Seattle Criminal Defense Attorney

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Posts made in September, 2014

By on Sep 24, 2014 in Court, Criminal | 0 comments

I’m in court the other day with a case. It’s an extremely flimsy property crime allegation. In fact it’s so flimsy I believe no crime actually took place. To clarify this issue at the last hearing I filed a motion requesting the prosecution give me additional materials that supported their allegations. The prosecution did not respond to this motion. So at the next hearing I talked to the prosecutor and we had the following conversation.   Me: “You guys never responded to my last motion and this case is garbage.” Prosecutor: “Hmmm, let me look at this again.” ::Reviews police reports and witness statements:: Prosecutor: “Yeah, wow, this case is garbage.” Me: “I know! Let’s dump it today. I have this motion to dismiss ready to go.” Prosecutor: “I may not have the authority to sign on to your motion to dismiss. But if you make a motion to dismiss to the judge, we will not oppose it.” Me, laughing: “Sure.” So later the case is called and we go up in front of the judge. Me: “Your Honor, the prosecution never responded to my motion for more materials because I’m pretty sure they have nothing. On its face the facts do not support a criminal charge here. Therefore I’m making a motion to dismiss.” Judge: “Prosecution? Any response?” Prosecutor: “Nope.” Prosecutor: “We will defer to the Court.” Judge, after reading the materials for a bit: “Okie dokie. Motion granted. Case dismissed.”   Sometimes my job is a lot of fun. If you or someone you know is charged with a crime, even if it’s really, really flimsy, feel free to give me a...

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By on Sep 1, 2014 in Bar Exam, Communication, Noah Weil | 0 comments

The process of becoming a lawyer is arduous. A person has to graduate high school and obtain a four-year degree from an accredited college. Then the person has to apply, and be accepted into, law school. Graduating from law school is required, followed, of course, by the dreaded bar exam. Passing that still isn’t the end of the story. The applicant must also pass a “character and fitness” examination where they must prove the requisite character of becoming an attorney. This portion is no joke. Prospective attorneys have been denied a license. It’s this extra examination that’s the subject of today’s post. Lawyers wield enormous power and have enormous responsibilities. Sometimes lawyers are the only thing standing in the way of thousands of people losing their jobs, or one family losing their home, or even someone’s death. Which is to say, we do want people who bear these responsibilities to be of high moral character and responsibility. Which is also to say, sometimes being a lawyer is pretty stressful. How stressful? Well according to this article, lawyers have a high rate of suicide, the fourth highest among professional careers. (Incidentally the higher professions are medical, also known for being stressful). But there’s a flip side to the idea that the legal profession drives people to suicide. What if the who are attracted to careers in law are also prone to acute stress and/or depression? It’s a chicken-and-egg problem that’s impossible to answer. What is known is that besides suicide, lawyers also have a higher rate of incidence of substance abuse. A career may not drive someone to alcoholism or depression, but it can exacerbate issues that existed well before the results of the bar came back.   So what does all of this have to do with becoming an attorney? Well that character and fitness portion has a section where a prospective attorney must disclose their mental health history, including their treatment history. Which means that if a law student made the very intelligent decision to seek treatment for their own mental health, they have to disclose it to a panel of strangers. And it’s possible those disclosures could give that panel enough pause they would deny the person...

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The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided. Every case is different, and each client’s case must be evaluated and handled on its own merits.