secrets are safe.

There is good reason behind this benefit - your criminal defense lawyer must know as much concerning your case as possible to present you the best defense possible. Without your information and candid conversation, that is nearly impossible. So, the next instance you are with your lawyer, don't be afraid to speak up. Your secrets are safe.

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Seattle Criminal Attorney | Ignition Interlock Devices = More Accidents?

John Scott Fox, a Seattle criminal attorney like me, over at Fox, Bowman, Duarte, posted an interesting article to his website the other day that I thought I might discuss as well. The article, which you can read here, points out that the new law passed by the Washington Legislature regarding Washington DUI arrests allows for a "rolling" interlock ignition test, even requiring one within ten minutes of starting the vehicle.

Fox goes on to point out that this rule, promulgated in WAC 2-4-50-110 (7) requires:

Each device shall require the operator of the vehicle to submit to a retest within ten minutes of starting the vehicle. Retesting shall continue at intervals not to exceed sixty minutes after the first retest. The device shall be equipped with a method of immediately notifying peace officers if the required retest(s) above is not performed, or if the result of the retest exceeds the lower of .025 BAC or the alcohol concentration as prescribed by the originating court.

Examples of acceptable forms of notification are repeated honking of the vehicle’s horn, repeated flashing of the vehicle’s headlamps, or the wailing of a small siren. Such notification may be disabled only by switching the engine off, or by the achievement of a retest at a level the lower of .025 BAC or the maximum allowable alcohol concentration as set by the originating court.

This means that whether you get a DUI charge, or whether your breath test was .08 or .22, and whether this was your first arrest or your tenth, you are going to be forced to take a breath test while driving your vehicle!

As a citizen of the State of Washington I'm happy that the Legislature wants to keep drunk drivers off the road, but as a criminal attorneys Seattle I'm a little appalled that my clients are going to have to subject themselves to an extreme safety hazard before they are even convicted of a crime!

As Fox's article points out, taking these rolling interlock ignition device breath tests have an 84% higher probability of having an accident than those without an interlock ignition device. I don't quite see how increasing the probability of accidents by a substantial amount keeps people safe. Maybe there is another DUI attorney in Seattle that agrees with me?

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