Seattle Criminal Defense Attorney

Ph# (206) 459-1310

Posts made in March, 2016

By on Mar 25, 2016 in Administration, Communication, Court, Criminal, Judges, Misconduct, Procedure, Promotion, Trial | 1 comment

Let’s talk about ethics. Some people believe ethics are a good thing. They probably are. But here’s what the ivory tower ethicists won’t tell you: sometimes ethics get in the way of business. Look I understand. You want to do the right thing, regardless of personal gain. That’s laudable. That’s noble. That has, sometimes, been the American way. Good for you! But what about lawyers? Aren’t we more special? Attorneys have specific rules of ethics called the Rules of Professional Conduct (“RPCs”). Although there are minor differences, every state in the country has a very similar version of the RPCs. These are the ironclad, unbreakable rules that govern attorney ethics. They are the bedrock of the very real responsibility attorneys hold when they have their clients’ lives in their hands. These rules are incredibly important to the public trust of lawyers, and the system of justice itself. They are sacrosanct.  As an attorney I would love to follow them, come what may. But I’m not just an attorney, I’m also a business owner. And while I think ethics are great or whatever, my family needs me to put food on the table. I hate having to choose between feeding my daughter her pizza and having my clients represented by an ethical attorney. But what’s the solution? How can I fulfill my personal and societal obligations to represent the people who entrust their life to my care, while also maintaining the admittedly lavish lifestyle me and my family have grown accustomed to?  Answer: Crowdsourcing. That’s right! You, the average schlub, can help your favorite attorney and favorite justice system work together. I was inspired by Patreon, a website that allows patrons to support their favorite artistic creators. And attorneys consider themselves lonely artists. Our work is simply painting pictures of justice on a justice canvas with justice paint and a justice brush. The law used to be isolating, just us against the world. But now, thanks to crowdsourcing, you can be a part of the process! How does it work? It’s simple! All you have to do is sign up for a patron level, described more fully below. This will result in an automatic debit from your bank account every month (P.S. Tipping is not a city in China!)....

Read More

By on Mar 17, 2016 in Civil Rights, Communication, Constitution, Criminal, Family, Noah Weil, Police, Procedure | 1 comment

It’s a popular trope. You’re arrested, you’re brought down to the station. You’re told you get “one phone call” before you’re subject to a trip to your private jail cell. Better make it count… But is it true? In a word, no. The “one phone call” is an entertainment device designed to move the plot along. But what are you, arrested person, actually entitled to? Like so many things in the law, it depends.  In Washington, you are entitled to be seen by a judge within 48 hours of your arrest to determine whether probable cause existed for your arrest. At that time you are entitled to an attorney, and if you haven’t had access to a phone by then, you or your attorney can certainly get the word out to your loved ones, boss, etc. Until then it is not required for you to be put in contact with anyone, attorney or otherwise. But in reality, an arrested person will likely have access to a phone much sooner. And there are a number of reasons for that. First off, as I explained in this post on Miranda rights, police are supposed to Mirandize you when you’re arrested generally, and when they begin their interrogation specifically. Not doing so does not mean the case gets thrown out, but it does mean your statements won’t be admitted in a subsequent criminal proceeding. If you gave a complete confession the police and prosecutors will want that admitted, so they won’t play games with you access to counsel. When they read you Miranda, you’re entitled to ask for a lawyer. You should do so. In addition, generally the police will allow you to contact a friend or family member to tell them where you are. There are a few good reasons for this. 1) Getting in a defendant’s good graces could lead to a confession, 2) Unless they expect you’re going to call someone to get a witness intimidated or evidence destroyed, or you’ve been a complete dick throughout the whole process, there’s no real reason not to let someone make the call, and 3) it makes the police agency look bad if they keep someone under lock and key with no way to contact the outside...

Read More
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.