This is a post geared to all you potential criminals out there. If the title isn’t clear enough, the eternal question I’m going to answer is why, when judges impose a sentence on a criminal matter, do they give you almost all of the sentence and then suspend most or all of it? This is a question I get as a Seattle criminal lawyer often, so I thought I’d answer it here.
Let me give you an example to give you a better idea of what I’m talking about. Let’s say you are charged with assault. You got in a fight at a bar and hit someone. It’s a simple misdemeanor, meaning it probably has a maximum sentence of 90 days in jail and a $1,000 fine. You know you hit the guy, and there were a ton of witnesses, but you don’t have a criminal record, so your criminal lawyer is able to negotiate a deal where you plead to disorderly conduct (also a misdemeanor) where you do some community service.
When you get up in front of the judge, though, the judge does more than just give you community service. He says something like “90 days in jail, 90 days suspended, $1,000 fine, $900 suspended, two years probation.” Why does he do this?
The bottom line is, he does it to give you some incentive to stay out of trouble while you’re on probation. Typically probation will just be not to commit any other criminal law violations. If you do get in trouble again, though, the judge can call you into court and impose some or all of the sentence he suspended (i.e. 90 days in jail).
This is a very typical way that sentences are imposed, and if you ask any criminal lawyer they’ll probably tell you that’s just the price of doing business. You are getting almost no punishment, and the court just wants to make sure you stay out of trouble.
The best way to avoid a suspended sentence is to stay out of trouble. The second best way is to not talk to the cops if you ever find yourself in trouble. And the third best way is to contact a criminal lawyer as soon as you think you might be getting in trouble.
If you are facing a misdemeanor or felony conviction in criminal court it is essential to have a qualified and experienced attorney at your side during the experiece. No matter what the offense is, there are numerous attorneys practicing criminal law in Weatherford, TX, that are willing to consult you and retain your services. While many cases are settled prior to trial through a please bargain or deal offered by the District Attorney or prosecuting affiliation, in some circumstances cases will reach trial. During arraignment, as a defendant, you will be offered the opportunity to plead guilty, not guilty or nolo contendre. It is important, as an accused offender of the law, to understand the reprecussions and possible punishments for your offense prior to pleading.
In TX, misdemeanors and felonies are tried in a court within a reasonable amount of time. The court has the option to detain the defendant during the course of the trial, release on the defendant’s own recognisance, or offer a cash or bond bail. While many offenders choose to hire a public defender as their representation due to minimal or no income, others choose to hire lawyers practicing criminal law in Weatherford TX. Most defendants hiring attorneys do so to attempt to beat the case all together, have fines and jail time lowered, or attempt to reduce the charges to a less serious crime.
Having problems with the law is never a good thing. If you have hired or retained an attorney for yourself or a loved one, be sure to tell the lawyer all of the information relating to the case. An attorney is more likely to adequately defend you and acheive a result beneficial to you and your criminal record with all of the facts. While some reputable lawyers can cost a pretty penny for a flat or hourly rate, many are willing to pay thousands to keep their freedom and their criminal record clear.
Before I get started, I want to point out that this article probably doesn’t apply everywhere in the United States, though it soon may. It certainly applies to Washington State, where I work as a DUI lawyer. I think in time it will apply everywhere because states will begin to see the financial windfall that it causes (though they may say it is in the name of safety – which it probably partially is).
As the name of the article implies, driving while talking on the phone has surely become the newest way to get a DUI in Seattle. And I don’t mean to imply that talking on your phone in and of itself warrants a DUI charge, I do mean to imply that this law will be used repeatedly to effectuate DUI arrests.
Before this legislative session, talking while driving was a secondary offense. This means you could get in trouble for it, but only if you were pulled over for something else first. For example, speed and get pulled over with your phone to your ear and you get not only a speeding ticket, but a talking while driving ticket.
But now, the law has changed. Talking while driving will soon be a primary offense, meaning one can be pulled over for violating it alone. And it is my belief that soon it will join the ranks with such highly regarded traffic infraction as “broken headlight,” “failure to use turn signal,” and “improper lane change” as the bulwark of justification for stop.
You probably wouldn’t know this if you weren’t a DUI lawyer, but most DUI stops don’t occur because of bad driving. Nope. Most occur because of a minor traffic infraction that each of us commits every day. The only thing is once it gets to be after 10:30 p.m. people start getting pulled over for doing it. A lot of DUI arrests results, I have help people out of a jam, and the process begins all over again.
Bottom line, if you’re in Seattle soon, remember not to talk on a cell phone unless you have a hands free device. Otherwise, you might be looking up a Seattle DUI attorney like me for help.