Happenings in Court

It's been a while since I have blogged under my "happenings in court" label.  Nothing interesting or exciting has really happened to warrant a post.  Especially considering all of the recent news involving DUI cases in Seattle, and the recent major change in DUI law.  But recently I was in Seattle District Court the other day and something happened that I thought was kind of noteworthy.

So I was appearing in the District Court in Seattle on a DUI case.  This Court is probably one of if not the busiest Court in all of Washington State.  Especially when it comes to DUI cases.  There is always a lot of defendants in the Courtroom and things can happen very quickly when the Prosecutor starts calling the calendar.  Because of this there is always a long line of DUI Attorneys waiting to check in it with the Prosecutor.   

I actually enjoy appearing in this particular District Court, and it's not because it is down the street from my office.  The only downside with this Court is the Prosecutors office can get really busy.  So if you have a case that you want to negotiate it is always best to try and contact the Prosecutor at least 2 weeks in advance of the hearing.  I don't think this is terribly troublesome to do, and I would rather give the Prosecutor plenty of time to review a case and any legal issues I point out, especially with complicated matters like DUI cases.

So on this particular day I was standing in line to meet with the Prosecutor.  I had already spoken with the Prosecutor weeks prior to the hearing about my DUI case so I already knew what I was going to do.  However the DUI Attorney that was in front of me hadn't taken the time to do that.  So when he got to the Prosecutor he tried to speak with him about some complicated issue with the DUI case.  He had some portions of the video he wanted the Prosecutor to review as well as some affidavits from different witnesses.  

Obviously with only one Prosecutor handling the entire calendar there was no way to review all of this information.  The Prosecutor told the DUI Attorney that he couldn't review all of this properly.  Then to my surprise the DUI Attorney started to throw a tantrum and started to raise his voice with the Prosecutor.  Saying he needed to negotiate and this was the only time to do it.  He really embarrassed himself and his client how he was acting.   And I actually felt embarrassed for the scene he was making.  It was completely unprofessional.

Now I get the DUI Attorney's frustration.  But he shouldn't have taken it out on the Prosecutor, especially when the Prosecutor is the one making the decision about whether or not to reduce a Seattle DUI case.  I don't know what this particular DUI Attorney was thinking, but I'm willing to bet he ruined his chances of getting his client a reduced DUI plea deal.  Just because he lost his cool and was unprofessional with the Prosecutor.  

Point of the story is this.  Maintaining relationships with the Prosecutor is probably the most important thing a DUI Attorney can do.  Pissing one off or embarrassing one is not only going to screw your client over, but future clients as well.  Have there been times I have been upset with a Prosecutor.  Of course, but I never let it show and I think that is why I'm respected among them.

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About the author: Matthew Leyba is a Bellevue DUI lawyer in Western Washington.  His practice focuses on representing those charged with DUI and other traffic offenses.  He is rated as one of the Top Seattle DUI Attorneys by Avvo.com and was named a Rising Star in DUI Defense by Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.     

Happenings in Court

A few weeks back I was in Seattle Municipal Court representing a client on a DUI case.  SMC is a pretty unique Court with regards to some of the procedures.  Specifically when it comes to checking in with a Prosecutor prior to your hearing.  Now don't get me wrong most of the cases I take are in Seattle Municipal Court by choice.  I like appearing there.  It is close to my office.  I know many of the Prosecutors and have great relationships with them, and I know all the little quirks and procedures that make it so unique.  Especially how easy it is to check in with a Prosecutor prior to your hearing, I wish more Courts did what they do.

Anyway so I was sitting in the Attorney conference room waiting for my turn to speak with the Prosecutor on my Seattle DUI Case.  I think there were 2 or 3 other DUI Lawyers in front of me.  I don't really pay attention to what they are talking with the Prosecutor about.  First of all it is none of my business, and secondly I hate it when other DUI Attorneys try to chime in when I'm talking with the Prosecutor regarding one of my clients.

As I'm sitting there a young attorney comes barging into the Attorney conference room.  Keep in mind the Prosecutor is speaking with another attorney, and there is a line of Attorneys that you must wait in to get your turn.  But she barges in and demands the Prosecutor hand over her clients file because "it is just a plea."  I'm not sure what she was thinking the procedure was or if she didn't have to wait in line because it was a plea.

But it probably wasn't the best idea to interrupt this particular Prosecutor.  Number one because he is a helluva a nice guy and was probably offended, and secondly he is the supervisor for their unit.  So the Prosecutor turns to this young attorney and says, "who are you?"  At this point everyone in line is looking at this young Attorney.  She says her name.  It's someone I have never heard of before, or ever seen in court.  So she must be really young.  Probably just graduated from law school or something.

The Prosecutor then says, "you don't just barge in here, there is a line."  and "I'm not going to just give you the file."  The defense attorney just kind of said, "ok."  She was obviously embarrassed, or at least she should have been.  She then slinked away, and after she left a few people made jokes about her.  Which Im sure she probably heard as she was walking away.

The reason I bring this up is not to embarrass or make fun of this young attorney.  Heck when I first started I'm sure I did stupid things too.  But the reason I bring this is up is because you don't get a second chance to make a first impression.  I'm not sure how the Prosecutor feels about this young attorney, or if he even remembers.  But I remember her, and if he does it's probably not going to be for a good thing.

Lately I've been seeing a lot of young attorneys out there.  The job market is tough.  They start their own firm.  Figure criminal defense is something easy.  You don't need a lot of money to hang your own shingle.  But the problem with this is they don't know what they are doing.  Forget whether they know what they are doing when it comes to the law.  They don't know what they are doing when it comes to court policies, and procedures, etc.  

When I first started I was a public defender.  I learned the ropes that way.  I had a great supervisor, and some more senior attorneys who taught me everything I know.  But it is different nowadays.  Again this young attorney seemed like a very nice woman, and I feel bad for her that she was the brunt of some jokes by other attorneys.  But she brought it on herself.  She should have asked someone what the procedure was.  She should have saw the big line of attorneys waiting to speak to the Prosecutor and realized she couldn't just barge in.  But again maybe she didn't realize any of that because she is new and nobody ever told her.  

But unfortunately now in my eyes I will always remember her for that.  But more importantly I'm sure the Prosecutor will as well?  Remember you never get a second chance to make a first impression.

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About the author: Matthew Leyba is a Seattle DUI Lawyer.  His practice focuses on representing those accused of DUI and other alcohol related offenses.  He is currently rated by Avvo as a Top DUI Attorney in Seattle, and was recently named a 2013 Rising Star in the field of DUI Defense by Superlawyers Magazine, an honor less than 2.5% of all Attorneys in Washington State receive.

   

Happenings in Court

Yesterday I was in a local municipal court here in the King County area.  I was there representing a client on a Bellevue DUI charge.  The calendar was a jury call calendar/readiness hearing.  Meaning it was the court date prior to a jury trial.  At this hearing both the Prosecutor and Defense Attorney get in front of the Judge and announce whether the case is going forward to trial, or whether there has been a plea deal reached, or whether either party will be asking to move the trial to another date.

Now this particular court is really unique on how they handle this jury call calendar.  In most jurisdictions there really isn't an order to how cases are called.  You just get up there, announce to the Judge what you're going to do and you're on your way.  But in this court the Judge makes any case that is either a plea or continuance request go first.  So if you're there to announce that ready for trial you have to wait until the end of the calendar.  And depending on how many cases there are you could be waiting for 2.5 - 3 hours. 

This is just one of the downsides to being in this court.  But there is nothing really you can do.  So I always advise my clients that were going to be there for awhile, so just plan on being there all morning. And I would think any decent attorney with common sense would tell their client the same thing.  Otherwise a client will show up there thinking its going to be a brief hearing, and next thing they know they are there for 3 years.  

Well yesterday I was announcing ready for a trial.  So my client and myself were just sitting there until about 11:00 am.  We got to court at 8:45.  And things are going like they normally do.  All the cases that are being continued, or resolved are being taken first.  The rest of the trial cases are waiting until the end of the calendar.  So I was just half paying attention to what was going on with the other cases, and half reading the Internet on my IPhone.   

But then a defense attorney decided to take her case out of order and got in front of the Judge.  I didn't catch exactly what she was saying, but the gist of it was she didn't want to wait anymore and she wanted her case taken out of order.  And to be honest with you I didn't think there was anything wrong with that request.  Sometimes you have other hearings to get to, and it is pointless to wait 3 hours for a 15 second hearing.  But what was offensive about her request was her tone of voice.  She really seemed to be upset when the Judge said no.  She kept trying to talk over him.  And when she didn't get her way, she slammed down her brief case on the defense attorney desk making a loud sound.  Afterwards the Judge made her come back in front of him, and he pretty much scolded her behavior.  

I don't know this defense attorney, but I was pretty embarrassed for her.  We as attorneys often have a bad rap when it comes to the general public.  I think being an attorney is a privilege and an honorable profession, and we should hold ourselves to a certain decorum.  Especially when it comes to speaking with Judges and court staff.  I personally find it very offensive when I see attorneys talk disrespectfully to Judges or court staff.  And it doesn't take much to be polite and courteous.

I mean don't get me wrong there are Judges out there that I absolutely despise.  But I always treat them with respect regardless of how I personally feel.  Obviously this attorney does not hold herself to a higher level of professionalism, and her actions were pretty shameful.  And I bet her client was not too impressed with having her attorney get scolded like a 5 year old in front of the entire court.  

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Matthew A. Leyba is a Seattle DUI Lawyer.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for a Seattle DUI contact our offices immediately to set up a consultation to discuss your rights, and options following an arrest.

Happenings in Court

I was in a local municipal court earlier this week.  In this particular courthouse there are generally two Prosecutors per courtroom.  There is a negotiating Prosecutor that is outside in a separate room, and there is a Prosecutor inside the courtroom that is in front of the Judge.

So I was waiting to speak with the negotiating Prosecutor in the little attorney conference room with other defense attorneys.  The defense attorney in front of me was someone I had never seen before, nor heard of.  So it was probably a newer attorney, or someone who doesn't practice in the area of DUI Defense.  Typically when there is a long line of defense attorneys waiting to speak with the Prosecutor I try to give the defense attorney in front of me some privacy.  I have had situations before where I'm trying to negotiate a case with a Prosecutor and some defense attorney is right up on my business completely violating my personal space.  So I don't do that.

But due to the tight quarters I couldn't help but overhear.  I guess the defense attorney was asking for some plea deal on a Seattle DUI charge, but the Prosecutor said they wouldn't consider it until the defendant got an alcohol and drug assessment.  Which is typically inquiry from the Prosecutor so I didn't think it was any big deal.  The Defense attorney moved on, and I moved up in line.

After I was done speaking with the Prosecutor I walked out of the attorney conference room, and I started to look for my client to discuss with them what I had negotiated.  As I was looking for my client I saw the defense attorney that was in front of me getting yelled at by his client.  All I heard was the client saying how he has been in court four times, and the attorney has never told him to get an alcohol and drug assessment, and how upset he was for not hearing about this sooner.

Usually the first thing I do when I met with a client is tell them they need to get an alcohol and drug assessment.  In fact I have written about the importance of getting an alcohol assessment previously on this blog for this very reason.  

In my experience it is important to get an assessment done for two reasons.  First often times it can help with negotiation especially when a Prosecutor wants to know whether there will be any lengthy treatment obligations.  Additionally unless the DUI gets completely dismissed, any plea deal that gets offered and accepted will require the assessment.  So you might as well get it done ahead of time so you have all the information in front of you before you make a decision.  Obviously this defense attorney did not know what the assessment was, or didn't place a great emphasis on its importance.  Either way he pretty much wasted his clients time, but not knowing one of the essentially items to do in representing someone accused of a DUI.  

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Matthew A. Leyba is an experienced DUI Attorney in Seattle, WA.  His practice focuses on representing those accused of DUI and other alcohol related offenses.  

Happenings in Court

It's been a busy month for me personally.  So I haven't had a chance to write on the blog lately, or update my happenings in court section.  I don't have any funny stories to write, but something interesting happened to me the other day in Seattle Municipal Court.

As many of you know I'm a Seattle DUI lawyer, so that means a bulk of my practice is in King County.  One of the places I have represent clients is in Seattle Municipal Court.  So I was there a few weeks ago, waiting for a client to show up.  Outside of the court rooms is Seattle Municipal Court are benches with great views of the Puget Sound.  In fact if it is every a beautiful sunny day in Seattle, and you have  a few minutes to kill.  Talk a walk over the SMC, and take the elevator the top floor.  There are no better views of the downtown skyline with the Puget Sound in the background.  It is absolutely beautiful.

But I digress.  So I was sitting there, just kind of spacing out while looking at the view.  And this young woman approaches me.  She was probably about 25 or so.  And she had brought her young child to court with her, and she was in the stroller.  So she approaches me and asks if I'm a lawyer.  I say yes I am, and she says, "Can I ask you a question."  I said, "sure if I can answer it I will."

Now I have been in court a lot throughout my career as a DUI Lawyer.  And every now and then a disgruntled client of another attorney approaches me, or I have seen them approach another attorney.  Usually in these situations the disgruntled person asks a legal question about their case, or says their current attorney is not working hard for them.  So that is kind of what I was expecting.  In those situations I usually say that I cannot offer any legal advice because they are currently represented, or I say to call their attorney and continue to work with them.  I know being charged is a stressful situation for many people, and sometimes they are just looking to vent to someone.

But the story this woman told me really surprised me, and kind of upset me not only as an attorney, but a human being.  So this woman was arrested for a DUI in downtown Seattle.  She was very scared about this process, having never been in trouble before.  So she found an attorney to represent her.  She signed a contract with that attorney, and gave him a sizable retainer fee.  Now in Seattle the arraignment is usually a few days after the arrest.  So this woman showed up for her arraignment, and her attorney that she found,  The attorney that she paid to represent her.  This scum bag completely no showed for her arraignment.  He didn't call to let her know something happened.  He didn't make arrangements for another attorney to appear on his behalf.  He just left this woman high and dry.

Now when this woman approached me this was at her pretrial hearing.  In Seattle a DUI pretrial hearing is usually 30 or so days after the arraignment.  She then told me that she hasn't been able to get a hold of her attorney.  That she has left several messages, and sent several emails to this attorney.  But she hasn't heard back.  She started to cry, and tell me how she had to take money out of her savings, and borrow the rest to pay this attorney.  That she was freaking out because she had never been in trouble before, and she was getting screwed by this attorney.

I felt really horrible for her.  I told her that she should continue to try and get in contact with the attorney.  Maybe something happened him, or there was some kind of misunderstanding.  I told her if she felt strongly enough she could call the State Bar Association,  but other than that I really didn't know what to say.  I apologized to her on behalf of my profession.  I told her most attorneys are not like that.  And she shouldn't lose her faith in the legal system.  She left me, thanked me for listening, and walked into the courtroom to face the Judge, presumably alone on her Seattle Municipal Court DUI charge. 

Although I don't know this attorney personally, I know of him.  I see his name in the google results.  He seems to know a lot about getting his name on the top of search results, but obviously he doesn't know much about being a good attorney, and a good person.  Now I only heard one side of the story, and I don't know the exact situation.  But if what this woman said is true, this is completely unprofessional and quite upsetting to me as a lawyer in this community.

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Matthew A. Leyba is a Seattle DUI lawyer.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been charged with a DUI schedule a free 60 minute consultation where we will discuss all aspects of your case, explain your rights, and offer our opinion on how we can help. 

When to use a Knapstad motion and when not to

Every criminal defense attorney out there knows about filing a motion to dismiss a case, or filing a motion to suppress evidence.  Typically these types of motions really wont tip off the Prosecution about what the defense theory of the case is.  Meaning if you file a motion to suppress drugs for example because of an unlawful search and seizure.  If you lose that motion you're not going to turn around and argue to the jury they need to find your client not guilty because the police officer didn't have a sufficient basis to search your client. 

But in criminal defense practice in Washington state, there is another kind of dispositive motion that can be filed that is not one of the constitutional motions discussed above.  It is called a Knapstad motion.  This motion for the most part is not usually granted.  But it can be filed when the defense attorney feels that based on the facts in the report, there is insufficient evidence to meet one of the elements.  

For example lets say a client is charged with Negligent Driving First Degree in Seattle.  But the reason the officer pulled the client over was because he was speeding.  There were no other vehicles present.  There was not chance of getting into an accident with another driver, vehicle, or property.  They were simply arrested for Negligent Driving 1 because their alcohol level was less than the legal limit.  Well one way to try and get this charge dismissed is to argue there is insufficient evidence to establish the elements of the crime.  Meaning the Prosecution cannot prove the driver was likely to endanger persons or property.  

Lots of criminal defense attorneys in Seattle dont like to file these types of motions for a couple of reasons.  First they are typically not granted, because all the Prosecution has to do is say the facts are in dispute, and we anticipate at trial the facts will establish one of the elements the Defense is arguing we cant meet.  The other reason is because if the defense loses the motion they effectively have tipped off the Prosecution on what their theory of the case is.  So in the Negligent Driving First Degree example the Defense would argue at trial there is no evidence to provide beyond a reasonable doubt the defendant was likely to endanger any persons or property because no observations were made to indicate that.  

Sometimes my practice as a DUI lawyer in Seattle, I like to lay in the weeds when one of these issues arise.  Meaning I wont file a Knapstad but instead lay in the weeds at trial and then make a halftime motion to dismiss.  Effectively arguing the same thing as a Knapstad motion.  

A few weeks ago I did this very thing, and it worked out perfectly for a client of mine.  I represented a client charged with Prostitution Loitering in Seattle.  Meaning he was accused of soliciting a prostitute.  However based on my investigation of the case I felt there was no intentional solicitation on his part.  He never discussed a sex act, no money exchanged hands.  Really the only evidence against him was he was talking to an undercover officer posing as a prostitute, and he was in an area of high prostitution.  

I thought about filing a Knapstad motion at first.  And argue to a Judge pretrial there was insufficient evidence to convict him because there was no evidence of solicitation.  But I felt it would be best to not tip off the Prosecution about this defense and proceed to a jury trial.  Well as I suspected the Prosecution didn't have much of a case.  After I cross examined their witnesses there was no evidence of solicitation on the part of my client.  I established no sex acts were discussed.  No money changed hands.  My client didn't repeatedly drive around trying to beckon any prostitutes.  There was no cash found on him, condoms, or any other circumstantial evidence that could establish he was there doing what the Prosecution was.  

So after the Prosecutor rested, I asked the Judge for a side bar.  Explained to the Judge that I would like to make a motion outside the presence of the Jury.  The Jury was excused, and I proceeded to make a halftime motion.  I argued that the Prosecution couldn't establish a prima facie case against my client.  Even if the evidence was viewed in the light most favorable to the Prosecution there was no evidence of intentional solicitation.  Which is one of the things that needs to be proven in this type of a prostitution case.  The Prosecution wasn't prepared for this, and it caught them totally by surprise.  

Ultimately the Judge agreed with me and dismissed the case.  My client walked away a free man.  Had I filed a motion earlier to dismiss based on this issue.  I don't think it would have been as successful.  But because I laid in the weeds.  Didn't tip off the Prosecution on what my defense was.  Then after they rested their case, I made my motion.  And as you can see it worked out perfectly.  So the moral of the story is.  Sometimes you need to lay in the weeds as a defense attorney in Seattle, then pounce when the time is right. 

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Matthew A. Leyba is a DUI Attorney in Seattle.  His practice focuses on representing those accused of DUI and other serious traffic offenses.

Happenings in Court

A few weeks back I was in a local municipal court.  It is a Court that is known to have tough negotiating prosecutors, especially as of late for some reasons.  It also has a pretty interesting negotiating system.  Although you can negotiate prior to your court date by finding out who the Prosecutor assigned to the case is.  I would say that many attorneys choose not to do this, and instead negotiate the day of court.  So often times when you're in line to speak with the Prosecutors, you will over hear a discussion between a prosecutor and a DUI attorney.

So as I said before I was in court waiting to chat with the Prosecutor about a continuance request.  I happened to be right behind another attorney who was trying to negotiate with the Prosecutor.  And from what I gather they had spoken before, so the defense attorney had made their pitch to the prosecutor.  But I found it interesting nonetheless, especially the prosecutors response.

I guess the client of the other defense attorney was charged with a DUI.  This client was some kind of ship captain.  I'm not sure what exactly his job was, or who the employer was, but he was a shipping captain.  For those that don't know an individual charged with a DUI who has such a profession can face very severe consequences including but not limited to a loss of their job.  This particular defense attorney obviously was well aware of this.

From what I gather this was a pretty run of the mill DUI.  It was a relative low BAC at .13, there was no accident, the client was cooperative with the arresting officers, and he didn't have any prior criminal history.  What the defense attorney was proposing was an amendment down to reckless endangerment, and the kicker was the client was willing to do 90 days in jail.  Let me repeat that.  90 days in jail.

To me this seemed more than reasonable.  In fact it was astonishing.  How many people would be willing to go to jail for 90 days on a first offense DUI.  Heck even if the guy went to trial and was convicted he would only get 1 day.  In addition to that he was willing to do the ignition interlock requirement of 1 year, he was willing to pay the fine that comes with the DUI.  He basically was willing to do all the penalties and consequences that come with a DUI,  He just could not have a DUI on his record.

So what was the Prosecutors response.  No, we want the DUI conviction on the record.  And their sentence recommendation was for a mandatory minimum sentence of 1 day in jail.  I'm sorry when I heard this response on was completely floored.  There was a perfect example of why prosecutors just don't get it.  Especially at the misdemeanor level where often times this is their first job and they generally are younger with little to no life experience.  Rather than give the guy a break on the conviction, and have him do 90 days for a first offense DUI as a penalty.  In my opinion they would rather be spiteful and ruin this man's life.  As a Seattle DUI Attorney I just do not understand this line of thinking.

I just figure if I was a prosecutor and some defense attorney came to me for negotiation.  I would be probably pretty fair but stern.  In exchange for plea deal reductions I would negotiate jail or a significant amount of community service hours, or a hefty fine on a first offense.  Give the person the benefit of the doubt without screwing up their entire life.  Then if they came back on another charge they you can put the hammer down.

But far too often as a Seattle DUI Lawyer, the majority of prosecutors I see do not do this.  It really is a shame because it bogs down the judicial system with needless trials, but at the same time ruins peoples lives that don't need to be ruined.  Everyone makes a mistake.  If it is not too serious, there was no accident, not a high breath test, and the person was polite and cooperative with the arresting officer then why not.  I really feel bad for this particular guy, because he really was taking responsibility for his actions and was trying to be accountable.  It's a shame he will most likely lose his job, and ruin his life because of the decision of this prosecutor.

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Matthew A. Leyba is a Seattle DUI Attorney in Western WA.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for a DUI contact our office for a free consultation.  

Happenings in Court

So this last Thursday afternoon I was in a local court representing a client on a Seattle Municipal Court DUI.  We had a 3.6 hearing or for those not in the know.  This is a motion to suppress evidence.  In this case it was a motion to suppress the results of the breath test.

Anyway this case had been previously set for a motion hearing, but the police officer had called in sick.  So we appeared this Thursday, all prepared to go.  And the Prosecutor walks in and tells us the police officer just called in sick again.  Well to say this was frustrating for my client and myself is putting it delicately.  I was pretty pissed.  Not because the Prosecutor just informed us as was walking into court. But I was pretty upset at this certain police officer.

You see I have had three jury trials with this particular officer.  During the life of each of these cases, at least one time the police officer has called in sick for an important hearing.  In fact the last case I had with this police officer was a Seattle DUI charge.  With that case this police officer called in sick two times for the DOL hearing.  He then called in sick two times for the motion hearing to suppress evidence.  That is a total of 4 times this officer called in sick for an important part of the case.  And like my current client, my former client had to miss work each time to appear at these hearings.  And all four times the hearings were continued to another date.  So that is four times my client missed work for nothing.  All because of this certain police officer.

So to get back to the current case I have, my client turned to me and said, "what if I missed court, would the Judge just continue the case like they do for the police officer."  And honestly the Judge wouldn't.  Maybe the first time, but certainly not more than that.  Especially if I just showed up and informed the Prosecutor 5 minutes before the hearing.  I can tell you exactly what would happen.  The Prosecutor would object, ask for a warrant, and the Judge was grant that request.

As a Seattle DUI lawyer this is a frustrating part of the process.  Especially when certain officers seem to have knack for calling in sick 5 minutes for a hearing.  Either these officers don't care about following up and justifying their DUI arrests and are lazy, or they genuinely are sick all the time.  I tend to think its the former.  But I guess that is just the cynic in me.

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Matthew A. Leyba is a Seattle DUI Lawyer in Western WA.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for a DUI contact our office for a free, no hassle 60 minute consultation.

Happenings in Court (New series)

I'll be starting a new series for my DUI blog.  It is titled "Happenings in Court."  As everyone should know Im a Seattle DUI lawyer.  That means I spend most of my days sitting in court endlessly waiting for my cases to be called.  In other words I just sit there and get to people watch.  Well some pretty interesting things happen every day in court.  Whether it is some defendant, or whether the Judge does some odd, or whether it the Attorneys involved.  Something is always going on, and I figure this will be a pretty interesting series to start, and should give everyone an insight into what happens in Courts throughout Western WA.

So today I was in court this morning in local district court.  I was waiting for my case to be called and I was sitting down for about 2 hours.  While waiting some Defense Attorney walked in.  I have never seen him before, so he probably doesnt do a lot of DUI work, or maybe he practices in other counties.  But nevertheless he came into court.

If you have never been to a district court, typically the Prosecutors are there handling all the cases for the calendar.  That means they probably have around 50 cases, sometimes more they are reasonable for.  Usually in this particular court there is only one Prosecutor.

Now its always best practice to try and contact the Prosecutor before the calendar.  Especially if you want to negotiate with them, pointing out evidentiary issues, having a lengthy conversation, etc.  So to get back to this hospital.  This defense attorney walks in.  He instantly looks upset because there are 4 other attorneys in front of him waiting to talk with the Prosecutor.  This defense attorney is making "tiff" sounds every time one of the Defense Attorneys tries talking with the Prosecutor.  Almost like this line is moving too slowly for him.

This whole time Im just sitting down observing this.  I can tell this Defense Attorney is kind of a DB, so I continue to watch.  He gets up to the Prosecutor and starts gruffly talking with him about his case.  Apparently he is representing someone on a driving while license suspended charge.  From what I gather he is saying the fact the license was suspended was a mistake by DOL.  He has brought all these documents and he is trying to point to the Prosecutor why this charge is incorrect.  While he is doing this he is raising his voice, and becoming more and more frustrated with the Prosecutor.

Then I hear him tell the Prosecutor this case should be dismissed, and blah blah.  The Prosecutor is looking at him and saying, "hey I cant look at all these documents right now."  Clearly this is something that should have been presented to the Prosecutor before court, if nothing else to give them time to review it.  Then the Defense Attorney starts getting more upset and kept saying this was a mistake and needs to get dismissed.  Finally I guess the defense Attorney realized he was getting nowhere, and just yells "Well we will just continue this," and he stormed off.

While I was watching this thing unfold I kept thinking to myself, doesnt this defense attorney realize that the Prosecutor is the one with all the power in this situation.  They hold all the cards, and its not going to do your client any good to piss them off.  Especially when you're asking them to dismiss a case.

Obviously this attorney doesnt get that and his client will probably get screwed because of it.  Had the defense attorney taken a different approach then he probably could have got the deal he was asking for.  But because he was a jerk, who knows what will happen now.  Throughout my career there have certainly been times when I have been frustrated by a Prosecutor.  But you can't take out those frustrations on the Prosecutor, its bad for business.  Especially when they hold all the cards.  As my mother always said, "treat people like you would want to be treated."

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Matthew A. Leyba is the owner of a criminal defense DUI firm in Seattle, WA.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for DUI contact our offices for a free consultation.