Personal Injury and Criminal Defense Legal Blog

GIVING JUDGES MORE DISCRETION TO DENY BAIL TO DANGER CRIMINAL DEFENDANTS

Currently, criminal defendants charged with violent crimes such as sexual assault, rape, other types of sex crimes, and assault with a deadly weapon, will be issued a bail at arraignment as a condition of release. While Judges have the option to set the bail as high as they want, within reason, along with the option to make the bail bondable, they must set a bail unless it is a criminal charge of capital murder. When a bail is bondable, it means a defendant pending trial on a criminal case can arrange for a bail bondsman to post the bail on his case, allowing for their release. Usually, the bail bondsman will want at least 10% of the bail amount for this service along with collateral for the entire bail amount. This is for the bondsman’s security in case the defendant fails to “show up” for a scheduled Court hearing, which would likely cause the Court to revoke the bail and issue an arrest warrant for the defendant. Often times the bails posted by bondsman are insured with an Insurance Company would demands on the bails being properly collateralized. As you can imagine, if a criminal defendant pending trial does not have the financial resources to post the entire bail themselves, having the Court make the bail bondable is very helpful to secure their release while the criminal case is pending.

Our criminal court system requires a certain amount of human discretion. Judges must review the facts of a criminal case quickly along with the history of the criminal defendant before them and make a decision on bail along with other conditions of release, such as how arrest and required treatment. Judges will generally have a recommendation from the prosecutor along with the defense attorney. Society must put a certain level of trust into its Judges hands to make the proper decision. Allowing for no bail options on criminal defendants charged with serious crimes during their ongoing case gives Judges additional discretion, which we must assume will be used properly under the circumstances.

The FBI among other law enforcement agencies serving numerous search and arrest warrants in the Tacoma, Washington State Area.

In the early morning hours of February 9, 2010, the FBI, the South Puget Sound Gang Task Force and the Tacoma Police Department began their attempt at cleaning up the streets of Tacoma, making it a safer place for families and the community as a whole. Numerous search and arrest warrants targeting over 30 alleged members of the Hilltop Crips street gang were issued and served.

Several arrests have been made and law enforcement continues to work diligently. The individuals targeted in the warrants are alleged to have committed attempted murder, home invasions and carjackings. According to a news release from the Tacoma Police Department and FBI, it is expected that 32 people will initially be charged with a total of 51 crimes associated with 22 specific incidents.

All those who are arrested Tuesday will appear Wednesday for their arraignment at the Pierce County Superior Court in Tacoma.

Additional details will be provided by Pierce County Prosecuting Attorney’s Office, The Tacoma Police, and The FBI at a news conference following Wednesday’s arraignments.

Source: NWSource

Crime Rates in Seattle Higher than National Average

Recent FBI data shows that, while the number of rapes and murders occurring in Seattle is lower than the national average, all other instances of crime are more rampant in Seattle than they are nationally. Statistically, violent crimes pale in comparison to the number of property crimes committed against Seattle residents. In particular, instances of larceny and theft take place more often than any other type of crime.

Reportedly, the total number of violent crimes in Seattle is 1.15 times that of the national average. Property crimes, which include burglary, larceny/theft, car theft, and arson, were recorded to be 1.82 times the national average, with car theft inflating that number greatly being at a dismal 2.62 times the national average. Regardless of the type of crime that occurs in Seattle, all cases need to be carefully examined to ensure that the charges brought against an individual are not inaccurate.

Crime in Seattle is a problem, but individuals accused of crimes should not be deemed guilty even before they face trial. Innocent individuals are accused of crimes often, and the best way to combat such accusations is to retain the services of an experienced Seattle defense attorney that will fight to ensure that the rights of the accused are not infringed upon in a court of law.

At McNeese & Trotsky, PLLC, our Seattle violent offense attorneys will examine the circumstances surrounding your arrest, and will mount the strongest possible defense on your behalf given those circumstances. If you have been accused of any type of crime in Seattle, don’t hesitate to contact our office to assist you in your defense. Please call us today at 888-282-6977 for a free and confidential evaluation of your case.

Source:http://www.cityrating.com/citycrime.asp?city=Seattle&state=WA

Increase in Crime Around UW Campus Fault of Students?

Newly admitted students to the University of Washington are being warned to stay on their guard and beware of dangerous crime situations that they may find themselves a part of during the beginning of the new school year. According to Komo News, crime levels have certainly risen at the University of Washington, with an increased number of crime alerts recently having been sent out to students and faculty of the university. According to campus police, the recent influx of crimes committed against students is not an indication that crime is getting worse, but simply an indication that there are more students present and potentially susceptible to instances of crime being committed against them.

According to Seattle police, an increase in the number of crime alerts sent out to members of the University of Washington community will do nothing but two things: either cause a panic amongst the UW community, or desensitize that community, potentially causing it to be less aware of, and more susceptible to, being a part of dangerous situations that could otherwise be avoided. If a panic does ensue, then such behavior will undoubtedly lead to more accusations against innocent individuals being made, simply because those individuals are in the wrong place at the wrong time, or don’t meet the stereotype of the type of person that is regularly in the area. If an individual finds him or herself falsely accused, then that individual’s best course of action should be to retain the services of a skilled criminal defense attorney that will examine the details of the arrest and charges, and mount the best possible defense on their behalf, given the circumstances of the case.

If you stand accused of a committing a crime in Seattle, don’t hesitate to contact the experienced Seattle criminal defense lawyers at McNeese & Trotsky, PLLC. Our skilled criminal defense lawyers will examine the details surrounding your arrest, and will build the best possible defense on your behalf given the circumstances of your case. Please call us today at 888-282-6977 for a free and confidential evaluation.

University Place Bank Robbed by Hockey-Masked Man

According to Seattle’s Komo News, a University Place bank was robbed by a man that wore a hockey mask as he committed the crime. The robber walked into the Chase Bank, demanded money, and fled the scene on foot after being given the cash. Witnesses described the man as a white male in his 30s, standing about six feet tall, and with a shaved head and goatee. Video surveillance shows that the man was wearing a dark-colored hooded sweatshirt, dark pants, and black leather gloves.

In all instances where surveillance footage is released to the general public via news channels and other media, it is important to remember that while an individual may look similar to the person truly guilty of the crime, it does not mean that the similar looking person is truly guilty of a crime. False accusations can negatively impact a person’s way of life, and can lead to missed opportunities as a result, possibly regarding employment or housing. While an individual accused of a theft crime does not face as harsh a stigma as those individuals accused of more serious crimes, such as sex crimes, nevertheless, that individual should not be deemed guilty of any such wrongdoing until a jury of his or her peers determines such. In all instances where a person is accused of a crime, it is imperative that accused individuals retain the services of a skilled criminal defense attorney that will help build on their behalf the strongest possible defense given the circumstances of the case.

If you have been accused of committing a theft crime, please don’t hesitate to contact the skilled Seattle theft crime defense attorneys at McNeese & Trotsky, PLLC. Our aggressive defense attorneys will draw on our legal experience and knowledge to ensure that your rights are not infringed upon in a court of law. Call us today at 888-282-6977 for a free case consultation.

Source:http://tacoma.komonews.com/content/who-was-masked-man-robbing-bank

Does Rehabilitation Really Work? Data Shows That It Just Might

Financial woes in the state of Washington are leading to the early release of inmates from prisons. According to a story appearing in The Seattle Times, certain inmates that commit to participating in rehabilitation programs while imprisoned are being granted reductions in their sentencing, sometimes by nearly as much as 50%. Participation in other programs, such as job training, and general good behavior are also being cited as reasons why the prison population across the country is decreasing.

While victims’ advocate groups and law enforcement are certainly opposed to the proposed cost-cutting method, correctional facilities point out that inmates whom have completed rehabilitation programs are better candidates for release (even if it is early) than those incarcerated individuals that have served their entire sentences yet never sought or completed such treatment. According to a study by the Washington State Institute for Public Policy, those offenders that are released early from prison are much less likely to commit future crimes upon release than those individuals that serve their entire sentences, treatment programs attended or not. Ultimately, opponents of the plan reason that completion of rehabilitation and job training programs is no indication that a released inmate is going to turn his or her life around and that such programs are only being completed in order to secure earlier releases from prison.

While the debate rages on, and more and more inmates are released early, it is important to remember that while rehabilitation is not full proof in correcting unsavory behavior and tendencies to commit crime on the part of ex-inmates, those individuals that do complete such programs should be afforded every opportunity at proving they are truly reformed. If a crime in Washington is committed by an individual that has recently been released, then it is in that individual’s best interest to retain the services of a criminal defense attorney in Seattle that will see to it that their rights are upheld in a court of law.

If you stand accused of a crime, please do not hesitate to contact the experienced criminal defense attorneys at McNeese & Trotsky, PLLC. Our skilled lawyers will examine the details surrounding your arrest, and will build the strongest possible defense on your behalf given the circumstances of your case. For a free consultation, call NcNeese & Trotsky, PLLC today at 888-282-6977.

Source:http://seattletimes.nwsource.com/html/nationworld/2010070802_apusprisonersearlyrelease.html?syndication=rss

Financial Adviser Convicted of White-Collar Crime Against 97-Year-Old

According to the Seattle Times, a 97-year-old woman was allegedly taken advantage of by a man whom she entrusted her finances to. Reportedly, the woman experienced a loss of $1.5 million over the course of five years. The man, whom she considered her business consultant, and whom later assumed the role of her personal representative, alleges that the woman authorized him to accept the funds as his own, and that the funds served as payment for his services. The man was recently convicted on one count of first-degree theft, and currently faces up to 90 days in jail. However, due to the special circumstances of this case, namely that he was found guilty of two aggravating offenses (crime against a vulnerable victim and committing major economic offense), the presiding judge could impose a lengthier jail sentence via an exceptional sentence.

One key detail in this case was that the woman was deemed vulnerable due to the fact that she had Alzheimer’s disease. Though the man made his case that any funds he acquired from the woman were legitimate payment for his services, the overall actions that took place were not deemed to have been in the best interest of the woman. Allegedly, the man withdrew money from the woman’s bank accounts and credit cards, and used the funds for his own personal use. Such action would certainly fall in line with said funds being considered payment, and not being considered stolen or unearned. In any event, a jury of his peers helped determine that the man was in fact guilty of wrongdoing committed against the elderly woman, and as such serves as yet another example of white-collar crime being committed in Seattle.

White-collar crime is not characterized by violent action. Instead, it is crime committed against a person by another individual or entity, such as a corporation, which can take the form of embezzlement, bribery, tax evasion, or any other action in which an individual is defrauded out of monetary funds or services. Accusations of white-collar crime often are made in response to evidence of such impropriety; however, such evidence cannot always be deemed as truly indicative that any sort of wrongdoing actually took place. Given the aforementioned case, the evidence could have very well pointed to a he-said, she-said type scenario, which could have ultimately labeled the man not guilty of the crime. In any event, retaining the services of a skilled Seattle white collar crimes attorney can be the difference between freedom and prison.

If you have been accused of a white collar crime, please don’t hesitate to contact the criminal defense attorneys at McNeese & Trotksy, PLLC. Our experienced defense attorneys will examine every detail of your arrest and the charges being brought against you, and will build the strongest possible case on your behalf, given the circumstances of your particular situation. If you stand accused, don’t hesitate to call us today at 888-282-6977 for a free consultation.

Source:http://seattletimes.nwsource.com/html/localnews/2009976229_webdash30m.html

Green Lake Robberies Put Seattle Residents on Edge

The information site nwcn.com reports that Seattle residents need to be on heightened alert when traveling the paths along the Green Lake area, particularly late at night. A recent string of armed robberies taking place near the lake has resulted in increased police patrols of the area, in addition to a recommendation that people steer clear of the surrounding pathways once the sun goes down and visibility decreases.

While it may be a good idea to limit one’s nighttime activities, particularly in areas that are poorly lit and provide less than optimal visibility, it should never be assumed that those individuals that are out at night may in some way be connected to crimes being committed. In some cases, paranoia and increased worry can make people irrational, and that irrationality can quickly lead to individuals jumping to conclusions that may result in false accusations, incriminating testimony that may or may not be accurate, and innocent individuals being accused of crimes that they did not commit. In times of such heightened public fear, it is important to remember that not all individuals are up to no-good just because they are out and about once the sun has set.

Suspicious behavior should certainly be noted, and preventative action, such as vacating the area, should be taken to help ensure one’s own safety. Hopefully, with increased police presence, false accusation will not be a problem amongst Seattle area residents.

If you have been accused of a crime, it is important that all details of the arrest are carefully examined to ensure that false accusation or misinterpretation of evidence was not a determining factor in your arrest. At McNeese & Trotsky, PLLC, our experienced Washington criminal defense attorneys will examine the circumstances of your arrest, and will mount on your behalf the strongest defense possible given your situation. If you face criminal charges in the Washington area, please don’t hesitate to contact one of our attorneys today at 888-282-6977 for a free case consultation.

Source Article:http://www.nwcn.com/topstories/stories/NW_091109WAB-armed-robberies-LJ.16c75ab77.html

Traffic Stops Could Result in Blood Tests

According to examiner.com, the National Highway Traffic Safety Administration is promoting a new program that will allow properly trained law enforcement officers to take blood samples from individuals whom they suspect of driving under the influence and being intoxicated. In Washington, it was recently ruled by the court that officers have the right to force a blood draw from individuals whom they suspect of driving while under the influence; as it was determined that a person’s blood is considered evidence and therefore capable of being seized. Though an individual may initially refuse such testing, a warrant can be obtained requiring the individual to submit so as to determine blood alcohol concentration.

While the article says that individuals have the right to refuse to submit to alcohol tests in the form of breathalyzers and other chemical testing, it does point out the important detail that a person’s blood is considered evidence. While penalties for refusing more traditional testing take the form of license suspension, refusal of one’s blood is not a valid option. For residents in Arizona, when given the option of either submitting to traditional testing or having one’s blood drawn, individuals have become more compliant with the former, opting for administered chemical tests over blood submissions. Refusal rates for submitting to chemical tests have dropped from 20% to 8 or 9% since it was deemed that blood testing could be obtained one way or the other.

Of the many arguments against law enforcement officials drawing blood while out in the field, the main objections stem from the idea that law enforcement officials may not be properly trained, and test results, therefore, may not be entirely accurate. While it stands to be determined whether or not mobile blood testing can provide safe and accurate results, it is important for all motorists to realize that they have rights that should not be infringed upon by anyone.

If you have been accused of driving while under the influence, please do not hesitate to contact the criminal defense attorneys at McNeese & Trotsky, PLLC. Our skilled Washington DUI lawyers will examine every detail of your arrest to ensure that your rights were not infringed upon, and will mount the strongest possible defense given the circumstances of your case. If you stand accused, please don’t hesitate to contact us today at 888-282-6977 for a free case consultation.

Source Article:http://www.examiner.com/x-8543-SF-Health-News-Examiner~y2009m9d15-Cops-drawing-blood-in-DUI-fight

SpotCrime to Provide Crime Data to the Public

According to Reuters.com, a crime reporting service known as SpotCrime will soon be put into place in the Washington area. The service is intended “to provide local crime data to the public via broadcast stations” and will do so through broadcast stations affiliated with Capitol Broadcasting and Fisher Communications. SpotCrime is intended to provide the public with information regarding recent criminal activity, all in the hope that people will become more aware of crimes occurring in their areas. This increased awareness is meant to help residents be more cautious and ultimately exhibit more effective safety practices.

While SpotCrime is not intended to deliver biased information that may incriminate an individual or group of individuals, it does point out specific areas in which crime is occurring. Though there does not seem to be any sort of issue with the service that would be detrimental towards the public’s well-being, it remains to be seen whether or not the service will in fact produce safer and more aware citizens. Hopefully, SpotCrime will provide a valuable service to all people in the Washington area by reducing the number of opportunities for crime to occur and lower the overall crime rate as a result.

With such rapid improvements in public awareness, one can assume that incidences of crime may fall. However, we as a society must remember that individuals accused of crimes are in fact innocent until proven guilty, in all instances. Just because crime data is becoming more accessible to the public does not mean that unwarranted conclusions should be arrived at, nor should innocent individuals be deemed guilty before they have been given the opportunity to legally defend themselves.

At McNeese & Trotsky, PLLC, our skilled Washington criminal defense attorneys will examine the details of your arrest and the charges being brought against you. In doing so, our attorneys will build on your behalf the strongest possible defense given the circumstances of your case. If you have been accused of a crime in the Washington area, please don’t hesitate to contact one of our attorneys today at 888-282-6977 for a free case consultation.

Source Article: http://www.reuters.com/article/pressRelease/idUS170682+08-Sep-2009+BW20090908