Yearly Archives: 2016

Benefits of a Plea Deal

We at SQ Attorneys have often been asked, ‘why would a prosecutor cut a plea deal on my case; why don’t I just plead guilty and get this over with?’ Although there may be several reasons a prosecutor may want to resolve a case rather than take the case before a jury, the most obvious… Continue Reading »

The Role of The Lawyer

Soon after a defendant explains his or her story to a criminal lawyer, they will probably collaborate with each other to come up with a strategy that will work best in court. Generally speaking, this strategy will be based upon the story that the defendant tells his or her attorney, but in most cases will… Continue Reading »

CDL at Risk when DUI

It is common knowledge that drivers of commercial motor vehicles must possess a special license entitled a ‘commercial driver’s license’ (commonly referred to as a ‘CDL’) in order to operate the commercial motor vehicle. What may not be so obvious, however, is that a DUI can impact a person’s right to possess and retain a CDL. In truth, a… Continue Reading »

The Sixth Amendment

So you have been charged with a crime and now you are in need of an attorney? A criminal defendant’s right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the “assistance of counsel” for the accused in all criminal prosecutions. This means that a defendant has a constitutional… Continue Reading »

Probation – Being Under the Court's Thumb

The law requires that you receive a set of penalties when convicted of a crime. Such penalties generally include fines and jail time. Many crimes, however, also include another penalty – probation. Probation essentially is a set of conditions that a defendant has to abide by for a period of time. They are issued by… Continue Reading »

Types of Evidence

Evidence exists in many different forms. Many of which are introduced in trial and some that are not. Scientific and forensic types of evidence can be extremely helpful in proving a case, but there are rules and standards that these types of evidence must meet before they can be submitted during a trial. Scientific evidence… Continue Reading »

How Success is Achieved

In Washington State there are commonly two ways a prosecutor tries to prove someone drove while under the influence of alcohol. First, they try to prove the defendant was DUI by the tried-and-true  ‘totality of the circumstances’; I refer to this as the ‘throw the bowl of noodles against the wall and see what sticks’ approach.… Continue Reading »

Defendant’s Right To Appeal

The right to a trial by jury is the most fundamental constitutional right a criminal defendant is granted. Upon a conviction after a jury trial, a defendant has the right to appeal a finding of guilt. In order for an appellate court to hear an appeal from a lower court the aggrieved party must demonstrate… Continue Reading »

The Dreaded NCO

  As previously discussed in one of our many blog postings, under RCW 10.31.100(2)(c), if the police arrive within four hours of a domestic violence related 911 call, they must arrest at least one person. Thereafter, it is generally a ‘rubberstamp’ that a criminal charge will be filed against the arrested person. At the defendant’s… Continue Reading »

Mental Health and the Law

The American justice system protects those are found to be mentally incompetent, and seeks help for such defendants. Criminal defendants who are found to be legally insane cannot be convicted of charges arising from a particular mental disability. Depending on the jurisdiction, Courts use one of several legal tests to determine whether a defendant actually… Continue Reading »