So you've been accused of a misdeed. Maybe a DUI, perhaps an mugging, possibly a theft. And the prosecutor isn't providing you anything you feel at ease accepting as a plea bargain. Your Seattle criminal attorney informs you the lone option, if you do not care for the tender, is a trial.
You're okay with that, but are slightly uncertain concerning the minutiae. In particular, you aren't positive if you ought to demand a jury trial or request a bench trial. Your Seattle criminal attorney is promoting a jury trial, but you simply don't know if you can rely on a team of people you do not know to make the just verdict.
Selecting between a jury trial or a bench trial (where the judge makes the decision of your guilt or innocence) can at times be complicated. Let's look at a pair of scenarios that might require you to go one way or another.
To start with, the jury trial. Seattle DUI attorneys like jury trials since jurors frequently are not as worn-out as judges (they've heard plenty of excuses over the years and start to stop attempting to discover the disparity). They struggle rigorously to do the correct thing and will habitually grant you at least a fighting opportunity. But they can be unpredictable as well.
You frequently desire a criminal jury trial when the state of affairs is fairly unsupported, when you possess some inconsistencies in the facts that just don't make sense, and when you require the fact finder to give you the benefit of the doubt. Juries are capable of doing this. With judges it's slightly more complex.
After that, the bench trial. You habitually like to have these when you possess a exceedingly technical defense, the specifics of the case are exceptionally awful (the jury will almost be guaranteed to be hostile to you from the beginning), or you are going to base your argument on a legal issue that you imagine the judge will comprehend better than a jury. This also is a crap shoot, as judges, while not unpredictable, have a propensity to lean toward the prosecution.
In the end, the choice to go jury trial or bench trial ought to most likely be completed by your Seattle criminal attorney. They have the skill to understand which one to utilize, and they know the intricacy of the choice. No matter which you choose, though, it's in all probability going to be an uphill fight. Good luck!
Showing posts with label Seattle criminal attorney. Show all posts
Showing posts with label Seattle criminal attorney. Show all posts
1.05.2010
Seattle Criminal Attorney | Deciding to Take a Breath Test Just Got Tougher
Determining whether or not to undergo a breath test if you were detained for DUI used to be a huge determination. If you were asked to take on a blood alcohol examination and refused, you were subjecting yourself to increased consequences for refusing, but had the benefit moving ahead of not having to battle blood alcohol test results (something your Seattle criminal attorney would have enjoyed).
Well, now it appears more and more possible that the state of affairs may arise where you might say no a blood alcohol test, handle the worse penalties for the refusal, and in spite of everything be subject to giving blood alcohol results.
Most, if not all states, have created DUI laws that involve implied consent laws. In brief, these laws state that if you drive on the street in the state where an implied consent law exists, you are impliedly consenting to a breath test if the police possess probable cause to suppose you are DUI. Built into these implied consent laws, however, is the capability to say no the blood alcohol assessment if you so opt. The downside to denial, though, is the imposition of more stringent costs if found guilty of DUI (and a longer license revocation - for case, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).
But, things have changed a little recently. The police have started going to judges and asking for search warrants when people say no blood alcohol examinations. And numerous courts have upheld this system (the way the courts see it, the refusal has to do with the implied consent laws, not necessarily your right to be free from searches - that is covered by the fourth amendment, which can be overcome by demonstrating probable cause to a judge and getting a search warrant.
One detail is firm. If you have the capability to talk with an DUI attorney in Seattle prior to deciding whether or not to take a blood alcohol test, you ought to do so (and this is not just some law firm internet marketing scheme - it's really important). The issues revolving around breath analysis refusal are getting more and more knotty each day, and the only way you can be positive you are doing what is most excellent for you is by talking with an experienced Seattle criminal attorney and learning all of your options.
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Well, now it appears more and more possible that the state of affairs may arise where you might say no a blood alcohol test, handle the worse penalties for the refusal, and in spite of everything be subject to giving blood alcohol results.
Most, if not all states, have created DUI laws that involve implied consent laws. In brief, these laws state that if you drive on the street in the state where an implied consent law exists, you are impliedly consenting to a breath test if the police possess probable cause to suppose you are DUI. Built into these implied consent laws, however, is the capability to say no the blood alcohol assessment if you so opt. The downside to denial, though, is the imposition of more stringent costs if found guilty of DUI (and a longer license revocation - for case, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).
But, things have changed a little recently. The police have started going to judges and asking for search warrants when people say no blood alcohol examinations. And numerous courts have upheld this system (the way the courts see it, the refusal has to do with the implied consent laws, not necessarily your right to be free from searches - that is covered by the fourth amendment, which can be overcome by demonstrating probable cause to a judge and getting a search warrant.
One detail is firm. If you have the capability to talk with an DUI attorney in Seattle prior to deciding whether or not to take a blood alcohol test, you ought to do so (and this is not just some law firm internet marketing scheme - it's really important). The issues revolving around breath analysis refusal are getting more and more knotty each day, and the only way you can be positive you are doing what is most excellent for you is by talking with an experienced Seattle criminal attorney and learning all of your options.
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Seattle Criminal Attorney | The Traffic Stop
Seattle Criminal Attorney | Don't Smuggle Drugs
12.18.2009
Seattle Criminal Attorney | Probable Cause
Inside the world of DUI law, probable cause is what it's all about. It is compulsory for a official capture, and everything officers do, especially when it comes to criminal charges, is carried out to assemble sufficient proof to substantiate probable cause. But what is probable cause? It is a bit of an shapeless object, never having a clear line definitive state of being. As one famous Supreme Court Justice put "I comprehend it when I see it." Now hear it explained from a Seattle criminal attorney.
Before I start my explanation of probable cause, specifically as it relates to Seattle criminal charges, I want to emphasize that this article is for educational purposes. If you are charged with a Seattle DUI, please call a Seattle criminal attorney for discussion on your precise case. Do not rely on this as legal guidance, as each case is so factually diverse individual counsel is essential.
Probable cause is generally viewed as a mixed problem of law and fact. It requires extensive substantiation and a legal conclusion of probable cause. Significant support requires "a adequate quantity of facts in the record to influence a fair-minded, rational individual of the accuracy of the finding." It is the who, what, when, and where of the study.
For instance, let's pretend we have a guy driving around in Seattle subsequent to having consumed several cocktails. He is detained by a officer for speeding - 37 in a 25. He is otherwise driving normally, including pulling off to the side of the road in a sensible way. At this time there in all probability is no probable cause for criminal, despite the fact that there is probable cause for speeding. But what if when the police officer approaches the driver he smells a robust odor of beer and his eyes were watery and bloodshot. This may escalate to the level of substantial proof of DUI.
The second prong of probable cause is whether the evidence confirm a legal finding of probable cause. In essence, do the facts as recognized confirm a logical belief that a crime has been committed. In this set of circumstances, possibly so, perhaps not. Individuals are permitted to drink and then drive (just not when impaired by beer), and the watery eyes may be described away by something else.
So, what if the officer then asks the driver to complete field sobriety tests (which you can and ought to always refuse to do in the State of Washington) and he does, failing to tap his finger to his nose, failing to balance on one leg, and failing to touch heel to toe in a walk and turn test? Is that sufficient for an cop to derive a practical finding that the driver was driving under the influence of liquor? In all probability. It is certainly a stronger set of circumstances for the officer (although not definitive - injuries and weather circumstances may have been a factor, for example).
Now, why is this critical for you, the normal Seattle resident? Because it is crucial to know that whenever a cop stops you and begins to question you he is not fretful with your safety (except in those apparent situations) and is ordinarily attempting to gather adequate data from you to establish probable cause. And it is even more essential to recognize it is within your Constitutional rights to refuse to give him data he will in the end exploit against you (despite the fact that you ought to give your license, registration, and act considerately to the police officer).
If you do discover yourself likely to be captured for criminal, speak to the police as little as possible by saying no respectfully ("I'd respectfully refuse to answer that problem") and if things continue to heat up ask to have a minute to get in touch with your Seattle criminal attorney. Even if they get you to say things your Seattle DUI lawyer will have a decent chance of getting it thrown out (you must never waive our rights, for your information).
Thank for your reading the Criminal Attorney in Seattle Blog. Come back soon.
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Before I start my explanation of probable cause, specifically as it relates to Seattle criminal charges, I want to emphasize that this article is for educational purposes. If you are charged with a Seattle DUI, please call a Seattle criminal attorney for discussion on your precise case. Do not rely on this as legal guidance, as each case is so factually diverse individual counsel is essential.
Probable cause is generally viewed as a mixed problem of law and fact. It requires extensive substantiation and a legal conclusion of probable cause. Significant support requires "a adequate quantity of facts in the record to influence a fair-minded, rational individual of the accuracy of the finding." It is the who, what, when, and where of the study.
For instance, let's pretend we have a guy driving around in Seattle subsequent to having consumed several cocktails. He is detained by a officer for speeding - 37 in a 25. He is otherwise driving normally, including pulling off to the side of the road in a sensible way. At this time there in all probability is no probable cause for criminal, despite the fact that there is probable cause for speeding. But what if when the police officer approaches the driver he smells a robust odor of beer and his eyes were watery and bloodshot. This may escalate to the level of substantial proof of DUI.
The second prong of probable cause is whether the evidence confirm a legal finding of probable cause. In essence, do the facts as recognized confirm a logical belief that a crime has been committed. In this set of circumstances, possibly so, perhaps not. Individuals are permitted to drink and then drive (just not when impaired by beer), and the watery eyes may be described away by something else.
So, what if the officer then asks the driver to complete field sobriety tests (which you can and ought to always refuse to do in the State of Washington) and he does, failing to tap his finger to his nose, failing to balance on one leg, and failing to touch heel to toe in a walk and turn test? Is that sufficient for an cop to derive a practical finding that the driver was driving under the influence of liquor? In all probability. It is certainly a stronger set of circumstances for the officer (although not definitive - injuries and weather circumstances may have been a factor, for example).
Now, why is this critical for you, the normal Seattle resident? Because it is crucial to know that whenever a cop stops you and begins to question you he is not fretful with your safety (except in those apparent situations) and is ordinarily attempting to gather adequate data from you to establish probable cause. And it is even more essential to recognize it is within your Constitutional rights to refuse to give him data he will in the end exploit against you (despite the fact that you ought to give your license, registration, and act considerately to the police officer).
If you do discover yourself likely to be captured for criminal, speak to the police as little as possible by saying no respectfully ("I'd respectfully refuse to answer that problem") and if things continue to heat up ask to have a minute to get in touch with your Seattle criminal attorney. Even if they get you to say things your Seattle DUI lawyer will have a decent chance of getting it thrown out (you must never waive our rights, for your information).
Thank for your reading the Criminal Attorney in Seattle Blog. Come back soon.
Related Posts:
First Court Appearance on Your Criminal Charge - Arraignment
Seattle Criminal Attorney and Search Incident to Arrest
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