Going to Trial

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.

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Can I Get a Criminal Charge Off My Record?

Whether or not a person is eligible for expungement will usually depend on a number of factors, which includes: 1) the amount of time that has passed since the arrest or conviction; 2) The severity and nature of the event for which expungement is sought (i.e. a conviction for a sex offense may lead to a denial of expungement); and 3) The severity and nature of other events in the applicant’s criminal record.

Depending on the state and/or county, special eligibility rules might exist for expungement of arrests or convictions that occurred while the offender was a juvenile, and arrests or convictions for sex offenses.

Where available to persons who have been arrested or convicted, expungement does not happen automatically, and is never guaranteed. A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge’s review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the petition.

The expungement process can be complicated. For example, some jurisdictions require an applicant to deliver (or “serve”) papers on district attorneys, while others require the applicant to prepare the legal document (or “Order of Expungement”) which will be signed by the judge. In some cases, a court hearing is required, after which a judge will decide whether to grant the expungement.

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.

Appeals and Writs

Appeals judges generally defer to trial court findings, particularly findings of fact as opposed to matters of law. Courts rarely overturn lower court decisions and “perfect” trials are not guaranteed, although certain safeguards do exist in order to account for errors and oversights. An appellate court will overturn a guilty verdict only if the trial court erred in a way that significantly contributed to the outcome. While most errors are deemed “harmless,” there are some types of errors that are so serious that they are presumed harmful, such as the use of a coerced confession. Appellate courts rarely interfere with sentences handed down by the lower courts but in some cases where the law specifies a particular sentence, the appellate court may send the case back for re-sentencing if the court gets it wrong.

If you have been convicted of a crime and believe the guilty verdict (or even plea) was in error, you will want to pursue the reversal of that conviction. Reversing a conviction generally happens through appeals or writs.

It is theoretically possible for two completely reasonable juries rule differently on the agreed-upon facts of a case, and thus give a different verdict. Unless something goes wrong at the trial level, you cannot appeal a case simply because you believe the jury reached the wrong verdict. Nevertheless, convicted criminals do have the right to challenge the verdict of a case if mistakes were made regarding the facts or matters of law, or if there were issues not readily apparent in the case record itself. These legal remedies are called appeals and writs, respectively.

If all of your opportunities for an appeal have been exhausted or never available to begin with, but you still believe your trial was clouded by some kind of an injustice or mistake, you may look into filing a writ. A writ is an order from a higher court directing a lower court to take some kind of action, typically filed in extraordinary situations where an appeal is not an option. So while the trial court may not have erred, a writ may be filed if the verdict was materially based on some other injustice or error beyond its immediate control.

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.

Your Right To An Attorney

The defense attorney’s role is of paramount importance in almost every criminal case. While specific duties of an attorney vary depending on the nature of the charges and the case, key responsibilities of any criminal defense lawyer include advising the defendant of his or her rights and explaining what to expect at different stages of the criminal process; ensuring that the defendant’s constitutional rights are not violated through law enforcement conduct, or in court proceedings and negotiating a plea bargain with the government, on the defendant’s behalf. Lastly, a defense attorney is responsible for investigating facts and the evidence presented as well as cross-examining witnesses, objecting to evidence and questions presented by the prosecution and presenting any legal defenses that may be apparent.

Courts have interpreted the Sixth Amendment right to counsel as guaranteeing the “effective assistance of counsel” to criminal defendants. It doesn’t matter whether the attorney is hired by the defendant or appointed by the government. However, questionable strategic choices made by an attorney and even serious lawyer errors, in some instances do not usually cause a conviction to be thrown out, unless it is clear that the attorney’s incompetence affected the outcome of the case.

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.