Ray Hrdlicka – Host – Attorneys.Media
“But how do firearms approach how you approach the case?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“Well, there’s certainly it’s going to alter how I view negotiations toward a plea bargain could work. If I’ve got a case that doesn’t have a firearm, then the risks at trial are less severe. Proving the firearm….if the prosecutor gets past some motions to dismiss the enhancement…proving the firearm at trial is rather easy. The firearm enhancement. So, it becomes a big risk at trial. And it can change the landscape. Even in assault cases, if there’s a firearm involved, you can change a defendant’s potential liability at trial from several years up to…making it up to 13 years. Because there’s a firearm involved. I’ve definitely had that situation happen. So, when there’s a firearm enhancement involved, it certainly alters how you balance risks as you think about heading into trial.”