No one likes to lose. It's just not that fun. When I lose, I feel like a chump, like someone got the best of me. And my natural inclination is not to let that happen again.
The problem, here, though, is that for some people, the drive not to feel the feeling of losing steers them toward not even getting in the game instead of getting good enough to go out there and kick some ass. And that's too bad.
Sadly, a lot of criminal attorneys have turned out this way. It's not easy being a criminal attorney. Though the deck is often stacked against us, the truth is the facts are often stacked against us. That means before we even get started it's like we are David facing Goliath.
Some people learn to laugh that disadvantage in the face and press forward trying eternally to end up like the fight in David and Goliath did. Some shrink away and take any plea deal they can squeeze out of the state. Who do you want as your DUI lawyer?
In the end, you simply can't be afraid of losing. Let your clients do that. It's their skin on the line, by the way. Your job as a criminal attorney is to walk into every courtroom and kick ass and take names. That means being the most prepared person in the courtroom. It means being a bad ass lawyer. And it means going in there, even when the odds are great and giving it your best shot.
Upsets occur every day in every profession. Why not criminal defense?
5.26.2010
5.09.2010
Criminal Attorney | Don't Be a Travel Agent
If you aren't a criminal attorney or a career criminal, you probably have no idea what a travel agent is in the context of a criminal lawyer. But it's important that you recognize there are people like this out there, and they are the last king of person you want helping you with your criminal charges.
Think about what a travel agent does to give you a good idea of what a travel agent attorney does. They help slick the wheels to get you to your designation. They hold your hand to make sure you have a good trip. That's exactly what a travel agent criminal attorney does. Except, the only problem is that the destination with your travel agent if you are charged with a crime is jail.
As criminal defense attorneys, it is easy to fall into that mindset too. Often we have an uphill battle. Often judges are ruling against all of our motions. Often jurors don't want to believe in our clients as real people. And it's easy to simply say "why file this motion when the judge is just going to deny it. I'll just imagine like I did and lost and try to plead this case out." We forget that when we started our law firm we did it to prevent exactly that.
If you are charged with a crime you need someone on your side that is going to fight to the death. You need a warrior. You need someone who is not only going to make the judge say no to your motion but who is going to fight like hell to get the judge to come to his senses and say yes on a motion for once. And there are a lot of people out there like that.
If you are a criminal attorney reading this post, don't be a travel agent. Don't give in. Fight for your clients, if for no other reason than it doesn't feel good to lose all the time. Make the prosecutors work. Let the cops know they won't get away with their crap all the time. Go out there and walk around like a trial attorney, and not a travel agent.
Think about what a travel agent does to give you a good idea of what a travel agent attorney does. They help slick the wheels to get you to your designation. They hold your hand to make sure you have a good trip. That's exactly what a travel agent criminal attorney does. Except, the only problem is that the destination with your travel agent if you are charged with a crime is jail.
As criminal defense attorneys, it is easy to fall into that mindset too. Often we have an uphill battle. Often judges are ruling against all of our motions. Often jurors don't want to believe in our clients as real people. And it's easy to simply say "why file this motion when the judge is just going to deny it. I'll just imagine like I did and lost and try to plead this case out." We forget that when we started our law firm we did it to prevent exactly that.
If you are charged with a crime you need someone on your side that is going to fight to the death. You need a warrior. You need someone who is not only going to make the judge say no to your motion but who is going to fight like hell to get the judge to come to his senses and say yes on a motion for once. And there are a lot of people out there like that.
If you are a criminal attorney reading this post, don't be a travel agent. Don't give in. Fight for your clients, if for no other reason than it doesn't feel good to lose all the time. Make the prosecutors work. Let the cops know they won't get away with their crap all the time. Go out there and walk around like a trial attorney, and not a travel agent.
3.30.2010
Criminal Lawyer Seattle | Bench Trial or Jury Trial?
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 lawyer 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. You 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 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 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!
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. You 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 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 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!
1.05.2010
Determining Whether Or Not to Take on a Breathalyzer Test Lately Got a Lot Harder
Determining whether or not to take on a breath test if you were seized for DUI used to be a big determination (one that shouldn't be done without a Seattle criminal attorney). If you were asked to take a blood alcohol assessment and said no, you were subjecting yourself to increased costs for saying no, but had the benefit going onward of not having to battle blood alcohol assessment results.
Well, now it appears more and more probable that the circumstances may come up where you might reject a blood alcohol examination, cope with the harsher punishments for the denial, and still be subject to giving blood alcohol results.
Nearly all, if not all states, have created DUI laws that incorporate implied consent laws. In short, these laws state that if you drive on the boulevard in the state where an implied consent law exists, you are impliedly consenting to a breath assessment if the cops have probable cause to suppose you are DUI. Built into these implied consent laws, though, is the facility to say no the blood alcohol assessment if you so desire. The downside to denial, however, is the imposition of harsher punishments if convicted of DUI (and a longer license suspension - for instance, in Seattle, WA a denial subjects you to a year license revocation as opposed to 90 days).
However, things have changed a little recently (which is why the Seattle Criminal Attorney's Blog is here - to let you know about it). The police have started going to judges and asking for search warrants when individuals refuse blood alcohol tests. And more than a few courts have upheld this way (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 obtaining a search warrant.
One idea is sure. If you have the facility to speak with an DUI attorney in Seattle ahead of determining whether or not to take a blood alcohol analysis, you must do so. The issues revolving around breath test denial are getting more and more knotty every day, and the only way you can be confident you are doing what is best for you is by talking with an practiced Seattle criminal defense attorney and learning all of your options.
Related Posts:
Well, now it appears more and more probable that the circumstances may come up where you might reject a blood alcohol examination, cope with the harsher punishments for the denial, and still be subject to giving blood alcohol results.
Nearly all, if not all states, have created DUI laws that incorporate implied consent laws. In short, these laws state that if you drive on the boulevard in the state where an implied consent law exists, you are impliedly consenting to a breath assessment if the cops have probable cause to suppose you are DUI. Built into these implied consent laws, though, is the facility to say no the blood alcohol assessment if you so desire. The downside to denial, however, is the imposition of harsher punishments if convicted of DUI (and a longer license suspension - for instance, in Seattle, WA a denial subjects you to a year license revocation as opposed to 90 days).
However, things have changed a little recently (which is why the Seattle Criminal Attorney's Blog is here - to let you know about it). The police have started going to judges and asking for search warrants when individuals refuse blood alcohol tests. And more than a few courts have upheld this way (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 obtaining a search warrant.
One idea is sure. If you have the facility to speak with an DUI attorney in Seattle ahead of determining whether or not to take a blood alcohol analysis, you must do so. The issues revolving around breath test denial are getting more and more knotty every day, and the only way you can be confident you are doing what is best for you is by talking with an practiced Seattle criminal defense attorney and learning all of your options.
Related Posts:
Seattle Criminal Attorney | History of DataMaster
Seattle Criminal Attorney | Plea Bargaining
Subscribe to:
Posts (Atom)
