What Is Best Type Of Criminal Case To Plea Bargain?
What Is Best Type Of Criminal Case To Plea Bargain?
Ray Hrdlicka – Host – Attorneys.Media
“What is the type of crime that lends itself to plea bargaining more so than others?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It depends what you mean by ‘lends itself’. I think that a lot of DUI cases are traditionally plea bargained. I think there’s a number of reasons for that. I think the state’s witnesses in a DUI case…”
Ray Hrdlicka – Host – Attorneys.Media
“It’s the cop…the officer?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“It’s not just the cop. Generally, you’re going to have a state toxicologist that’s going to testify about the breath test machine and the breath test results, and the state breath machine technician that’s going to talk about (it). Those witnesses are trained to testify. The cost of an expert to testify against them is extreme. So, I think a lot of those cases, from a criminal defense standpoint, you look for a way to try to resolve the case and avoid trial.”
Ray Hrdlicka – Host – Attorneys.Media
“So, wait a minute. Does that mean that the defendant will end up paying for the cost of the witnesses brought forth by the prosecutor?”
Spencer Freeman – Criminal Defense Attorney – Pierce County, WA
“No. But if the defendant wants to bring in an expert witness to counter the prosecutor, the criminal defendant’s going to have to pay that. Unless they’re absolutely indigent, then there’s a way to get the state to pay for that. But if you own a home, or you have a job, you’re not going to qualify for that. And there’s just a lot of DUI cases that get filed every year. Most of them resolve. Especially first-time DUI’s resolve.”
Born and raised in Colorado, Mr. Freeman stayed in the Pacific Northwest after graduating cum laude from Seattle University School of Law in 1995, at which time he was awarded the National Order of Barristers by the National Board of Governors. After gaining extensive trial experience as a prosecutor for the City of Tacoma, Mr. Freeman worked locally for several small law firms focused on personal injury and criminal defense. In 2000, he began to work at a downtown Seattle law firm, where he worked with some of the best lawyers in the nation. During the better part of the next six years, Mr. Freeman was blessed to do work for one of the largest national television providers litigating matters involving the theft of encrypted satellite signals. During this time, he worked closely with corporate counsel and assisted in developing and managing a national litigation campaign. He appeared in federal courts throughout the nation, gaining extensive experience in both federal court litigation and the pursuit of intellectual property thieves attempting to hide on the Internet.
In late 2005, Mr. Freeman decided to open a practice in Tacoma, where his family was growing. Mr. Freeman’s connections locally and nationally nourished his practice over time. He has served the local community as well as handling cases in federal courts across the country. Locally, Mr. Freeman has assisted local businesses in such matters as contentious shareholder disputes and individuals in matters ranging from catastrophic injuries to class A felonies as well as lawsuits against insurance companies for bad faith claims practices. He tried a Whatcom County Superior Court case for a bail bond company that resulted in the first appellate law in Washington truly outlining the rights of fugitive recovery agents. He has tried cases in many counties throughout the State of Washington, argued before the Court of Appeals Division I and Division II and the Washington State Supreme Court.
Mr. Freeman’s practice has taken him beyond Washington State, where he has handled cases for national Internet multi-media companies enforcing copyrights in states such as Florida, Nevada, Arizona, and California. In those cases, he has successfully argued for jurisdiction in the United States against individuals that reside in other countries. Mr. Freeman also represented a publisher against sheriffs regarding First Amendment Rights to distribute a magazine in county jails, resulting in arguments before the Ninth Circuit Court of Appeals and the first case law of its kind. He has argued before the Ninth Circuit Court of Appeals five times and submitted a briefing to the United States Supreme Court.
On more than several occasions, Mr. Freeman has been retained by parties on the near eve of a trial solely for purpose of being lead trial counsel. One such successful case was against the U.S. Department of Justice in their first trial attempting to enforce the CAN-SPAM Act for the actions of independent contractors.
Mr. Freeman’s passion and strength lay in front of a jury. He finds a beautiful balance between fact witnesses, statutes, case law, rules of evidence, and the different contexts of each jury. Most cases find a resolution before trial, but the best resolution occurs when counsel is prepared to try the case. And, when a case cannot find resolution, Mr. Freeman loves to go to work.
