support, Author at Jennifer Horwitz Law

Prosecutors cannot possibly take every single case to trial. After a case gets assigned to a prosecutor, they have to decide whether to drop the charges, work out a deal with the defendant’s lawyer, or try the case. These decisions usually happen out of sight of the defendant, who might be left wondering about the reason behind the prosecutor’s choice. Defense counsel should be communicating with the client and the prosecutor so that the client is aware of whatever the attorney knows about the prosecutor’s motivations, and the prosecutor is aware of issues the client raises that might result in the case being resolved or dismissed short of trial.

This blog will explain how a prosecutor decides to drop charges or take a case to trial. If you face criminal charges, a Seattle criminal defense attorney can protect your legal rights and work hard for the best outcome possible in your situation.

Charges Can Get Dropped When the Prosecutor Cannot Secure a Conviction

Prosecutors hate to lose. They do not have time to waste on cases they cannot win. If the investigation does not generate enough admissible evidence for the judge or jury to find the defendant guilty, the prosecutor might drop the charges. Still, the prosecutor might wait and hope that additional evidence will turn up before the trial and plan to enter into a plea deal if it does not.

The Judge Throws Out Some of the Evidence Against the Defendant

The defense attorney might file a motion to suppress evidence if the items were taken in violation of the defendant’s rights. Contrary to common beliefs, the police do not always need a search warrant to look for and seize evidence of a crime, but if a warrant was necessary and the police performed a warrantless search and seizure, the judge could refuse to let that evidence get used at the trial.

The lack of a valid search warrant is but one example of the many circumstances that could keep evidence from ever coming in front of the jury. If the defendant’s rights were violated in other ways, evidence could be suppressed, leading to the prosecutor dropping the charges.

Examples of the violation of the defendant’s rights include the following:

Improper arrest. The police might not have had valid grounds to arrest the defendant. The defendant might have been interrogated improperly, coerced into a confession, refused assistance of counsel, or not advised of their Miranda rights.
Planted evidence. The police or investigator might have planted evidence on the defendant.
The prosecutor might withhold evidence that could prove the defendant’s innocence, such as an alibi witness or evidence that someone else committed the crime.

Any of these events could weaken the prosecutor’s case and motivate them to drop the charges against the defendant. You will want to work with a Washington criminal defense attorney from the beginning of your case to try to get the charges dropped before trial. Schedule a paid one-hour consult today for help with your case.

Domestic violence cases are fraught for many reasons. In addition to the emotional implications for everyone involved, there are legal issues that can make such cases challenging for the accused, the alleged victim, and even police and prosecutors. One such aspect of domestic violence cases is identifying the “primary aggressor:” the person alleged to pose the most serious threat of further violence.

Criteria for Determining the Primary Aggressor

Under Washington law, a police officer shall consider these factors in deciding which party was the primary aggressor:

The extent of the injuries inflicted on both parties or serious threats that make either party fearful of physical injury
The history of domestic violence of each party, including whether the current actions are part of an ongoing abuse pattern
The intent of the law to protect alleged victims of domestic violence

This determination can sometimes be challenging to make. Nevertheless, it is critical because Washington law requires responding officers to arrest the individual they believe was the primary physical aggressor in a domestic violence situation.

Sometimes, the probable cause for the arrest is the obvious signs of an injury one partner has suffered. At other times, probable cause is based on a story one partner tells more convincingly than the other.

The Importance of Context

The criteria for determining the primary aggressor can be problematic because they often come down to a subjective judgment in a heated moment. The responding officer must arrest someone, but the available information is often limited by the fact that domestic violence cases do not always have witnesses. As such, the officer must make a decision based on what they can glean from an “I said/you said” story. Depending on each partner’s communication skills, as well as the police officer’s own biases, the probability of making the wrong call about the identity of the primary aggressor can be high.

Mutual Combat vs. Primary Aggression

In some domestic violence cases, officers arrive to find both partners have suffered injuries or claim the other was the aggressor. This situation, known as “mutual combat,” makes identifying the primary aggressor especially tricky.

In mutual combat cases, officers must look for other evidence to determine who poses the greatest ongoing threat. They will consider factors such as who kept the altercation going and which party poses the more immediate threat to the other person. Even with mutual combat, officers must still choose one partner to arrest as the primary aggressor.

Implications for the Accused

In addition to undergoing an arrest and possibly spending time in jail, the accused will often receive a “no-contact order” at their first court appearance. This order legally prevents them from seeing or contacting the alleged victim. By necessity, the accused will need to move out of the family home. Even if the accuser later tells the court the order is unnecessary, it will remain in place pending further court hearings. This situation can cause tremendous emotional and financial stress for everyone involved.

Legal Defenses for the Primary Aggressor

If you are arrested as the primary aggressor in an alleged domestic altercation, the help of an experienced attorney is critical to your legal defense. Possible strategies may include:

Challenging the accuser’s credibility if they change their story or show a pattern of dishonesty
Presenting evidence that your partner injured you first, forcing you to act in self-defense
Arguing that the responding officer made a mistake in identifying you as the primary aggressor
Demonstrating your partner has substance abuse issues that contributed to the incident
Providing character witnesses who can speak to your non-aggressive nature

A strong defense depends on the specific details of your case. An experienced attorney will know how to build the most compelling argument that you were not the primary aggressor. With an effective legal strategy, you may be able to get the charges against you dropped.

Call Jennifer Horwitz Today

Domestic violence charges can upend your life. However, you should not give up hope. Whether you are a victim of domestic violence or someone has accused you of being the aggressor, a seasoned Seattle domestic violence attorney can help you understand your legal options. Contact Jennifer Horwitz today to learn more about defending yourself and your good name.

If you are facing criminal prosecution in Seattle, hearing that the person who pressed charges against you now wants to drop them may come as an immense relief. However, the decision to do so rests not with the alleged victim but with the attorneys prosecuting the case – though the accuser’s change of heart could affect the outcome. Working with an experienced Washington criminal defense lawyer can help you protect your rights and make the most of this potential opportunity.

The Role of the Victim in Criminal Prosecutions

If someone believes they have been the victim of criminal wrongdoing, they have the right to file a complaint with law enforcement authorities. In many cases, local or state prosecutors will decide to bring charges against the person the alleged victim claims committed the criminal act. Yet sometimes, the accuser decides they no longer want to be involved in the investigation, and they inform the police that they would like to drop charges. However, at this point, the accuser does not have the power to stop the prosecution from proceeding with their case.

Prosecutorial Discretion

The decision to drop charges against someone accused of a crime rests solely with the prosecution, though a judge must approve their decision. If the accuser decides to disengage from the investigation, the prosecutor will use their discretion to weigh factors such as:

Whether they have sufficient evidence to secure a conviction without the cooperation of the alleged victim
Whether other credible witnesses have refuted the accuser’s original story
The strength of the physical evidence in the case
The emergence of new physical evidence that may exonerate the accused
The possibility of a plea bargain for lesser charges

Legal Implications for the Accuser

An accuser’s decision to request that the prosecution drop charges may carry certain legal consequences. Prosecutors may compel the accuser to testify or face charges of contempt of court. The accuser could also face charges of filing a false police report, obstructing justice, or perjury if their story changes substantially. An experienced criminal defense lawyer can advise the accused on whether and how the accuser’s change of heart may affect their case. The accuser who has had a change of heart and is now changing or recanting their story of abuse may also benefit from having their own lawyer advise them.

The Process of Dropping Charges

How are charges dropped in Washington State? The process involves the following steps:

The accuser must submit a formal request to the district attorney/prosecutor that the charges be dropped. Sometimes cases are dismissed even if the accuser wants the case to go forward. Conversely, sometimes a case will be prosecuted even if the accuser wants the case dismissed.
The prosecutor then reviews the evidence and strength of the case without the accuser’s cooperation. If a case can be proved without the cooperation of the accuser and the prosecutor believes a crime has been committed, the prosecutor will very likely move forward with the prosecution.
The prosecutor determines it is not in the interest of justice to move forward with their case.
The prosecutor then files a motion or request with the court to dismiss the charges.
The judge reviews the motion to dismiss the charges and approves it.
The court updates records to reflect that charges have been dropped against the accused.

Depending on the court’s calendar, this process can take several weeks to months. The accused should be patient and work closely with their lawyer during this time.

Protecting Your Rights

If the accuser has changed their mind about pressing charges against you, it is critical that you understand the case against you (the accused) will not simply go away. It’s still important to follow your lawyer’s advice and decline to talk to police or investigators further without them present. They can handle communications on your behalf and will advise you further as necessary.

You could still need to appear in court even if the accuser drops out. Furthermore, prosecutors can compel the accuser to participate even if they don’t want to. Be patient, and trust the advice and guidance of your criminal defense lawyer. Staying quiet, showing up when required, and letting your lawyer do their work can help lead to the best resolution.

Seeking Legal Counsel

When you are facing criminal charges, every day can feel like a new challenge. This can be particularly true if your case takes an unexpected turn. While the uncertainty can be stressful, working with a criminal defense attorney who has solid relationships with Seattle prosecutors can reduce the anxiety you’re feeling and lay the groundwork for a successful resolution. Get in touch with Jennifer Horwitz Law today to learn more about your legal options.

Entrapment can be a valid defense to prostitution charges in Washington if law enforcement induced a person to commit a crime they were not otherwise inclined to commit. Under Washington law, simply providing an opportunity is not enough. The defense focuses on whether police induced the conduct through pressure, persuasion, or repeated attempts.

What Is Entrapment Under Washington Law?

Entrapment is an affirmative defense defined under RCW 9A.16.070. You raise it in court and must prove it by a preponderance of the evidence.

To establish entrapment in a prostitution case, you generally must show:

The idea for the crime started with law enforcement or someone acting under their direction
You were induced or lured to commit a crime you had not otherwise intended to commit

Courts distinguish between inducement and opportunity. Officers may set up situations where illegal activity could occur, and that alone does not violate the law. For example, an undercover officer posing as a sex worker and waiting for someone to initiate an offer is typically considered providing an opportunity, not entrapment.

How Do Prostitution Sting Operations Work in Washington?

Prostitution arrests in Washington often come from sting operations, both in person and online. These operations are common in prostitution investigations and are generally lawful when officers do not induce the conduct.

Common examples include:

Street stings: Officers pose as sex workers or customers in areas known for prostitution activity
Hotel or arranged-location stings: Meetings are coordinated in advance and monitored by police
Online stings: Officers use websites, apps, or messaging platforms to communicate and set up transactions

In many cases, officers wait for you to suggest or agree to an exchange of money for sexual conduct. If you initiate or quickly agree, prosecutors often argue there was no inducement.

Undercover officers are also allowed to conceal their identity. They do not have to say they are law enforcement, even if asked.

What Counts as Inducement vs. Opportunity?

The difference between inducement and opportunity is central to an entrapment defense.

Opportunity (not entrapment):

An officer advertises or signals availability
You initiate contact or propose the exchange
The officer accepts without applying pressure

Inducement (may support entrapment):

Repeated requests after you initially refuse
Appeals to sympathy, such as financial hardship stories
Pressure, persuasion, or persistent encouragement
Escalating efforts to convince you to agree

For example, if you respond to an online listing and immediately offer payment for sex, that is usually opportunity. If you decline and the officer continues messaging you, pushing you to reconsider over time, that may raise inducement concerns.

What Does Not Qualify as Entrapment in Washington?

Entrapment does not apply simply because police used undercover tactics or deception.

It generally does not apply when:

Police only provided a chance to commit the offense
You were already willing to engage in prostitution
You quickly agreed without hesitation
The officer used deception without applying pressure

Washington courts may consider whether you were already willing to engage in the conduct when deciding whether police actions amounted to inducement. If the evidence shows you were ready and willing before law enforcement became involved, it can be harder to support an entrapment defense.

How Is Entrapment Proven in a Prostitution Case?

Because entrapment is an affirmative defense, you must present evidence supporting it. This often requires a detailed review of how the interaction unfolded.

Evidence may include:

Text messages, emails, or chat logs from online stings
Audio or video recordings from undercover operations
Police reports describing the encounter
Testimony about how the officer initiated and continued contact

We look closely at whether law enforcement escalated the situation or continued pushing after hesitation. Details such as timing, wording, and persistence can shape how a court evaluates inducement.

When Police Conduct Becomes a Defense Issue

Entrapment can be a viable defense in Washington prostitution cases, but it depends on how the interaction began and developed. The key question is whether law enforcement crossed the line from offering an opportunity to actively persuading you to commit a crime.

If you are facing prostitution or related charges, we can review the evidence, including communications and police reports, to determine whether entrapment or other defenses apply. Jennifer Horwitz Law represents clients in Washington in cases involving sting operations and undercover arrests.

You can schedule a one-hour paid consultation with Jennifer to go through the facts of your case, review available evidence, and discuss potential defense strategies in detail. Contact Jennifer Horwitz Law today to book your consultation and take the next step in addressing your charges.

Interactions with the police can be high-stress situations. It is essential to know your legal rights and what Washington law requires. You should contact a Seattle criminal defense attorney at once if the police want to search you, your car, or your house. You should always be respectful and, for your own safety, try to avoid a confrontation.

In this Ask the Attorney blog, we cover the question, should I ever give police consent to search my car, home, or person?

When the Police Can Search Your Car

According to the Seattle Office of Police Accountability, the police can search your vehicle for the purpose of making an inventory of the contents of your car if it gets impounded and taken to a towing company’s yard. Also, law enforcement can search your car for weapons that could be within your reach while you are seated inside your car. They usually may not open your closed glove compartment or closed bags that are inside your vehicle.

The police might ask for your consent to perform additional searches of your vehicle, but unless you give your consent, they usually have to obtain a search warrant before searching other areas. There are several exceptions to this general rule.

Do You Have to Allow the Police to Search Your Home?

If the police have a search warrant, they typically do not need your permission to enter your home and conduct a search. If law enforcement has an arrest warrant for someone who lives at your address, they can enter your home to serve the arrest warrant without your permission.

Another situation in which the police can enter your home without your consent is when they reasonably believe that someone on the premises is in danger or is injured. Emergencies are usually a valid reason for the police to enter and search without a search or arrest warrant.

What About Stopping Me on the Street?

Let’s say that you are walking in your neighborhood, minding your own business. Can the police just come up to you and stop you? Maybe. If the police see you violating a law or an ordinance, like jaywalking or littering, they can stop you in public. If they have a reasonable suspicion that you committed a crime like an assault, or that you have an outstanding arrest warrant or committed a previous crime, they can stop you and ask some questions.

The issue arises when the police want to frisk or otherwise search someone at a street stop. The officers must have a legal reason to detain the individual and have a reasonable belief that they have a weapon to frisk them without a warrant. Other items, like drugs, discovered during a frisk for weapons can get seized as evidence.

The bottom line is that consenting to a warrantless search is sometimes voluntarily giving up your legal rights, but sometimes the police do not need a warrant to search a person, their vehicle, or their home. These situations are legally challenging, and the stakes are high. If possible, you will want to get guidance from a Seattle criminal defense attorney about consenting to a warrantless search by the police. Get in touch with Jennifer today for help with your case.

DISCLAIMER: This post is intended to share my perspective, insights and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Thanks to developments in the law in Washington State, you or someone you care about could be able to go back to court for a new sentence, assuming that the new sentence would not be greater than the original sentence. This blog will discuss five different ways that people serving life or long prison sentences could get sentence relief in our state.

If you think that you or a loved one might fall within one of these paths to resentencing, you can talk to a Washington criminal defense attorney to get started.

Three Strikes – Robbery Removed

Second-degree robbery convictions used to count toward the “three strikes” rule in Washington. Under the three strikes rule, getting convicted of three crimes on the “most serious offenses” list resulted in an automatic life sentence, regardless of the standard term of imprisonment for the third offense.

Washington took robbery in the second degree off of the three strikes rule most serious offenses list and made the change retroactive. The change in the law mandates resentencing hearings for people who got sentenced under the old rule. A person who got sentenced as a persistent offender can request a new sentencing hearing.

Youth Sentencing

People who got sentenced to life in prison without parole for aggravated murder offenses committed before they turned 18 can get a new sentencing hearing. This change in Washington law was in response to the U.S. Supreme Court declaring that sentencing minors to mandatory life sentences is unconstitutional.

Young Adult Sentencing

If a person got sentenced to mandatory life without parole for a conviction of aggravated murder for an offense committed when the offender was between the ages of 18 and 20 years, they can get a resentencing hearing. The sentencing must have happened before March 2, 2017, because at that point, trial courts received the right to exercise discretion when sentencing minors charged as adults. Before that date, courts had to impose a mandatory sentence of life without parole.

Simple Possession Statute Declared Unconstitutional

Individuals who got sentenced under the previous statute that criminalized simple possession of a controlled substance can get a new sentencing hearing because that statute is no longer valid. The person’s conviction can get vacated. Also, if a conviction under the old statute counted in the individual’s offender score, they can get a resentencing hearing using their new offender score after deducting the simple possession conviction.

Also, there have been several changes to the drug offense statutes in our state in the past few years, but not all of those changes were made retroactively immediately. The legislature fixed this oversight and now allows people to request resentencing hearings if they got sentenced under the old laws and their new sentence would not be longer than their previous one.

A Catch-All Category

Finally, we have all heard stories on the news about someone who got convicted of a crime and sentenced to what sounds like a shockingly long sentence relative to the offense committed. Washington created a law that allows prosecutors to ask for a resentencing hearing when the sentence the person is serving does not serve the interests of justice.

No matter what category might be applicable to your situation, you will want to talk to a Washington criminal defense attorney about requesting a resentencing hearing. Contact Jennifer today for help with your case.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal cases. It is not legal advice and is not intended to substitute for legal advice. You should consult an attorney to obtain legal advice for your individual situation and case.

Getting charged with a crime is an intense situation that might cause a person to make mistakes that could come back to haunt them. Sometimes, the police do not have enough evidence to make a case against you, but they bluff, hoping that they can trip you up and give them something they can use against you.

Your first call after getting arrested or charged with a criminal offense should be to a Washington criminal defense attorney. This blog will cover some of the common mistakes to avoid when facing criminal charges in Washington State.

First, Do Not Escalate the Situation

There are tragic stories on the news on a regular basis about what can happen when an interaction with the police turns violent. You can only lose in these situations, so you do not want to provoke the officer. Stay calm and polite. Do not resist arrest. Do not be rude or disrespectful. Your words and conduct can get used against you.

Exercise Your Right to Remain Silent

Continuing with the theme of your words getting used against you, the U.S. Constitution grants you the right to remain silent. Simply tell the police that you want to talk to an attorney, and then keep quiet. Anything you say can get used to justify a search warrant or get told to the jury in court.

Wait until you talk to a lawyer about your case before answering questions from the police. Your attorney can advise you on how to respond to the questions. Also, be sure to have a lawyer present during questioning.

Warrantless Searches

Usually, the police must first obtain a search warrant before coming into your residence or searching your vehicle. There are some exceptions, but most of the time, they need a warrant. The police might pressure you to consent to a search when they do not have a warrant by telling you that you have nothing to worry about if you have nothing to hide. Resist the temptation to give in. Politely refuse the search and call a lawyer.

Tell Your Lawyer All the Facts

Some people try to outsmart the system, even their own attorney. They withhold crucial information from their lawyer. When a criminal defendant does this, they prevent their attorney from being able to prepare a defense on that issue. Your lawyer will not appreciate getting blindsided at trial with no opportunity to get evidence to counter the hidden facts.

Do Not Agree to Certain Types of Samples

You should not voluntarily provide evidence without a court order or the advice of your attorney. This includes clothing, handwriting, fingerprints, a blood sample, or any other bodily fluid. The prosecution will use these items against you. They might not have been able to get a court order based on their existing information, so they would not have been able to obtain the sample without your help.

Hoping the Charges Will Disappear

A common mistake is to desperately hope the criminal charges will somehow go away on their own or if you tell your side of the story to the police or prosecutor. Valuable time slips away when people delay talking to a lawyer. A Washington criminal defense attorney can start protecting your legal rights as soon as they start working on your case. Contact our office today for help with your case.

victim of domestic violence crying on stairs

Washington has an unusually broad definition of some of the words within the laws that apply to allegations of domestic violence. As a result, a person who does not have a current or former romantic relationship with you could make an accusation of domestic violence and seek to have you removed from your own home.

Navigating these waters can be complicated and tricky. One misstep could haunt you for years with your career and your ability to find decent housing. You will want to work with a Seattle domestic violence defense attorney before that happens to you, because undoing that kind of harm can be difficult, if not impossible. Here is an overview of domestic violence and no contact orders involving roommates and house guests.

Who Can Be Subject to Washington’s Law About Domestic Violence and No Contact Orders

People usually think of spouses, domestic partners, or people who are dating as those whom the domestic violence and no contact orders laws are intended to protect. They might be surprised to find out that people who have never had a romantic relationship could find themselves facing domestic violence accusations under these laws.

Let’s say that you had a roommate during college, shared an apartment with a friend, or temporarily let someone stay in your house while they looked for a place to rent or buy. Any of those people could file charges of domestic violence against you under Washington’s domestic violence and no contact orders law.

Potential Consequences of Allegations of Domestic Violence

If a judge issues a no contact order based on allegations of domestic violence, the defendant could be forced from the residence. Additional possible fallout from being on the receiving end of a no contact order for domestic violence can include:

You could have a criminal record that could follow you throughout your life. If the judge finds you guilty of the allegations, the judge will sentence you to specific terms and conditions.
You could have long-term social stigma from getting charged with domestic violence, even if not found guilty.
Your current employer might fire you based merely on allegations of domestic violence. If you get convicted of a charge, it could be difficult to find future employment. You might not get a chance to explain your side if a prospective employer does not give you an interview because of what showed up in your background check.
You could have difficulty finding housing in the future. If you rent your apartment or house, your landlord could evict you.

With the possibility of any of these adverse outcomes, you would want to talk with a lawyer as soon as possible to try to avoid getting a no contact order entered against you.

How a Lawyer Could Help You If You Get Accused of Domestic Violence by a Roommate or Houseguest

Sometimes, an attorney can help someone accused of domestic violence by a roommate or houseguest by asking the court to create an exception to the usual no contact order and allow you to remain in your home when the accuser is a platonic housemate. It might be possible, through an attorney’s assistance, to have the accuser legally removed if they are a mere houseguest and have no legal right to remain in the home.

A Seattle criminal defense can protect your rights and housing if a housemate, roommate, or guest accused you of domestic violence. Contact our office today for help with your case.

Usually, the first significant court appearance in a criminal case is the arraignment hearing. The arraignment hearing can have an impact on the rest of your criminal case. With so much at stake, you will want to have a Seattle criminal defense attorney at your side handling your arraignment.

If you have never attended an arraignment before, you might have anxiety or worry about what will happen at the event. It could relieve your stress if you knew what to expect. This blog will provide some answers about what happens at an arraignment.

What to Expect at an Arraignment in Washington State

An arraignment is usually the first time a defendant appears in court after getting arrested and charged with a criminal offense. Although the arrangement does not tend to take a long time, these are the typical things that happen at the hearing:

The judge reads a prepared statement advising the defendant of their rights under the constitution.
The judge then reads the criminal charges that the state has filed against the defendant.
The person accused of the criminal offense enters a plea
The judge will deal with bail for the accused, either setting, adjusting, reinstating, or exonerating the bail of the defendant.

If you plead guilty as charged, you will skip trial and proceed to sentencing. If you want to have a trial, you will need to enter a plea of not guilty. You will want to have the advice of a criminal defense attorney before this hearing and get represented by a lawyer at the hearing.

What Can Happen if a Defendant Does Not Attend Their Arrangement

Law enforcement will bring the defendant to the arraignment if the person is in jail at the time scheduled for the hearing. Many people get released after their arrest and told when to appear for their arraignment. There are severe consequences if a defendant fails to appear for an arraignment.

Usually, the judge will issue a bench warrant and send an officer out to arrest the defendant and bring them to the courtroom. When this happens, the defendant faces a new charge of failure to appear, in addition to the existing criminal charge for which they got arrested. Going forward, the defendant could now get sentenced for both offenses.

Your Rights at an Arraignment

A criminal defendant has rights under the United States Constitution and the Washington state constitution. These rights include:

The right to remain silent, also called the right against self-incrimination.
The right to a trial by jury.
The right to have a lawyer represent them. A court-appointed public defender could represent the defendant if they cannot afford to hire their own criminal defense attorney.
The right to confront the prosecutor’s witnesses and produce their own witnesses for their defense.
The right to a speedy trial.

Many people accused of a crime give up some of their constitutional rights without realizing that they did so. A criminal defense attorney can explain these rights to you and discuss how they apply to your situation.

A Washington criminal offense attorney could aggressively protect your constitutional rights and help you go after the best outcome possible in your circumstances. For help with your case reach out to our office today.

The legal process of a criminal case in Washington state is complicated, but a Washington criminal defense attorney can help you navigate the various steps and fight aggressively for the best possible outcome in your situation. Every case is different, but considering the multiple negative consequences a criminal conviction can have on your life, hiring a lawyer from the very beginning could be a smart decision.

Initial Stages of a Criminal Case in Washington State

After the police investigate and identify a suspect, law enforcement might file a case in court if they have not yet arrested the suspect. If a suspect gets arrested, law enforcement has 48 hours to find probable cause. If they cannot find probable cause within 48 hours, they must release the suspect.

If they do find probable cause, the prosecutor will review the case. At this point, the prosecutor has three options:

Send the case back to law enforcement for additional investigation.
Decline the case based on insufficient evidence.
File the case in court.

The type of charge will determine where the case gets filed.

Case Filed in Washington State Court

Misdemeanors get filed in Washington State District Court or a city’s Municipal Court while felonies get filed in Washington State Superior Court for the county where the crime allegedly occurred. For both misdemeanors and felonies, there will be an arraignment at which the defendant pleads not guilty, and the court will address the conditions of release and set a bail amount for the defendant to post in order to be released. Your attorney cannot bring a motion to reduce bail or change other conditions of release unless they can show a “change in circumstances” from when the initial bail determination was made.

Process for a Misdemeanor in Washington State

Once the arraignment has been completed, a future court date will be set for a pretrial hearing (also called a case-setting hearing in some courts). At the Pre-Trial Hearing, the case could get set for a plea, for motions, for trial, or simply continued to another Pre-Trial date because one or both sides need more time to engage in plea negotiation or to investigate the case. The prosecutor and defense attorney will each engage in their own investigations and negotiate with each other.

If a defendant enters a guilty plea, after which there will be a formal plea hearing and sentencing. Sentencing hearings are almost always set after the plea hearing for felony cases. For misdemeanors, the plea and sentencing often occur in the same hearing. If the plea remains Not Guilty after further investigations and negotiations, the case may be set for a Motions Hearing, if there is an issue to be litigated before the trial starts. Defense counsel might argue to suppress some of the evidence if it was obtained in violation of the defendant’s rights. The prosecutor might seek to add charges to the case if the investigation revealed additional suspected crimes.

Eventually, if there is not a guilty plea, the criminal case will go forward to a jury trial. There are three possible outcomes from a jury trial in Washington State:

The jury finds the defendant not guilty of the charges.
There is a mistrial or hung jury, which often results in further plea negotiations or a subsequent trial.
The jury finds the defendant guilty of one or more of the charges, after which there will be a sentencing.

These steps are the usual process in most criminal misdemeanor cases in Washington State. There can be some variations from one case to another.

Procedures for a Washington State Felony

After the Arraignment in the Washington State Superior Court, there will be an Omnibus Hearing. The Omnibus Hearing is similar to the Pre-Trial Hearing for misdemeanor cases. At the Omnibus Hearing, the case could get continued, set for a plea, set for motions, or set for trial.

When a defendant enters a guilty plea, they will have a Guilty Hearing, followed by a Sentencing Hearing. If the defendant continues to plead Not Guilty, there will be one or more motion hearings, then a jury trial. The jury in a felony case in Washington State can reach a verdict of guilty or not guilty, or there could be a mistrial or a hung jury.

You can talk to a Washington State criminal defense attorney about your legal options if you get charged with a felony or misdemeanor in Washington State. Get in touch with Jennifer today for help with your case.