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 lawyer. Show all posts
Showing posts with label Seattle criminal lawyer. Show all posts
12.08.2009
Seattle Criminal Attorney | Plea Bargaining
The most awful state of affairs situation has happened. You went to that birthday bash last weekend in downtown Seattle that you knew was going to end up being outrageous (complimentary cocktails will do that to you). You considered securing a ride to and from the party, nevertheless in the end decided it was exceedingly annoying to pay for a taxi. On the route home to Seattle, it happened. A Seattle cop pulled you over and in the end arrested you for Seattle drunk driving. You've retained a Seattle criminal attorney however are anxious about how everything is going to turn out.
If you've been viewing Law and Order, Boston Legal, Murphy Brown, or several of the other legal programs on TV, or if you've spoken to anyone that has had legal difficulty before, then you grasp a little bit concerning how the process works. First, your Seattle criminal attorney is going to (or should) undertake an in-depth look at your situation, including the police reports, any videotape that exists, and interviewing any witnesses that may exist. Next, they are going to have you obtain an alcohol valuation, which, depending on what it says, will have an consequence on the path of the plea negotiations. Following that, they'll phone up the prosecutor and see what they can work out.
But what are the options? What is likely? From the very beginning it is crucial to appreciate that Washington driving under the influence laws (and drunk driving laws across the nation) are several of the most strict when it comes to plea bargaining. No legislator wants to be accountable for releasing a drunk driver who goes out and drives impaired yet again and causes harm (even though individuals can drive devoid of a license). This makes it decently difficult to plea bargain with the prosecutor, particularly to get a driving under the influence charge reduced to something lesser. But there are several choices. earlier I get going, it is imperative to bear in mind that the judge doesn't have to accept a plea bargain. The court can always impose their own punishment.
Initially, it may be possible to persuade the prosecutor to prosecute your drunk driving as a initially drunk driving even though you have a earlier infraction in the preceding 7 years. This allows your Seattle criminal lawyer to get a lower sentence, lower fines, and reduced license revocation (though this will frequently not affect the administrative license suspension as they work separately of the prosecutor's office).
Next, it may be probable to get some of the accompanying charges dismissed. If you were pulled over for a cracked tail light, this may not seem like much. But if your drunk driving charge is accompanied with leaving the scene of an accident, fleeing and alluding, or something similar, getting those dismissed can be a acceptable outcome.
Third, in several instances, when the prosecutor's state of affairs is reasonably flimsy, you might be able to plead down the drunk driving to reckless driving. This is advantageous for the reason that it reduces the driving suspension, there is no mandatory jail time, and there is no ignition interlock condition. It will require the high risk insurance, but if your license has already been suspended administratively, you have to have that anyway. If you can get negligent driving 1st degree, you don't even have to have the high risk insurance, and many insurers treat it as a couple of speeding tickets, if they observe it at all.
In some occasion, if you desire to get the best deal, you've got to find a criminal lawyer in Seattle that is dependable, honest, and has a good quality reputation at the prosecutor's office (for being a straight shooter, not necessarily a person the prosecutor likes). If your driving under the influence attorney brags about pulling one over on the prosecutor's office, you can expect that either the prosecutor is going to see through it, or the DUI lawyer in Seattle has done it previously, and you are not going to be assisted because of it.
Lawyering is an art and a science, but if you don't possess reliability, you won't get that much needed benefit of the doubt. It could result in a much harsher sentence than was initially possible.
Related Posts:
If you've been viewing Law and Order, Boston Legal, Murphy Brown, or several of the other legal programs on TV, or if you've spoken to anyone that has had legal difficulty before, then you grasp a little bit concerning how the process works. First, your Seattle criminal attorney is going to (or should) undertake an in-depth look at your situation, including the police reports, any videotape that exists, and interviewing any witnesses that may exist. Next, they are going to have you obtain an alcohol valuation, which, depending on what it says, will have an consequence on the path of the plea negotiations. Following that, they'll phone up the prosecutor and see what they can work out.
But what are the options? What is likely? From the very beginning it is crucial to appreciate that Washington driving under the influence laws (and drunk driving laws across the nation) are several of the most strict when it comes to plea bargaining. No legislator wants to be accountable for releasing a drunk driver who goes out and drives impaired yet again and causes harm (even though individuals can drive devoid of a license). This makes it decently difficult to plea bargain with the prosecutor, particularly to get a driving under the influence charge reduced to something lesser. But there are several choices. earlier I get going, it is imperative to bear in mind that the judge doesn't have to accept a plea bargain. The court can always impose their own punishment.
Initially, it may be possible to persuade the prosecutor to prosecute your drunk driving as a initially drunk driving even though you have a earlier infraction in the preceding 7 years. This allows your Seattle criminal lawyer to get a lower sentence, lower fines, and reduced license revocation (though this will frequently not affect the administrative license suspension as they work separately of the prosecutor's office).
Next, it may be probable to get some of the accompanying charges dismissed. If you were pulled over for a cracked tail light, this may not seem like much. But if your drunk driving charge is accompanied with leaving the scene of an accident, fleeing and alluding, or something similar, getting those dismissed can be a acceptable outcome.
Third, in several instances, when the prosecutor's state of affairs is reasonably flimsy, you might be able to plead down the drunk driving to reckless driving. This is advantageous for the reason that it reduces the driving suspension, there is no mandatory jail time, and there is no ignition interlock condition. It will require the high risk insurance, but if your license has already been suspended administratively, you have to have that anyway. If you can get negligent driving 1st degree, you don't even have to have the high risk insurance, and many insurers treat it as a couple of speeding tickets, if they observe it at all.
In some occasion, if you desire to get the best deal, you've got to find a criminal lawyer in Seattle that is dependable, honest, and has a good quality reputation at the prosecutor's office (for being a straight shooter, not necessarily a person the prosecutor likes). If your driving under the influence attorney brags about pulling one over on the prosecutor's office, you can expect that either the prosecutor is going to see through it, or the DUI lawyer in Seattle has done it previously, and you are not going to be assisted because of it.
Lawyering is an art and a science, but if you don't possess reliability, you won't get that much needed benefit of the doubt. It could result in a much harsher sentence than was initially possible.
Related Posts:
Seattle Criminal Attorney | DUI Consequences
Seattle Criminal Attorney | You Need to Know One
7.26.2009
Seattle Criminal Attorney | Crossing the Breath Test Expert
If you are a brand new Seattle criminal attorney or a seasoned veteran the same universal truth still remains - the DataMaster is a mysterious beast that is hard to get your hands around. Buzzwords like thermister, slope detector, and infrared spectroscopy. As a criminal defense attorney, how do you wrap your hands around that well enough to successfully cross examine an expert on the subject? The short answer - just like you do for everything else - prepare. The long answer? Read the Criminal Attorney in Seattle Blog below.
The first rule of examining an expert witness like this is not to forget that you are not an expert. Don't get in a battle of wits with them, for two reason. One, you will lose. And two, you will end up giving the expert a chance to talk theory, science, process, and mathematical formulas. This is stuff he is really interested in and stuff you may be interested in, but the jury doesn't want to hear it.
Second, start with the basics. While you have the guy on the stand, go through the history of the machine with him. If he doesn't know it it will hurt his credibility. If he does know it, it will give some good information to the jury. Take this opportunity to discuss the process of designing the machine, which has included many changes, and some interesting test results.
Third, go for the maintenance records of that particular machine. One of the actual beneficial things about this machine is the data it keeps about itself and stores just waiting for you to take a look at it. As a DUI attorney in Seattle, this is just the information you are looking to take advantage of. What you will see if you take a look is a set of problems occurring around your client's test that were not able to be recreated or "fixed" necessarily. If the cause of the malfunction is a mystery, how can the machine be accurate?
Fourth, and finally, attack the database, which houses all of the information about the DataMaster. You can see error codes on the database and other information related to the inaccuracy or malfunction of the machine. Do a little digging and you'll be surprised at what you can find.
If you are charged with Seattle DUI, don't settle for a criminal lawyer that will just go through the motions. Get someone who will do some digging, who will fight for your case. It can mean the difference in conviction and dismissal.
Related Posts:
The first rule of examining an expert witness like this is not to forget that you are not an expert. Don't get in a battle of wits with them, for two reason. One, you will lose. And two, you will end up giving the expert a chance to talk theory, science, process, and mathematical formulas. This is stuff he is really interested in and stuff you may be interested in, but the jury doesn't want to hear it.
Second, start with the basics. While you have the guy on the stand, go through the history of the machine with him. If he doesn't know it it will hurt his credibility. If he does know it, it will give some good information to the jury. Take this opportunity to discuss the process of designing the machine, which has included many changes, and some interesting test results.
Third, go for the maintenance records of that particular machine. One of the actual beneficial things about this machine is the data it keeps about itself and stores just waiting for you to take a look at it. As a DUI attorney in Seattle, this is just the information you are looking to take advantage of. What you will see if you take a look is a set of problems occurring around your client's test that were not able to be recreated or "fixed" necessarily. If the cause of the malfunction is a mystery, how can the machine be accurate?
Fourth, and finally, attack the database, which houses all of the information about the DataMaster. You can see error codes on the database and other information related to the inaccuracy or malfunction of the machine. Do a little digging and you'll be surprised at what you can find.
If you are charged with Seattle DUI, don't settle for a criminal lawyer that will just go through the motions. Get someone who will do some digging, who will fight for your case. It can mean the difference in conviction and dismissal.
Related Posts:
Seattle Criminal Attorney | Can't Talk Your Way Out of Trouble
Seattle Criminal Attorney | DUI on a Horse?
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