As attorneys we all face the reality that at some point a decision will be made in court by a Judge that goes against our client. Further, sometimes these decisions are legally and fundamentally wrong. A question many clients have of me is “how can the Judge make the wrong decision.” My simple and rather cynical answer is, “it happens all the time!” The truth is that while many Judges are excellent and have years of sound decisions behind them, occasionally there are Judges who don’t understand certain legal issues, allow their own personal beliefs cloud the law, or simply and fundamentally do what they want (or have agendas that they prefer).
So, what can you do if you encounter such as situation? It is essential that your attorney lay a good foundation at a motion hearing and present all the facts that favor you in a clear and concise manner. It is also essential that your attorney present a detailed legal brief that outlines the law and compares it to the facts in your case. If you do lose the argument, your attorney should request a “Findings of Fact and Conclusions of Law” from the Judge to preserve and or enhance your appeal rights. Finally, if you believe that the outcome of the argument is worth appealing, you may later appeal the decision if you wish (more on this in a later blog).
My office has such a motion today in a court (unnamed) in front of a Judge (unnamed) whose reputation precedes him/her. The motion should be an easy decision in our client’s favor, but if not, at least our client has an issue worth considering for appeal. An update will follow…
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Whatcom County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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