Put to work for you a former judge that has successfully defended hundreds of individuals accused of crimes.

Jury Selection ancedote

Last month the following exchange took place during jury selection in a case I was trying-- Prosecutor: " So I think you've been pretty frank with us that it doesn't matter what the officers say, you're not going to believe what Read more

Arraignment update

Was recently at a Superior Court in Washington state which neglects to give the defendants a copy of the information--and therefore the information is never read (or formal reading is waived) as required under CrR 4.1 (f). The court nor Read more

Is the pocket BAC device reliable?

Typically, if a driver is pulled over for a DUI and then calls a lawyer for advice the question the driver most frequently asks is whether they should agree to take a breath test. The answer to this question normally Read more

Public Defense Update

In Auburn, the City Council voted to contract their municipal court services to King County in hopes of saving money. In Federal Way, the public defense budget was slashed by about 25%. As the economy continues to stagnate, the criminal Read more

Open Proceedings Violations

The more courts I visit, the more frequently I see hearings for in-custody defendants closed to the public for security reasons. A trial court, however, must articulate the "overriding interest" justifying any limit on public access to a proceeding "along with Read more

Sandusky update

As noted in an earlier posting, Bob Costas interview of Jerry Sandusky could be a source of evidence against Mr. Sandusky in his criminal trial. The prosecution, this week, did introduce part of that interview in their case in chief. Read more

Justice Delayed/Justice denied

A North Dakota judge (Richard Hagar) stopped getting case assignments and was later disciplined for delays in reaching decisions. The complaint stemmed from a bench trial (Ringuette v. Ringuette) which concluded on September 10, 2010 but findings of fact, conclusions Read more

.05 for a DUI?

Canada recently enacted laws that lowered the BAC standard for DUIs to .05. For those lawyers even older than myself, in 1938 the AMA and the National Safety Council found that a driver with a blood alcohol level of .15 Read more

Tony Savage, R.I.P.

Tony Savage was both a gentleman and a fine defense lawyer and he will be missed. I just want to share one of many Tony Savage stories--this involving his defense of Gary Ridgway. The prosecution in the Ridgway case was Read more

Why was Jerry Sandusky on TV?

Conventional wisdom is that defendants are poorly served speaking publicly about their alleged crimes. Self-serving statements are not allowed into evidence at trial and contradictory statements can help the prosecution impeach the defendant. The prosecution also, as in the case Read more