Trial by Jury

The right to a trial by jury is the most fundamental constitutional right a criminal defendant is granted. Upon a conviction after a jury trial, a defendant has the right to appeal a finding of guilt. In order for an appellate court to hear an appeal from a lower court the aggrieved party must demonstrate to the appellate court that an error was made at the trial level. The error must have been substantial. “Harmless errors,” or those unlikely to make a substantial impact on the result at trial, are not grounds for reversing the judgment of a lower court. Any error, defect, irregularity, or variance, which does not affect substantial rights is disregarded.
Assuming that there was no harmless error, there are two basic grounds for appeal: 1) the lower court made a serious error of law (plain error) and 2) the weight of the evidence does not support the verdict.
Plain error is an error or defect that affects the defendant’s substantial rights, even though the parties did not bring this error or defect to the judge’s attention during trial. Of course, some plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. In any event, plain error will form a basis for an appeal of a criminal conviction.
It is much more difficult to prevail in an appeal based on the alleged insufficient weight of evidence. Although appellate courts review the transcripts of trials, they almost never hear actual testimony of witnesses, view the presentation of evidence, or hear the parties’ opening and closing arguments. Consequently, they are not in the best position to assess the weight of evidence in many cases. For this reason they place much confidence in trial courts’ decisions on issues of facts. In an appeal based on an alleged insufficient weight of evidence to support a verdict, the error or misjudgment of evidence must truly be egregious for a defendant to expect to prevail on appeal.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

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All About The Evidence

Evidence exists in many different forms. Many of which are introduced in trial and some that are not. Scientific and forensic types of evidence can be extremely helpful in proving a case, but there are rules and standards that these types of evidence must meet before they can be submitted during a trial. Scientific evidence are generally more common in serious felony cases, as opposed to misdemeanor charges.
Scientific evidence is based off of knowledge that has been developed by using the scientific method. This means that the basis for the evidence has been hypothesized and tested and is generally accepted within the scientific community. This could mean that the theory on which the scientific evidence is based has been published in scientific journals and has been subjected to peer review within the scientific community.
There are many types of forensic evidence that are often considered scientific evidence, like DNA matching, fingerprint identification, and hair/fiber evidence. The methods used to develop these types of evidence are generally beyond the scope of knowledge that judges and juries possess and are therefore normally introduced as scientific evidence.
However, this is not to say that scientific evidence cannot be excluded from a courtroom or trial. There are often many steps that must be taken before a piece of scientific evidence can be put forth in a courtroom as factual evidence. In general, a scientific theory must have established itself in the scientific community and become generally accepted as the truth before it will be asserted as evidence at trial.
Fingerprint matching is generally admissible as forensic evidence in trial because it has been proven to be reliable to many years. In addition, things like radar and laser speed guns are generally accepted as being a valid method to tell the speed of a car at a given time and can be admitted as evidence. But keep in mind that there will often be new types of scientific evidence that parties will attempt to submit at trial – science that may not have a solid foundation within the scientific community.
If one side of a trial wishes to submit scientific evidence that is not yet generally accepted within the scientific community, it often happens that the court orders a mini-trial to be held in order to determine the validity of the scientific theory on which the evidence is based. As an example, DNA evidence had to go through many mini-trials before it became generally accepted as valid evidence at trial.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

Strategizing Your Criminal Case

Soon after a defendant explains his or her story to a criminal lawyer, they will probably collaborate with each other to come up with a strategy that will work best in court. Generally speaking, this strategy will be based upon the story that the defendant tells his or her attorney, but in most cases will not be exactly the same. Coming up with a defense strategy is not as simple as telling the truth in a way that shows the defendant’s innocence. Instead, it will involve weighing witness credibility, figuring out the reputation between the community and the police as well as various other legal factors.
The very first aspect of preparing a case for trial is to establish a theory. This theory is what the defense will present to a jury, which could explain, justify or prove a defendant’s innocence. Putting this theory forward in court could be very beneficial to the defendant. Prior to a case going to trial, a defense attorney could file a pretrial motions asking for certain evidence to be excluded from trial. This evidence can include certain confessions, statements or actual hard evidence found in a crime scene. In addition, the defense attorney would also probably try to interview any witnesses and/or alleged victims to ascertain information for a trial. This information can be further used during a trial to question credibility and prove to the jury that the prosecutions burden of proof has not been met.
Attorneys are charged to be zealous advocates for their clients and this often means that they will provide coaching to their criminal defendant clients in order to put the best defense theory forward possible. In many situations, defense attorneys will practice mock testimony with the defendant to commit and clearly understand a defense theory to memory; take a defendant to a crime scene in order to stimulate memories and get a defendant to write down their own version of the events, which in many cases varies from the actual police report and discovery provided to the defense.
Additionally, defense attorneys will often explain the theory of the case that the prosecution is using in order to get defendants to include important pieces of fact in their testimony. For example, if a key part of the prosecution’s case is that the defendant was in a certain location at a certain time, the defendant needs to remember to tell a version of events that does not place him at that location at that time. Establishing a criminal defense theory involves manipulating the facts in order to be able to zealously advocate for a client and ensure that he or she has received an effective defense.
It is important for defense attorneys to explain to defendants about various pieces of information about the prosecution’s case so that the defendant knows what kinds of evidence they need to produce.
Another reason that defendants should tell their defense attorneys the complete truth is that it could lead to a lesser charge. If, for example, a defendant is charged with armed robbery, and the defendant tells his attorney that, yes, he did rob the store, but not with any weapon, this could reduce the charge to simple robbery, a much less serious crime in terms of potential jail time as opposed to a robbery with a deadly weapon.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

Juvie Law

The criminal justice system for juveniles in every State in the United States is different than adults charged with a crime. Usually, the standards and penalties are different, and these juvenile cases are typically filed in the respective counties Juvenile Court. In the eyes of the law, a juvenile or a minor, is any person under the legal adult age. This age varies from state to state, but in most states, the District of Columbia, and in all Federal Districts, any person age 18 or younger is considered a juvenile. In several states, such as New York, Connecticut, and North Carolina, a juvenile is age 16 or less, and in Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, South Carolina, Texas and Wisconsin, a juvenile is age 17 or less. Wyoming is the only state that has established the age of juveniles to be 19 or younger.
As well as having upper age limits, juvenile jurisdictions also have lower age limits. Most states specify that prior to age six or seven, juveniles lack mens rea, or otherwise known as criminal intent. At this young age, juveniles also are thought to lack the ability to tell right from wrong. Usually, the age of the offender refers to the age of the offender at the time the offense was committed, but in some states, age refers to the offender’s age at the time of apprehension. This arrangement allows for the sometimes lengthy periods it takes to clear a case.
One’s status as a juvenile or as an adult is pertinent for the court’s determination of the jurisdiction under which an offender falls: the adult or the juvenile court system. If it is decided that a juvenile will be tried in a juvenile court, most states allow the juvenile to remain under that jurisdiction until the defendant’s 21st birthday. In many circumstances when a crime is egregious, it is possible for a juvenile to be charged as an adult. This is typically the case in many murder cases.
Relying on age as a sole determinant for adulthood has been criticized by many criminologists and policy makers since individuals develop at different rates. Some youth are far more mature at 18 years of age than some adults are. Because of this discrepancy, juvenile court judges have been given broad discretion to waive juveniles to adult court for trial and sentencing. In rare situations, the courts also have the power to emancipate a juvenile in a civil proceeding so that he or she becomes an adult under the law and is granted certain adult privileges. For example, if a 17-year-old loses both parents and has no other living relatives, he or she could be emancipated in order to pursue custody of his or her younger siblings.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.