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Posts tagged "Criminal Defense"

What are leading questions in criminal trials?

Washington residents who are facing criminal charges and who plan to go to trial may have heard about leading questions and wonder what they are. These are questions that are asked by criminal defense lawyers of witnesses at certain times during the trial. Leading questions are designed to elicit responses from the witnesses by leading them to the answers. In many cases, the answer to a leading question will either be yes or no.

The Fifth Amendment right against self-incrimination

Most Washington residents will have seen films or television shows in which criminal suspects assert their constitutional rights by 'taking the Fifth" when questioned by police officers or prosecutors. The Fifth Amendment to the U.S. Constitution, which is part of the Bill of Rights, states that people cannot be compelled to provide testimony against themselves. Criminal suspects can invoke their Fifth Amendment rights at any time, and the protections provided apply while in police custody and in the courtroom.

The Sixth Amendment and the right to a speedy trial

The rights of criminal defendants in Washington state and around the country are protected by the U.S. Constitution, and the Sixth Amendment guarantees defendants the right to an attorney, the right to confront witnesses who testify against them and the right to a speedy trial before an impartial jury. The speedy trial provision of the amendment guarantees that criminal cases should be resolved within a reasonable amount of time, but what is and what is not a reasonable delay has been the subject of contentious legal debate.

Challenging hacking by the government

There has been an increasing use of hacking by federal law enforcement officials using malware. Criminal defense attorneys in the state of Washington and the rest of the country have strategies to combat this form of surveillance and to keep evidence that was obtained illegal from being brought into court.

3 things to know about domestic violence charges

Learning that your husband has accused you of domestic violence is something that can make your heart seem to stop. Immediately, you will notice that some facets of your life start to change. These changes aren't going to be for the better. In fact, some of them can make you downright miserable. While you will likely have to deal with these effects in the short term, presenting a defense against the charges is the only way that you might be able to prevent your entire life from being changed. Consider these three things if you are charged with domestic violence.

Does my child have any alternatives to jail time?

Many parents fear that sooner or later their child will be charged with a crime and face jail time. When that fear becomes a reality, it can easily cause panic, which is natural. The good news is that, with effective representation, your child does not have to face jail time, even in the face of a conviction.

How does the justice system treat juveniles with disabilities?

When the special education system fails minors they often end up incarcerated. Although youth with disabilities are underrepresented in the general population, they are much more likely to be sent to detention and incarceration facilities. At least one third of youthful offenders arrested have a disability. Some researchers argue that it is as high as 70 percent. These incarcerated minors have anything from emotional to learning disabilities.

What happens when a prosecutor withholds evidence

For Seattle residents who are facing criminal charges, the 1963 U.S. Supreme Court ruling in Brady v. Maryland may be relevant. The Court held that if a prosecutor uncovers evidence that is favorable and material to the defendant, the prosecutor must reveal that information. This is true even if the evidence is not necessarily exculpatory. If it comes to light that a prosecutor has not done this, a new trial could result.

What are the alternatives to incarceration for minors?

From the phone call to the court date, the time after your kid has been arrested is filled with anxiety. No parent wants to see their child throw their future away with time in juvenile detention centers. Fortunately second chances are easier to come by for kids under 18 and there are alternatives to incarceration. Some possible alternatives include treatment programs, probation, community programs, and more. There are alternatives available for each step of the way including detention prior to conviction, the justice system process itself, and the resulting jail time.

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