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Should I Hire a Criminal Defense Attorney?

Posted Saturday, October 21, 2017 by Andrew Charles Huff

If you are even considering this question, you should consider contacting an experienced Seattle defense attorney who can fully review your situation and advise you on your next steps.

Most likely, if you are asking this question either you or someone you know and love has recently been arrested and is facing criminal charges or you think you or someone you love will be soon facing criminal proceedings.

If either of these is true, you better believe the prosecutors will come well prepared with experienced lawyers fighting on their behalf, why shouldn’t you have the same benefit?

When dealing with any type of case, whether it is a traffic problem or a serious felony, an aggressive defense lawyers can make a difference in the outcome. So get a running start and contact an attorney as soon as possible.

I will meet with you for a free to discuss your case and answer all your questions. I will take the time to listen to you and help you resolve whatever issue you are facing.Call me today and let’s talk about your case.

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Misconduct by the Government…But Not Prejudicial?

Posted Saturday, October 21, 2017 by Andrew Charles Huff

Our State Supreme Court just ruled the Government disclosing their Toxicologist witness the morning of trial was misconduct, but had not prejudiced the defendant in this case.
The Court noted the prosecution had disclosed the names of nine toxicologists from the lab five months prior to trial, narrowing this list down to three the day before trial and to one the morning of trial. The Court reasoned that counsel had had ample time to prepare to cross-examine all nine toxicologists and all nine would have provided substantively similar testimony. No actual prejudice was found in this case.

However, the Court did show their displeasure that the prosecutor tried to minimize their discovery obligations and this appeared to be the standard operating procedure for the state toxicology lab.State v. Salgado-Mendoza:

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If You Steal a Riding Lawn Mower, Are You also Stealing a Car?

Posted Saturday, October 21, 2017 by Andrew Charles Huff

If you steal a lawn mower, then are you guilty of Theft of a Motor Vehicle…or just a lawn mower?

Our State Supreme Court was asked to decide that question recently and decided that a riding lawn mower does not fit the definition of a “motor vehicle” under Washington’s theft of a motor vehicle statute. The Court reasoned that the legislature had chosen not to define “motor vehicle” in the theft statute, and therefore the Court gave the term its plain and ordinary meaning. They determined that the legislature had used the term “car,” “auto,” or “auto theft” more often in its findings than the term “motor vehicle,” and that the legislature “passed this bill with the explicit purpose of curbing the rising rate of auto thefts.”

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The Draeger Alcotest 9510 Breath Machines are Coming!

Posted Saturday, October 14, 2017 by Andrew Charles Huff

The Washington State Patrol has been slowly replacing the old DataMaster Breath test Machines with the new German-manufactured Draeger Alcotest 9510, a device primarily based on the same flawed fundamentals as the old machines. At this point, King County has not begun using these machines but that point will be here soon. The Draeger Alcotest machines have been installed in Snohomish County. However, due to some courageous litigation challenging the manufactures’ reluctance to disclose basic documents about its technology, prosecutors so far have decided not to use breath results.

The main concern with the Draeger is with the software and how it manipulates the reported results. Questions are being raised whether some of the algorithms used are based on science at all. Further, Draeger, an old German company, sells their machines exclusively to governments and has refused to disclose the source codes and technical information to the public, thereby concealing the information from the public.

I have recently filed a challenge to the Draeger Alcotest results currently being used in Island County and will post updates as litigation progresses.

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Study: Eyewitness Testimony is Unreliable.

Posted Friday, October 13, 2017 by Andrew Charles Huff

A recent Australian study has concluded that when too many eyewitnesses are in unanimous agreement with one another then their testimony is more likely to be unreliable. The fascinating and counterintuitive results could have serious implications for the criminal justice system, where unanimous agreement is usually seen as a sign that the testimony is more reliable.

The study published in the Proceedings of the Royal Society A, researchers looked at how reliable unanimity among eyewitnesses identifying a suspect in a police lineup actually is. The study found that if up to three eyewitnesses identified the same suspect then their testimony could be considered reliable, but unanimity among more than three eyewitnesses made it less reliable. That’s because human memory is innately imperfect and there will always be a risk of misidentification, so if a dozen eyewitnesses are identifying the same suspect then that is less a sign that their testimony is correct and more an indication of systemic bias, such as an officer in the room giving each eyewitness subtle hints about which person in the lineup they believe to be the culprit.

This study should serve as a reminder to anybody who is being charged with a criminal offense that evidence against them can always be challenged and that no outcome is ever guaranteed. For those who have been charged with a crime, it is important to talk to a criminal defense attorney immediately. An experienced attorney can help clients build their case and fight to minimize the damage that a charge or conviction may carry.

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