What Criminal Cases Can be Challenging to Defend?
Interviewer: What would you say are some of the more challenging kind of cases?
Because of Their Legal Complexity, Driving Under The Influence Cases Can Be Challenging
John Reade: Driving under the influence cases can sometimes be challenging. This is because there are a number of legal issues involved. Was there probable cause to stop the suspect? Can the police prove that at the time they were driving that the subject was under the influence (i.e. mentally and physically affected by an intoxicant)? Can authorities prove that at the time the suspect was driving the vehicle and under the influence that he or she was driving on premises open to the public or a public street or a highway? There are more issues but these are just a few.
In assault cases, often it may be an issue of self-defense. Who was the initial aggressor? Was there actually physical injury according to Oregon Law? For drug cases; is there potential to file a motion to suppress? In other words, were any of their Federal or State Constitutional rights violated so certain evidence could be suppressed (i.e. not be able to be used against the person)? There are some more common things that come to mind for those types of criminal charges.
Interviewer: Are there cases that you particularly enjoy the challenge of defending?
John Reade: I find assault cases interesting to defend. It is interesting talking to witnesses and hearing what they say versus what the police officer reported. I find it intriguing doing an investigation in a case, when there are disputed factual issues. The result is sometimes surprising.
Will Your Attorney Utilize Expert Testimony in the Defense?
Interviewer: What sort of experts do you bring to cases?
Expert Testimony Can Be of Benefit in a Variety of Different Criminal Cases
John Reade: I can use experts in Driving under the Influence cases that can attest to Alcohol dissipation rates and absorption rates. I can use an expert to testify whether or not a physical injury is consistent with that type of damage that might be inflicted by that type of object.
In a Drug case I had an expert testify about what paths he saw to a marijuana grow site after flying over the grow site and taking aerial photographs. For example if someone were accused of having an outdoor marijuana growing operation, Was there a sufficient connection, at least physically from their residence to the marijuana garden? In the afore mentioned case, I prevailed on a motion to suppress issue and as a result, the prosecutor’s case fell apart.
If a person has a mental health issue, could they form the criminal intent to commit the act? In a criminal case involving a mental health issue, expert testimony can be valuable to help show a person did not intentionally or knowingly commit a crime(s).
Being Proactive: Is it Advisable to Voluntarily Seek Treatment after Being Charged with a Crime?
Interviewer: What kinds of programs are available to people with a criminal charge?
John Reade: Sometimes, like in an assault case involving domestic violence, there are anger management programs. In a driving under the influence case, especially of someone accused of being a repeat offender, attending AA meetings or voluntarily enrolling in a treatment program is beneficial.
Interviewer: Is there anything you would like to mention in conclusion about criminal defense?
How Important is the Professional Relationship Between Your Attorney and the Deputy District Attorney in the District Attorney’s Office?
John Reade: I think it helps when the attorney practicing criminal law is familiar with the personalities of a Deputy District Attorney and or prosecutor with whom they may be dealing with on the case. Good counsel should know what may persuade a Deputy District Attorney, a judge or a jury and what does not persuade them.
Interviewer: Do you have a good idea how a case may resolve because of your relationship with a deputy district attorney, prosecutor or a judge?
John Reade: Yes, every once in a while you will have a Deputy District Attorney or a judge that you know has a certain predisposition.
A Deputy District Attorney or a judge may have certain biases or predilections. Under appropriate circumstances, you can ask the judge to recuse himself or not hear that case.