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Being ARrested? Ten Things NOT to Do

Posted Friday, September 1, 2017 by Andrew Charles Huff

Nobody plans on being arrested, but you may be arrested for simply being in the wrong place at the wrong time. The basic rule is to simply listen to the officer and do as your told, “Put Your Hands Behind Your Back” and do NOT do any of these Ten Things:

  1. Don’t Talk.Do not say a word to the officer. You have a right to remain silent – take advantage of it. I cannot stress to you the importance of this rule. Do not talk! Do not attempt to convince the officer of your innocence. Most times, when people speak to officers they say something that makes their situation far worse.

  2. Don’t Run.If you run, not only could there be additional charges, but if the case goes to trial, then the prosecutor can argue that “guilty people run, innocent people don’t”. Also, police become highly suspicious that someone running has a weapon and may be quick to draw their weapon.

  3. Never Resist Arrest.Perhaps the most important thing not to do is touch the police officer at all! Follow what the officer says. Fight your case, not the officer. You will lose a fight against an officer. Many people attempt to bump the officer or swat an officers hands away. This often becomes over-reported by the officer and the swatting becomes hitting which falls under the assault statutes and now a minor misdemeanor arrest becomes a FELONY.

  4. Don’t Believe the Police.It is perfectly legal for the police to tell you false statements to get you to make an admission. In fact they are trained to lie to you to get the confession. It is called the Reid Technique where you lie about having witnesses or video tape or fingerprints or DNA. The police frequently separate two friends and tell one the other one “ratted” him/her out (i.e., told on you). Because of the lie, the other friend now rats the first friend out. Police and detectives also state that “it will be easier” to talk now…But It will only be easier for the police to prove their case.

  5. No Searching.Do not allow the police to search anywhere! If the police officer asks, they do not have the right to search and must have your consent. If you are asked make sure you proclaim to any witnesses that “You (the police) do not have consent to search.” If they perform the search anyway, that evidence may be thrown out later. Also, if you consent to a search, the officers may find something that you had no idea you or someone else had placed there.

  6. Don’t Look At Places Where You Don’t Want Police to Search.Police are trained to watch you and react to you. They know that you are nervous and scared and many people look to the areas that they don’t want the police to search. Do not react to the search and do not answer any questions.

  7. Do Not Talk Smack to the Police.I don’t care if you have been wrongly arrested and the true culprit is standing in front of you. Don’t talk smack. Police have a lot of discretion in the upcoming charges brought and how it all develops in the system. Police can add charges, change a misdemeanor to a felony, and will even talk to the prosecutor that is ultimately prosecuting you.

  8. If Police Come to Your Home, Do not Let Them In and Do Not Step Outside Your HomeIf the police show up at your door wanting to speak with you, make it clear they do not have permission to enter your home by stating: “No you may not come in”, or “I am comfortable talking right here”, or “You need a search warrant to enter my home.” If they return, your attorney can arrange for you to turn yourself in should that be necessary and you will spend no time in jail between the hearings.

  9. If You Are Outside Your Home and Arrested, Do Not Accept an Offer to Go Back In Your Home for Anything.The officer may say to you, how about you go inside and change, freshen up, talk to your wife, husband, get a jacket, or provide you with any other reason. The police will graciously escort you in and then tear your home apart searching through it. Also, do not let them secure your car. Your car is fine.

  10. Don’t say a word.Its’ incredible how many people feel that they can convince the officer, the booking officer or a detective that they are not guilty. YOUR CASE IS NOT DECIDED BY THESE PEOPLE. They have no effect on guilty or not guilty. Wait to speak to your lawyer. The courts and juries in particular give enormous weight to “confessions” during this stage. A suspect is almost NEVER released after being arrested.

If you’re looking for professionally aggressive representation, contact The Law Office of Andrew C. Huff today.

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New Law Prohinits All Cellphone Use and...Grooming?

Posted Friday, September 1, 2017 by Andrew Charles Huff

A new traffic law in Washington prohibits those who drive under the influence…of electronics.

The new distracted driving law, referred to as “E-DUI,” prohibits drivers from using a cell phone or any electronic device while driving, even when stopped at a traffic light. State troopers will give out warnings for the first few months before tickets get written. The first citation will cost drivers $136. A second citation within five years of the first one will increase to $236. Tickets found “committed” will go on a motorist’s record and reported to their insurance provider

Under the new law, drivers can also get a $99 ticket for other types of distractions like grooming, smoking, eating or reading if it interferes with safe driving and you are pulled over for another traffic offense.

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Prior Conviction Dismissed from Record

Posted Wednesday, August 30, 2017 by Andrew Charles Huff

A great outcome for a client who wanted to have a reduced plea removed from his record after originally being charged with Driving Under the Influence.

After being charged with a DUI, we were able to have it reduced to a Reckless Driving. My client met all conditions of probation and eventually the court ended their jurisdiction and released him of all conditions. Once the three-year waiting period expired under RCW 9.96.060, I filed the appropriate motion with the court and requested the Reckless Driving conviction be vacated and removed from his record, citing the above statute. To the judge’s credit, our motion was granted and now client goes back to having no criminal history.

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Protect Your Driver’s License

Posted Friday, August 18, 2017 by Andrew Charles Huff

Part of my job as a defense attorney is to protect my client’s driver’s license and avoid any sort of suspension the Department of Licensing seeks to impose after a DUI arrest or conviction. There are different ways a license can be suspended : They are 1) administratively, due to a refusal to submit to the test or because the reading exceeded the legal limit, or 2) as part of the criminal penalty due to a conviction of a DUI, which is mandatory.

Once your license suspension period is over, you are still not legal to drive unless you “reinstate” your license. You see, the DOL does not automatically give you your license back after you have served a suspension. There are reinstatement requirements that depend on the type and length of license suspension. So once your suspension period is over, you will need to reinstate the license in order to drive legally. In some cases, simply paying the reinstatement fee is required. In other cases, you might need to obtain an SR-22 insurance policy, an alcohol evaluation and follow-up treatment. In still other cases, you’ll need to take the written and driving exams in addition to other requirements before the license is reinstated. The forms sent by DOL on license suspension are not very helpful when it comes to the requirements for license reinstatement, but the DOL webpage is helpful.

If your license is currently suspended and you wish to have it re-instated, please give me a call at 206-729-3477 and let me help you get reinstated to drive.

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Labor Board to Hear "Body Camera" Challenge

Posted Friday, August 18, 2017 by Andrew Charles Huff

A state labor board has agreed to hear an unfair-labor-practice complaint brought by the Seattle police officers’ union challenging Mayor Ed Murray’s executive order directing the Police Department to equip patrol officers with body cameras. The complaint alleges the city had unilaterally implemented the plan without providing the union an opportunity to bargain over the issue.

In a preliminary ruling issued Wednesday, the state Public Employment Relations Commission found that assuming the alleged facts are true and provable, “it appears that unfair labor practice violations could be found.”

The guild, which represents more than 1,300 officers and sergeants, reiterated that it does not oppose body cameras, but that the city must follow state bargaining laws.Under the executive order, bicycle officers in the West Precinct, which includes the downtown area, were directed to begin using body cameras by July 22.

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