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Seattle Criminal Attorney | Be On Your Toes

01/12/2010

It’s funny how things just kind of work out sometimes. For example, I was in court today for an arraignment. My client was somebody down on his luck. Lost his job, lost his driving privileges, trying to do the right thing but just not really getting it done. I gave him a great price for my services – it was a driving while license suspended 2nd degree (aka DWLS 2nd) – and he was short a little on what he agreed to give me at the hearing. If you aren’t a Seattle criminal attorney, let me tell you, short is not a good sign.

He wasn’t too short, so I told him I’d help him out, but he’s got to get me the money. I go up and talk to the prosecutor, and all these guys are wheeling and dealing. I don’t know how often they actually get up lawyer, but it didn’t look like very often. And why would they? DWLS charges are usually pretty cut and dry. Driving? Check. License suspended? Check. Here’s are offer. Take it or go to trial and lose.

They don’t give us a great offer, but they are understanding of what our motivations are. We agree to set it out so I can do a little checking, and we get ready to do the arraignment. The arraignment comes, I do my Seattle criminal attorney spiel and she starts reading the police report to check for probable cause.

Uh oh. We have a problem.

Seems the officer’s report notes that his record check shows a DWLS 3rd degree is in order, not second. And, without that information, the judge is having a hard time finding probable cause of DWLS 2nd (there was no affidavit or anything). Uh oh, I gasp, looks like we’ll have to dismiss and refile. The prosecutor at the table (who is a Rule 9 and wouldn’t expect to really know what to do) asks for us to set this over a couple minutes.

I talk to the actual prosecutor and say hey, I don’t want this dismissed and refiled either. It’s so much work (in my most exasperated voice). Why don’t we just plead it to DWLS 3rd (which is what I was trying to get the whole time) and close this case out? Prosecutor hesitates for a moment, thinks about all of the work he’s going to have to do, and goes for it.

Remember boys and girls, always be on your toes. You never know when opportunity is going to jump up and grab you.

Now let’s see if I can get the guy to pay me the rest of the money he owes me…

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