How can you represent someone you know is guilty? The role of the criminal defense lawyer is almost entirely either unknown or misunderstood. In fact, it is a fine and noble role in a democratic society, and one that is indisputably necessary. Here's the thing. When people came out of caves and banded together, it became obvious in short order that rules were necessary. Rules beget rule enforcers. Rule enforcers beget rules that govern the rule enforcers. That's where criminal lawyers come in.

The legislature makes laws against rape and pillage and D.U.I., etc. They are good laws and they are necessary laws. police are hired and trained to catch the perceived law-breaker. Prosecutors are hired and trained to prosecute the case through the system. Judges are hired and trained to referee the contest. Over this whole system is the constitution and other case law and statutes and regulations that govern the legislature, the police, the prosecutors and the judges. It is assigned role of the defense lawyer in our system to ensure that each of these rules are enforced, as the government seeks to enforce the rules against the citizens.

For example, if the constitution says no law shall be written in such a way that a man of common intelligence has to guess at its meaning, then the defense lawyer will stand up and point out the illegality of any law the legislature passes that is in violation of that larger law. If the legislature passes a law that requires compliance with certain protocols before the jury may consider the results of a breath test, for example, a defense lawyer will stand up and point out the illegality of a breath test that did not comply with the law's requirements. If the Supreme Court outlines certain rules for the admissibility of evidence, for example, it is the defense lawyer's job to make sure that any evidence sought to be used by the State that is contrary to those rules not be used. Similarly if the police or prosecutor or judge violate the law in the pursuit of their objectives and in carrying out their duties, it is the defense lawyer whose role it is to yell foul and correct the wrong.

So, while there are wise and necessary criminal laws to protect public order that need be enforced, it is the wisdom of our system of government, that those who enforce the law must obey the law in doing so. If fact, it fundamental tenet of our system of government, that it is more important to keep the system law-abiding and controlled than it is to enforce the lesser laws. If the law enforcers - be they the legislature, the police, the prosecutors or the judges - violate the law, evidence that is obtained from such violation is not allowed to form the basis of a conviction, and any conviction that is obtained in disregard of the law will not stand.

So, in that sense, the criminal defense lawyer is a prosecutor of the higher laws that govern those who prosecute the criminal laws.

The Defense Objective

The defense objective will be the best possible result based on evidence and law. Sometimes that will involve pre-trial motions to exclude improperly obtained evidence. Sometimes it will involve motions to dismiss based on flaws and/or evidentiary failings in the government's case. Sometimes the end result is a dismissal (thrown out by the judge). Sometimes it is an acquittal (a "Not Guilty" finding by a jury). Sometimes the examination of the government's case and the building of the defense case will lead to a plea bargain (a settlement agreement). Sometimes the charges will lead to various kinds of treatment. Sometimes the case will proceed to a jury trial. Sometimes a case will go to a higher court on appeal. Throughout, the objective will be the best possible result based on evidence and law.

The Fact-Gathering Process

The first (and a continuing) task is to obtain all evidence that will be used against you if the case were to go to trial, together with any relevant and exculpatory (tending to case doubt on the State's case) evidence in the possession of the government. Case law and court rules are quite clear on Washington's near "open-file" policy of discovery.

The Case Analysis and Evaluation

With the government's case in-hand, we'll be ready to sit down and begin an analysis of that evidence. In addition, we'll determine what evidence is uniquely in the possession of the defense or that will be beneficial to the defense. In rare cases I will recommend the use of a private investigator and/or other expert services toward the end of gathering and/or being able to present the best possible posture for our case.

We will then apply the entirety of the law against this evidence, from the federal constitution, the Washington State constitution, Washington State statutes, decisions of the federal courts and Washington courts, court rules, and administrative regulations, as applicable.

Legal Conclusion, Advice, Decision & Strategy

Once the law is applied to the facts of the case, we'll be able to draw applicable legal conclusions. For example, if the facts were the an anonymous informant called into 911 to report a drunk driver, and based on that call alone the officer stopped you. From those facts, we would apply the case law that prohibits the police from stopping a motorist based on an uncorroborated anonymous tip, and draw the conclusion that we need to prepare and file a motion to suppress all evidence illegally derived from that stop.

Based on the legal conclusions we are able to draw, I will provide clear, detailed advice on the options available, and the pluses and minuses of each of those options. I will advice a specific course of action and will work with you to make your decision among the options. We will then develop a case strategy.

Explain and Educate to a Comfort Level of Understanding

One of my primary jobs as defense counsel will be to explain your legal situation to you; to educate you with respect to it to such a level that you will reach a comfort level of understanding. It will be my job to explain the law to you, and the interaction between the law and the facts, the system and its procedures.

Throughout, it is important for you to understand that it is YOUR CASE. I will analyze and evaluate and legally conclude and advise. I will explain and educate and I will make my advice clear. Ultimately, it is you and only you who can make the ultimate decisions. My job is to enable you to make those often difficult decisions as much confidence that full knowledge of the law, facts and system permit.

The Presentation

It is too obvious to be gainsaid that how a case is presented in court is often critical to success. The presentation needs to be prepared, complete and persuasive. I leave it to others to gauge my effectiveness in this regard, but you should not hesitate to ask others about me and my work.

Toward that end, where helpful, I make extensive use of the latest technology in audio-visual capability, including Trial Director®, and PowerPoint® projected images. I have full capability to present projected images of any item of evidence by means of a document camera, laptop and projector in combination with an electronic whiteboard that permits me to draw temporary or permanent emphasis underlines, highlighting, and content emphasis to any jury on an expanded electronic display.

The Correction of Errors

Appeals are not too frequent and are always optional. If an error occurs that prejudices a fair trial (including the rulings on pre-trial motions), errors that the trial judge either causes or fails to correct, an appeal is always an option.