8.31.2009

Seattle DUI Attorney | Theft

The Seattle DUI Attorney Blog isn't just for DUI talk. I have other stories too. Here's one. I talked to a prospective theft client the other day who had the following things happen to him (the names, dates, and places have been changed to protect the innocent), culminating in a Seattle theft charge he is currently trying to fight his way out from under.

It all started out like any other Saturday. Fred was out and about running some errands, picking up some things here and there, when he wondered into Banana Republic to check out the latest sales, fashions trends, and to make a wish list of clothes to get when he gets his next paycheck. As he entered BR, Fred had several bags with him from his errand running, some of which were pretty large. As Fred was perusing the store, he found a couple of items he wanted to buy that day, and held them in his arms as he made his way around the store.

As Fred made his way to the front of BR, near the door, he heard a great commotion, looked up, and saw to BR employees shuffling him toward the door. As they exited the store, items still in hand, the employees began to question him about the things he had and why he would try to steal stuff from the store. They asked him if he knew he could be charged with at least third degree theft in Seattle for doing the things that he'd done.

Fred, shocked, said he wasn't trying to steal anything, but was still walking around the store looking at merchandise. They took him to the back room for questioning, and he had the sinking feeling that he'd need a criminal lawyer sooner rather than later.

Once in the back room Fred began to feel pretty humiliated. The security staff, which were not the smartest individuals or the most well mannered, continued to make snide comment after snide comment about Fred as they processed him and waited for the cops to show up. At one point they were even making fun of him! Needless to say Fred was humiliated. But Fred was smart enough to know not to talk to the security people about his case - he knows that silence is golden in a Seattle criminal case.

Once the Seattle cops showed up they didn't even ask Fred his story. They just arrested him for third degree theft and took him down to the station for processing. Now he has to fight what amounts to a bogus theft charge all because the security staff at the place he was shopping was too dumb to recognize a regular customer.

Fred did to the smart thing, however and went out and hired a Seattle DUI attorney. He knows that a Seattle theft lawyer knows the ins and outs of criminal procedure, knows how to put Fred's best foot forward in the eyes of the prosecutor, and knows how to speak a language the prosecutor's understand. It will be interesting to see how it all turns out. Stay tuned!

(By the way, I want to reiterate that BR was in no way a part of this story. I just used them as an example of a clothing store, actually because I really like their store).

Related Posts:
Seattle DUI Attorney | Plea Bargaining

Seattle DUI Attorney | Get to Know a Good One

8.19.2009

Seattle DUI Attorney | Knowing What to do Won't Get You One

Almost everyone I talk to about Seattle DUI law says the same thing, "I don't want to talk about it. I don't want to know about it. I don't want your card. I don't want to jinx myself into getting a Seattle DUI." At that point I never give up. After all, this is some of the most important information they might ever learn. In fact, it is the kind of information that will not only help them beat a Seattle DUI if charged with one, it may even prevent the charges all together.

So, I wanted to take a little time today and address the issue of the DUI jinx head on. Although my friends will probably never read this, you are, and if you are smart enough to be here, you are smart enough to know that information and knowledge are the most powerful weapons you can have when the Seattle cops are trying to peg you with DUI charges.

Before I get into why knowing a DUI attorney in Seattle and about Seattle DUI law is not going to jinx you into getting one, I wanted to talk about some other things people know about that don't immediately cause the event to be prevented. This first one that immediately comes to mind is fire escape routes.

Every building in the United States has a posted escape route somewhere, and most hold annual practices in case there is a fire in the building. So how come we don't have buildings going up in flames all the time? Why don't we try everything imaginable to try to avoid learning about what to do if there is a fire so as not to jinx a fire into happening? The reason is, it doesn't make any sense.

What about life insurance? Why would we want to jinx ourselves into dying by buying life insurance and covering ourselves in the event of death? If we learn about our options for our family when we die or spell out how we would like to be treated in death, aren't we just asking to get killed immediately, much like learning about Seattle DUI law?

The answer to both of these examples is that it can pay huge dividends to be prepared in the face of an emergency or unforeseen event. Knowing how to get out of a building in case of fire is extremely important. Covering your family financially in the off chance that you are killed unexpectedly is extremely important. But you know what? Knowing how to navigate a Seattle DUI and having a DUI attorney in Seattle that you can trust is also extremely important.

Admittedly, a Seattle DUI charge is not a life or death situation. But it can negatively affect your life for years and years after the case is resolved. And you know what, there is a lot of information that the police don't tell you that you could use to your significant advantage is stopped by the cops.

For example, did you know you don't have to take field sobriety tests and that refusing to take field sobriety tests cannot be held against you? Did you also know that field sobriety tests are only marginally reliable even under perfect test conditions? And, did you know that for the most part cops are not out there trying to see if you are too drunk to drive but trying to build a DUI case against you?

In this day and age, knowledge is power. Taking to the streets even after a couple of drinks can have dire consequences if you do not know your constitutional rights and do not understand why the cops are making you do what they are asking you to do. Learning about how to beat a Seattle DUI will not set you up to get busted for a DUI. Drinking and driving when you are too impaired to drive will set you up for a DUI in Seattle. Not being careful will set you up for a DUI in Seattle. And not knowing when to shut, when to say no, and when to call a Seattle DUI lawyer will set you up for a DUI.

Don't set yourself up for a fall. Read the rest of my posts and check out my website to learn your Constitutional rights before you need to know them. And if you have any questions, don't hesitate to call.

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8.01.2009

Seattle DUI Attorney | Talk to One Before the Breath Test

You thought it would be like any other night out in downtown Seattle. A few drinks at the Yarrow Bay Cafe, then over to Hector's for a little dinner and a couple more drinks. You felt fine when you left about 10:30 and made your way home. And then you see the flashing lights behind you and you tense up. How many drinks did you actually have? Are you sure you aren't over .08? Do you need a Seattle DUI attorney?

But, you were lucky enough to have picked up a business card which has the five things you should do if you are stopped and investigated for Seattle DUI. You are also an avid reader of the Seattle DUI Attorney Blog. You take a quick look over them and follow them step by step.

First, give the cop your driver's license and paperwork and shut up. Check.

Second, remain silent, particularly if he asks you any questions related to what you've done that night. Check.

Third, decline to take field sobriety tests and decline the portable breath test. Check.

Fourth, if arrested, say "I want to remain silent and talk to my Seattle DUI attorney." Check.

And finally, never consent to a search of anything. Check.

So, one by one you have to employ the rules listed on the card. When the officer asks you if you've had anything to drink that night you say "my attorney told me not to answer that question." When the officer asks you to take field sobriety tests, you decline. When he asks you to take a portable breath test, you decline. And when he arrests you you ask to speak with an attorney and invoke your right to silence.

But, why do you need to talk to a DUI lawyer before deciding to take the breath test? It doesn't seem like a very difficult decision since the penalties are so much harsher if you refuse. The thing is, if you follow the rules above, unless you are blatantly drunk or hit something or were swerving all over the place the police and the prosecutor are going to have very little evidence against you. You may have to deal with a civil license suspension (although you can fight it), but with the interlock ignition device, it isn't that big of a deal.

So, the reason you need to call a Seattle criminal defense attorney is simple - they can give you the advice you need to make the best case possible for you to beat your DUI.

Related Posts:
Seattle DUI Attorney | In Lane Weaving

Seattle DUI Attorney | Why You Should Know One