As a criminal defense attorney, I am always amazed when people talk to the police. I cannot stress this enough: DO NOT TALK TO THE POLICE. Be respectful, but request a lawyer and keep your mouth shut. This advice applies to the innocent as well as the guilty. The consequences of talking can be disastrous. If you don't believe me, watch the video below. I like to show this video below to my clients, especially the younger ones. It is a great lesson.
If you are ever approached by the police, contact a criminal defense attorney and politely refuse to speak to the police. Thank goodness for the 5th Amendment!
Thursday, October 28, 2010
Friday, October 8, 2010
Bail and Conditions of Release
In the United States
For those that aren't familiar with the criminal process, here's a primer: Once the police have performed an investigation and determined that a crime has occurred, they turn the case over to the prosecutor’s office. In many cases, the defendant is arrested during the course of an investigation (such as with a DUI), processed and released until the prosecutor decides to file charges. Upon the filing of charges, a notice is issued to the defendant and they must appear to be arraigned. This arraignment represents the official start of criminal court proceedings for the defendant.
At the arraignment, the defendant, ideally with the aid of a criminal defense attorney, will plead not guilty. The court will then determine what to do with the defendant until trial. They can release the defendant on their own recognizance (PR) subject to certain conditions, or they can remand the defendant into custody unless they can post a sufficient bail.
In determining what to do, the court is to consider the defendant's risk of flight, and the risk the defendant poses to society. Often, however, the court merely looks at the severity of the crime, and sets bail in accordance. This often results in bails that are astronomically high on defendants who pose no threat of flight. And, as most defendants and their families make use of bail bondsmen, they must pay 10% of that bail. Thus a defendant who is charged with assault may be held on $50,000 bail, and his family forced to pay $5000. It doesn't matter if he's innocent or guilty; merely being charged with a crime will trigger these costs and penalties.
More and more judges seem to require high bails in order to appear “tough on crime.” We need more good criminal defense attorneys who are willing to stand up on this issue to make sure that the accused are not unfairly punished prior to actually found guilty.
For those that aren't familiar with the criminal process, here's a primer: Once the police have performed an investigation and determined that a crime has occurred, they turn the case over to the prosecutor’s office. In many cases, the defendant is arrested during the course of an investigation (such as with a DUI), processed and released until the prosecutor decides to file charges. Upon the filing of charges, a notice is issued to the defendant and they must appear to be arraigned. This arraignment represents the official start of criminal court proceedings for the defendant.
At the arraignment, the defendant, ideally with the aid of a criminal defense attorney, will plead not guilty. The court will then determine what to do with the defendant until trial. They can release the defendant on their own recognizance (PR) subject to certain conditions, or they can remand the defendant into custody unless they can post a sufficient bail.
In determining what to do, the court is to consider the defendant's risk of flight, and the risk the defendant poses to society. Often, however, the court merely looks at the severity of the crime, and sets bail in accordance. This often results in bails that are astronomically high on defendants who pose no threat of flight. And, as most defendants and their families make use of bail bondsmen, they must pay 10% of that bail. Thus a defendant who is charged with assault may be held on $50,000 bail, and his family forced to pay $5000. It doesn't matter if he's innocent or guilty; merely being charged with a crime will trigger these costs and penalties.
More and more judges seem to require high bails in order to appear “tough on crime.” We need more good criminal defense attorneys who are willing to stand up on this issue to make sure that the accused are not unfairly punished prior to actually found guilty.
Thursday, October 7, 2010
Welcome to the Seattle Criminal Defense Blog!
Criminal Defense Attorneys are often asked why or how we do this job: "how can you defend that scumbag" is a frequent refrain. It seems that all too often, in the mind of the public, those that have been charged with crimes are deemed to already be guilty, and undeserving of an advocate to speak on their behalf. So why do we do this job?
I represent the accused because someone needs to protect their rights, to ensure the system treats them fairly, and to provide support and advice in a tumultuous time. Those who are charged with a crime are thrown into a complex criminal justice system where all the might and resources of the government are stacked against you and the stakes are overwhelming: one wrong step and you lose your money, your rights or your liberty, not to mention the impact this has on your friends and family.
I started this blog to highlight the need and value of criminal defense attorneys to our community, as well as to discuss the latest developments in criminal law in Washington and around the country. If you have been charged with a crime, I strongly suggest meeting with a criminal defense attorney to discuss your options.
I represent the accused because someone needs to protect their rights, to ensure the system treats them fairly, and to provide support and advice in a tumultuous time. Those who are charged with a crime are thrown into a complex criminal justice system where all the might and resources of the government are stacked against you and the stakes are overwhelming: one wrong step and you lose your money, your rights or your liberty, not to mention the impact this has on your friends and family.
I started this blog to highlight the need and value of criminal defense attorneys to our community, as well as to discuss the latest developments in criminal law in Washington and around the country. If you have been charged with a crime, I strongly suggest meeting with a criminal defense attorney to discuss your options.
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