Christopher A Swaby’s Answers

Christopher A Swaby

Seattle Criminal Defense Attorney.

Contributor Level 13
  1. Is refusal of roadside test, breathalyzer, and giving blood going to help me with the criminal charge DUI?

    Answered almost 2 years ago.

    1. Russell J Hebets
    2. Rhidian David Watson Orr
    3. Nicholas Lubchenco
    4. Christopher A Swaby
    5. Robert Laurens Driessen
    6. ···
    6 lawyer answers

    I agree with attorney Hebets - while the state's case would be stronger with a failed field sobriety test or breath/blood test results indicating a blood alcohol level above the state limit, a jury could convict on the basis of the officers observations. The officer appears to have seem something that led him to believe that this was more than just speeding; he even included observations in his police reports that seem consistent with a person under the influence of alcohol. Contact an...

    13 lawyers agreed with this answer

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  2. Is a public defender as effective as a paid defense attorney? Do they review evidence and interview the defendant as well?

    Answered about 1 year ago.

    1. Christine C McCall
    2. Anthony Michael Solis
    3. Joseph Salvatore Farina
    4. Michael Charles Doland
    5. Christopher A Swaby
    6. ···
    6 lawyer answers

    Some of the best private criminal defense attorneys in this country started their careers as public defenders. The case loads are large but that doesnt necessarily mean that the public defenders so a bad job. Your friend must continue to make attempts to contact his attorney to share the information regarding his innocence; if you have that same information, perhaps you could contact the attorney. If contact by phone isnt working, use email or certified letter instead ( I like email because...

    9 lawyers agreed with this answer

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  3. Is a cop's word evidence in a court?

    Answered about 2 years ago.

    1. Landon J Ascheman
    2. Gary A Kester
    3. Max Allen Keller
    4. Christopher A Swaby
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    If you are on probation for DWI and a police officer thinks you have been drinking because you told him you had been drinking, then it is likely that he meant it when he said he would speak with your probation officer. If there were a probation violation hearing, you would have to tell the court both that you werent drinking and never told the officer that you had been; that is tantamount to calling the office a liar which usually doesnt go over well with a judge (absent actual proof that the...

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  4. Can, or should I file an appeal?

    Answered almost 2 years ago.

    1. Christopher A Swaby
    2. Adrian Martinez Madrone
    3. Timothy A. Provis
    4. Joshua Sachs
    4 lawyer answers

    Typically, when a person enters a guilty plea the only thing that can be appealed is an illegal sentence. You may be able to ask the court to withdraw your guilty plea. Beware that if the court grants such a motion, you essentially start all over again and the state isnt at all required to give you the same plea offer, or any plea offer at all. It may well be that to assert the involuntary intoxication defense, you might have to go to trial, which could lead to a conviction on the original...

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  5. Can i get my dui case thrown out?

    Answered almost 2 years ago.

    1. Adam Joseph Yanasak
    2. Christopher A Swaby
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    Your case will not be dismissed for what is likely a scrivener's error. The court will look to see if there was a reason for the initial traffic stop and believe the officer when s/he says you were speeding. And it is unlikely that you passed the field sobriety tests, though you feel certain you did. Contact a criminal defense attorney in your area who is experienced in DUI defense. Most offer free initial consultations. Talk to more than one before deciding which to hire. If you cannot...

    7 lawyers agreed with this answer

  6. Can I get a charge dropped after I have already agreed to a plea bargain?

    Answered almost 2 years ago.

    1. Christopher A Swaby
    2. Kate M Forrest
    3. Michael Steven Clark
    3 lawyer answers

    Many of the best private criminal defense attorneys you will find started their careers as public defenders. Public defenders typically have more experience dealing with the prosecutors and judges in their local courts because they are in court more often. If your defender said he couldnt get the charges dropped, that probably means he tried and the state refused. If you have already entered a guilty plea, then you would need to make motion to withdraw the plea. That is a very difficult...

    7 lawyers agreed with this answer

  7. How long is jurisdiction in a dui case

    Answered about 2 years ago.

    1. Scott Weymouth Lawrence
    2. Christopher A Swaby
    3. Michael Steven Clark
    4. Heather Rogers Straub
    5. Cristine Beckwith
    6. ···
    7 lawyer answers

    5 years from the date of sentencing, minus any time spent on bench warrant status. your probation would have ended in 2011 if you were never bench warranted.

    7 lawyers agreed with this answer

  8. How is a public defender allowed to waive your right to a speedy trial?

    Answered almost 2 years ago.

    1. Robert Edward Heyman
    2. Robson David Charles Powers
    3. Christopher A Swaby
    4. John Skyler Riordan
    5. Harry Edward Hudson Jr
    6. ···
    7 lawyer answers

    An attorney typically cannot waive any of a client's rights without the client's approval, which normally means having discussed the rights and the reasons supporting a waiver of those rights with the client. If he never informed you that he was waiving your right to a speedy trial even if it was for a good reason, then it is something that you should discuss with your appellate attorney. Understand that attorneys generally seek to continue trial dates in order to have time to be properly...

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  9. Can Alaska extradite for a misdemeanor DUI bench warrant?

    Answered about 2 years ago.

    1. Christopher A Swaby
    2. Scott Weymouth Lawrence
    3. Thomas A. Mackin
    4. Andrew C Huff
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    I am not sure that a misdemeanor, as opposed to a felony, bench warrant is going to be enforced in WA. I think it is more likely that you will be made aware of the warrant and told to resolve it. If you are taken into custody on it, AK has a limited number of days in which to transport you back. Your license will be suspended. All 50 state and the District of Columbia have agreed that they will enforce each other's actions on license suspensions. If a DUI has suspension implications in...

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  10. Should my son have been arrested when his BAC was .000 and .002g/210L and no drugs were involved.

    Answered about 2 years ago.

    1. Scott Weymouth Lawrence
    2. Christopher A Swaby
    3. Ryan C Witt
    4. Alexander Bruce Johnson
    4 lawyer answers

    The police may have seen driving behavior that, when coupled with failed field sobriety tests, gave him/her reason to believe that your son had been under the influence of alcohol. It seems unlikely that the state could get a conviction on such a low BAC but it is possible. Please contact an attorney in your area familiar with DUI defense. There are a number of really good attorneys in the TriCities.

    6 lawyers agreed with this answer