The only good thing to come of the publicity the trial received was the opportunity for me, a Bellevue DUI attorney, to watch two sets of fine attorneys go at each other to try to win the case. Every minute of the trial was broadcast over the internet, and I was lucky enough to get the chance to peek in every once in a while to see what was going on and hopefully pick up a few pointers.
While I must admit, I didn't necessarily pick up any useful trial tips or tactics from watching, the outcome of the case did remind of two important lessons that I wanted to share with you today. They go right to the heart of criminal defense practice, and they are important lessons to remind oneself of from time to time.
1. There is No Such Thing as an Unwinnable Case
If you were paying attention to any of the pundits, you would know that the case was circumstantial completely (i.e. there was no direct evidence tying Casey Anthony to the murder of her daughter) but the information that was going to be presented did not put Casey in a good light. Despite this fact her criminal attorney pressed on and fought the case - and in the end he won.While this case is not exactly like most DUI cases, there are some similarities. First and foremost, a DUI case is for the most part completely circumstantial, even with a breath test. There is no precise way to determine when someone can no longer safely operate a vehicle - all you can do is point to a bunch of surrounding facts to help you draw the conclusion (slurred speech, watery eyes, alcohol on the breath, etc.). But there are flaws in nearly every case that can make it difficult to determine whether or not someone was too drunk to drive - you just have to take the time to point out those flaws.
I must admit there are times when I get cases that I think are going to be difficult to defend. On the face of it they look pretty cut and dry. But I know, and the Casey Anthony case is a perfect example of it, that if you fight the good fight, if you make the prosecutor prove their case, you have a chance to come out on top. You never know what is going to happen. And, while it is true that you won't win them all, you're never going to have a chance to win if you don't go out there and fight.
And on the flip side of this, it's important to show prosecutors that you will fight, because they hate to lose. Every case to a prosecutor looks like a winner. They see the police report and they think there is no way they could lose. Like Casey Anthony's lawyer, a good DUI lawyer will go out there and steal a couple every now and then to remind the prosecutor's that if they don't negotiate fairly there's a chance the person could walk away.
2. Jurors Pay Attention and Want to do the Right Thing
Juries may not always get it right. Heck, they might even get it wrong a lot. But there is one thing I've found, and it was proven again in this trial - jurors take their jobs seriously and follow the instructions the best they can.Reasonable doubt can be a hard concept to get your hands around. While we're here, go on and try to say a definition. In some respects it's one of those "I know it when I see it" things. The bottom line, though, is that it is the prosecutor's responsibility to prove their case beyond a reasonable doubt. The defendant is presumed not guilty. If the state fails to meet that burden of proof, you've got to let the person go, even if you think they might have done it.
I can almost guarantee you that's what happened in this case. Is Casey Anthony likeable? Not really. Could she have done things differently? Most definitely. But did the state prove that she'd killed her daughter beyond all reasonable doubt? The jury's verdict says no. They heard all the evidence (or lack thereof) and made their decision. It's the right decision because they made it. Prosecutors are scared of this.
In your DUI case, you can often find yourself in the same circumstances. There may be some facts that don't paint your client in the best light. There may be some things to suggest that maybe they were too drunk to drive. But maybe isn't enough. It's our job as DUI attorneys to connect the dots for jurors, to show them that the state has failed, and to return a verdict of not guilty.
I hope you never find yourself in need of our services. But if you do, know that we have learned these two lessons and they form the backbone of our philosophy. We aren't afraid to take cases to trial. We aren't afraid to make the state prove the accusations against you. Call us today if you need help.
I'm interested in your take on the well established principle of 'jury nullification' Washington judges find so distasteful and do everything possible to prevent?
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