support, Author at Jennifer Horwitz Law

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The State of Washington imposes sentencing after a criminal has pled to a crime or been found guilty by a judge or jury.

The sentencing of a defendant is a critical phase of a court case. The duration and type of punishment prescribed by the judicial court system will significantly impact the defendant.

Criminal defense lawyers must take care that attention is given to the defendant’s needs and that the least possible punishment is issued.

Experienced Seattle criminal defense attorneys impart to their clients, and their clients’ families an understanding of sentencing in Washington by answering 5 frequently asked questions.

5 Frequently Asked Questions About Sentencing in Washington

What is Sentencing?

Sentencing is the phase of a court case in which a defendant is issued punishment for the crime of which they were found guilty.

Sentencing generally takes place at a sentencing hearing a few weeks after a conviction or guilty plea.

What Factors are Considered During Sentencing in Washington?

When considering sentencing for a crime, a judge considers several factors per state sentencing guidelines. These factors include:

circumstances of the crime
criminal and personal history of the defendant
the severity of the crime committed
victim statements
statements from the defendant’s family and friends

The totality of these factors influences the type and severity of the punishment. However, singular factors may be weighted more heavily than others in consideration of the crime and resulting penalty.

For instance, a particularly brutal or heinous crime may override the defendant’s lack of criminal history or stellar community reputation.

What Are the Sentencing Guidelines for Washington Misdemeanors?

Judges have broad discretion to impose jail time or set jail time aside while placing other restrictions on those convicted of misdemeanor crimes.

Typically, misdemeanor crimes carry a risk of between 90-364 days in jail. While a judge may impose a sentence anywhere in that range, judges often impose a minimal sentence or no sentence at all in favor of other conditions being met.

A judge may impose other conditions as sentencing for misdemeanor crimes include community service or substance abuse counseling and rehabilitation.

An effective criminal defense attorney may be able to persuade a judge to set aside jail time if their client has little or no criminal history, the misdemeanor crime was non-violent, or circumstances warrant leniency.

How Does Felony Sentencing Work in Washington?

Judges do not enjoy unlimited discretion in felony sentencing.

Unless certain factors calling for exceptional-sentencing exist, judges must defer to the sentencing guidelines outlined in Washington’s Sentencing Reform Act.

Judges also refer to a sentencing grid when determining jail and prison sentences. This ensures that defendants are treated similarly when punished for similar crimes.

The grid scores the seriousness of the crime and the defendant’s criminal history and then converts that score into an applicable range of jail or prison time.

Does Washington Have a Three-Strikes Law?

Washington is one of several states that has enacted a Three-Strikes Law.

The Three-Strikes Law is designed to punish persistent offenders with life in prison. Persistent offenders are offenders who commit three “most serious” offenses.

These “most serious” felony offenses include, but are not limited to :

Kidnapping, first or second-degree
Incest against a child under age 14
Rape, first, second, or third-degree
Murder, first or second-degree

Persistent offenders are sentenced to life in prison without the possibility of parole.

Contact a Seattle Criminal Defense Attorney Today

If you are facing prosecution for a crime in Washington, reach out to an experienced criminal defense attorney at our law firm today.

When your future hangs in the balance, you want a trusted and knowledgeable Seattle defense attorney on your side. Not only will we vigorously defend your rights in court, but we will argue vehemently for reduced sentencing or appeal in the event of a criminal conviction. Contact our office today.

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.

If you get accused of or arrested for theft in Washington State, you could face up to 10 years of incarceration and a fine of up to $20,000. You need to know what Washington’s laws on misdemeanor petty theft and felony theft say about these three things:

The definition of theft in Washington
The degrees of a misdemeanor and felony theft in our state
The civil and criminal penalties for misdemeanor and felony theft

A conviction for theft could ruin your future and impact your family. A Seattle criminal defense attorney can fight aggressively to build your defense and help get you the best outcome possible.

What Constitutes Felony and Misdemeanor Theft in Washington State

Our state statutes define any degree of theft as wrongfully and intentionally depriving someone of their property or services by taking or controlling those items. RCW 9A.56.020 also says that using deception to take the property or services of another is theft. Keeping lost or misdelivered property can be theft.

The value of the item allegedly taken is what makes the criminal charge a more or less serious offense. We have three degrees of theft in Washington:

Theft in the first degree, RCW 9A.56.030. This Class B felony includes illegally taking property or services with a value over $5,000 or taking property from someone’s person, an on-duty search and rescue dog, or certain metal property with a value over $5,000.
Theft in the second degree, RCW 9A.56.040. This offense is a Class C felony. Theft in the second degree can include illegally taking a motor vehicle, a firearm, certain public records, particular metals, an access device, or property or services with a value between $750 and $5000.
Theft in the third degree, RCW 9A.56.050. This charge is a gross misdemeanor. Theft in the third degree involves committing theft of property or services with a value of up to $750 or ten or more merchandise pallets, beverage crates, or a combination of those items.

Your lawyer can explore whether you have valid defenses to these charges.

Criminal Penalties for Theft

RCW 9A.20.021 lays out the maximum criminal penalties for felonies and misdemeanors in our state. Class B felonies like Theft in the first degree can carry a maximum sentence of 10 years in a state correctional institution, a fine of up to $20,000, or both confinement and a fine.

Class C felonies like Theft in the second degree can carry a maximum sentence of five years in a state correctional institution, a fine of up to $10,000, or both confinement and a fine. Gross misdemeanors like Theft in the third degree can carry a maximum sentence of 90 days in a county jail, a fine of up to $1,000, or both imprisonment and a fine.

Special Penalties for Shoplifting in Washington

A conviction for shoplifting in our state can subject a person to civil as well as criminal penalties. If a minor shoplifts, the parent or legal guardian could have to pay the store:

The value of the item taken, up to $2,850,
The store owner’s legal fees and court costs, up to a reasonable amount, and
A fine that can range between $100 and $650.

The maximum amount the store can recover for the value of the item taken is $1,425 if the minor’s parent or legal guardian assumes liability, RCW 4.24.230.

A Seattle criminal defense attorney can protect your legal rights and advocate for you. Contact Jennifer today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on criminal law matters. 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.

Attorney and man discussing legal documents

A plea bargain is not a take-it-or-leave-it offer. Your attorney can prepare mitigation materials, make a counteroffer, or approach the prosecutor with a proposal before any offer is made.

You’re staring at a plea offer, and the pressure to just sign it and move on feels overwhelming. But a plea bargain is not a take-it-or-leave-it proposition. In Washington, defendants have the right to counter the prosecutor’s offer, and a skilled defense attorney can prepare mitigation materials and even approach the prosecutor with an independent proposal before a formal offer is ever made. Understanding how plea negotiations actually work, including what you give up and what you can push for, is essential before you make a decision that will follow you for years. A Seattle criminal defense attorney can evaluate every option and negotiate aggressively on your behalf.

What Is a Plea Bargain in Washington?

A plea bargain is a negotiated agreement between a defendant and the prosecutor. In exchange for pleading guilty, the defendant may receive reduced charges or a more favorable sentencing recommendation. Washington’s sentencing statutes and court rules govern these agreements. Under Washington’s plea agreement statute, the prosecutor and defense counsel may negotiate over charge reductions, sentencing recommendations within or outside the standard range, dismissal of other counts, or other promises to the defendant.

In King County, where courts manage heavy caseloads, plea bargains resolve the vast majority of criminal cases. They offer defendants a way to resolve charges with more certainty than a trial provides. Washington recognizes standard guilty pleas and Alford pleas, where the defendant maintains innocence but acknowledges the evidence could likely lead to conviction. No-contest pleas are not separately authorized under Washington’s court rules.

Can You Make a Counteroffer to the Prosecutor?

Yes. This is one of the most important things defendants need to understand: a plea bargain is a negotiation, not an ultimatum. When the prosecutor presents an offer, your attorney can accept it, reject it, or counter with a different proposal.

Your attorney can also take the initiative before any offer is made. By preparing mitigation materials, such as letters from family and employers, evidence of community ties, completion certificates from treatment programs, or documentation of mental health or substance abuse issues, your attorney can approach the prosecutor with a proposal that frames your case in the most favorable light. This proactive approach often leads to better outcomes than simply waiting for the prosecutor’s first offer.

During negotiations, offers and counteroffers are exchanged as both sides weigh the strength of the evidence, the potential trial outcome, and the interests of justice. Your attorney should keep you informed at every stage, explain the risks and benefits of each proposal, and never pressure you to accept a deal you do not fully understand.

What Rights Do You Waive When You Enter a Plea?

Accepting a plea deal means giving up several constitutional rights. These include the right to a jury trial, the right to confront and cross-examine witnesses, the right to remain silent at trial, and significant appeal rights. Washington’s court rules governing pleas require a written plea statement outlining every right you waive. You and your attorney must review and sign this statement before the court accepts your plea.

Once the court accepts the agreement, it is binding and extremely difficult to undo. Withdrawing a guilty plea after acceptance requires demonstrating “manifest injustice,” an exceptionally high legal standard that courts rarely find satisfied.

Is the Judge Bound by the Plea Agreement?

No. The sentencing judge is not required to follow the prosecutor’s recommendation. Under Washington law, the court must independently determine that the agreement is consistent with the interests of justice before accepting it. If the judge disagrees with the terms, they must inform both parties on the record, and the defendant may withdraw the guilty plea.

Washington’s sentencing framework for felonies includes standard ranges and mandatory minimums. Unless the plea agreement specifically outlines a reduced sentence, you may still face significant incarceration even after pleading guilty. This is why having an attorney who understands sentencing guidelines and can negotiate specific terms is critical.

What Alternatives Exist to a Traditional Plea?

Washington offers several alternatives for qualifying defendants that may help you avoid a conviction entirely:

Deferred prosecution under RCW 10.05 for cases involving substance abuse or mental health issues, which can result in charges being dismissed after completion of a treatment program.
Therapeutic court programs focused on behavioral health treatment rather than incarceration, available in many Washington counties.
Stipulated orders of continuance, where charges may be dismissed after a defendant complies with agreed-upon conditions over a set period.

Not every defendant qualifies for these programs, and each has specific eligibility requirements. An experienced attorney can assess whether any of these options apply to your case.

How to Protect Yourself Before Accepting Any Plea

Before agreeing to any plea deal, take deliberate steps to protect your interests:

Review the full discovery. You have the right to see the evidence against you, including police reports, witness statements, lab results, and forensic evidence. Reviewing this material with your attorney helps you assess the strength of the prosecution’s case.
Negotiate specific terms. Push for explicit sentence recommendations, probation conditions, and no-contact order terms. Ensure all key terms are in writing and stated on the record. Promises not included in the written plea paperwork are very difficult to enforce later.
Understand the collateral consequences. A guilty plea can affect employment, housing, professional licenses, immigration status, and firearm rights. Make sure you understand these impacts before you sign.

Protect Your Future with Experienced Legal Guidance

The earlier you consult with a defense attorney, the better positioned you are to negotiate. Jennifer Horwitz has over 25 years of experience evaluating evidence, identifying weaknesses, and negotiating on behalf of clients in Seattle and King County. Contact Jennifer Horwitz to schedule a one-hour consultation and protect your rights before you decide.

It depends. Many different factors can come into play when addressing the question of whether you can be charged if you are in the car with someone who has drugs. A conviction for illegal possession of a controlled substance can be a felony punishable by imprisonment and fines in our state, pursuant to Section 69.50.401 of the Revised Code of Washington (RCW). A Seattle drug crimes defense attorney can protect your legal rights if you face possible or actual criminal charges for drug offenses.

Actual Versus Constructive Possession of Drugs

Actual possession of drugs means that an individual has drugs on his or her person. Examples of actual possession include:

Drugs or contraband in a person’s pocket, tucked inside of clothing, concealed in or under a hat the person is wearing.
Drugs or contraband in a person’s wallet, purse, backpack, briefcase, tote, or another item the person is carrying when approached by law enforcement.

If someone else in a car with you has drugs and law enforcement also discovers drugs or contraband on you in one of those locations, you might get charged with illegal possession of a controlled substance.

Constructive possession of drugs means that the drugs are not physically on the person, but law enforcement finds the substances in a place where the accused has dominion and control. For example, the driver and owner of a car might get charged with possession, based on constructive possession if law enforcement finds drugs in the console, glove compartment, or trunk of a car.

Constructive possession is a murky legal concept in our state because the law does not include a concrete definition of the terms for purposes of drug possession. Courts look to the totality of the circumstances to determine whether a situation constitutes constructive possession.

Unwitting Possession

The lack of intent to possess drugs is not a defense, but unwitting possession can be a defense to criminal charges. By way of example, if a person wore a pair of jeans that had drugs in the pocket from a previous day’s wearing and did not intend to carry drugs the day the drugs got discovered by law enforcement, that lack of intent is not a defense.

A person who mistakenly picks up someone else’s backpack, however, that contained drugs, that situation can be unwitting possession. If proven with credible facts, the accused can have an affirmative defense.

When a Person Might Face Charges Without Having Actual or Constructive Possession

If a person in a car appears to be under the influence of a controlled substance, and someone else in the car has possession of drugs, the impaired person could be under suspicion. Also, if the person in the car found with the drugs tries to cast blame on others in the car, there might be a factual dispute as to who owned the drugs.

The person found with the drugs might claim that someone else in the car planted the drugs on them. It is possible to face charges even without being found in actual or constructive possession of drugs.

These cases are complicated and carry serious potential consequences. Anyone facing criminal charges involving drugs or contraband should talk to a Seattle drug defense attorney to build a strong defense and aggressively pursue the best outcome in the situation. Contact our office today.

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.

White-collar crimes do not involve physical violence. Instead of using physical force or the threat of such action, the white-collar crime alleged victim claims that the accused obtained the money or other assets through fraud or trickery. A conviction of a white-collar crime can send a person to a correctional institution for months or years and impose a fine of thousands of dollars, according to Section 9A.20.021 of the Revised Code of Washington (RCW).

If someone accuses you of committing a white-collar crime, a Seattle white collar crimes attorney can protect your legal rights and fight to get you the best result possible. Be sure to talk to a lawyer right away before things happen that can cause irreparable harm to your case.

Identity Theft

The term “identity theft” makes people think of a stranger in another country who buys Social Security numbers and other personal data, then uses it to steal the life savings of innocent people. While that scenario does happen, you might find yourself wrongly accused of identity theft after a relationship ends badly.

Your former friend could try to exact vengeance by getting you arrested on false allegations of identity theft. For example, if you had permission to use that person’s debit or credit card to make purchases, after the relationship sours, you might get accused of using the card without permission.

Embezzlement

Common examples of embezzlement include store cashiers who pocket cash from the register, bank workers who dip into inactive accounts, and office managers who skim money from the boss. A person does not have to steal from an employer, however, to get charged with embezzlement.

Money can “go missing” from any type of business, particularly those that handle a great deal of cash. Let’s say that the store manager claims that money is missing from the office’s safe. She accuses you of stealing the funds. There are several reasons you could get falsely charged with embezzlement:

The manager stole the money and accused you of theft as a scapegoat.
Someone else took the money.
No one stole the money. The manager miscounted or made some other mistake.

Regardless of the reason, a false allegation of embezzlement could ruin your career.

Mail and Wire Fraud

If someone uses the postal service to commit fraud, the charge can be mail and wire fraud. For example, “junk mail” that makes offers of home repairs and remodeling might be a front for an illegal financing scheme.

Elder Financial Abuse

Every year, seniors lose billions of dollars to others. Sometimes, the older adult merely made a poor financial decision. In some other situations, the senior got tricked out of money through a financial abuse gimmick like the emails that tell people to send them thousands of dollars to collect an inheritance from a relative they never heard of in another part of the world.

Money Laundering

Law enforcement investigators tend to file charges of money laundering when they cannot make a case against someone for the suspected underlying activity. An example of this is when a person gets accused of setting up a money-losing business to legitimize profits allegedly made from illegal activity. These cases are sophisticated and often involve forensic accounting.

A Seattle White Collar Crimes Attorney can evaluate your situation and build a defense while making sure that the court system does not trample on your legal rights. Contact our office today.

department of justice making a statement about telemedicine.

The United States Department of Justice (DOJ) created the Criminal Division’s Health Care Fraud Strike Force Program, which led the 2020 National Health Care Fraud and Opioid Takedown operation. The Takedown operation charged more than 300 individuals with allegedly committing healthcare fraud and prescribing missions of opioids. The charged schemes total more than $6 billion dollars in criminal activity.

The DOJ filed criminal charges against more than 50 doctors, more than 20 healthcare company executives, and a total of more than 100 licensed medical professionals. More than $4.5 billion of the charged activities involve the use of telemedicine. If you are one of the medical professionals, telemedicine providers, or substance abuse treatment centers targeted by the DOJ, a Washington criminal defense attorney could help protect your legal rights.

The Telemedicine Aspect of the Take Down Charges

The use of telemedicine has increased during the last few years. During the COVID-19 quarantine, telemedicine became a medical lifeline for many Americans who were following stay-at-home guidelines and limiting their face-to-face interactions.

Even before the COVID-19 pandemic, people in isolated or rural areas with limited options for medical services found telemedicine a practical way to obtain routine medical services. Some people who cannot visit their healthcare provider for logistical and other reasons benefit from telemedicine programs.

The DOJ says that some alleged criminals exploited telemedicine to generate massive amounts of illegal medical bills. In a New Jersey federal court, a group of healthcare professionals stands accused of submitting more than $522 million in false and fraudulent genetic testing billing to Medicare through a telemedicine scheme that included patients in every state. Also, a doctor in Illinois faces charges of submitting $145 million in fraudulent genetic testing bills.

Substance Abuse Treatment Centers

Both inpatient and outpatient treatment centers for substance abuse and addiction got caught up in the 2020 National Health Care Fraud and Opioid Takedown. In one county in Florida, the DOJ charged 10 defendants with a $91 million fraud scheme at inpatient and outpatient addiction treatment centers in that county. Three doctors, two clinic owners, and a CEO are some of the defendants in that case.

The DOJ is going after not only doctors and clinics for allegedly submitting bills to Medicare and insurance companies for unnecessary testing or services that patients did not receive or need. The DOJ expanded its net to charge laboratory owners with participating in fraud schemes. These criminal charges allege that, in one case, the doctors and lab owners worked together to prescribe and distribute more than 27 million doses of opioid drugs at a cost of over $40 million.

Some of the sanctions include the revocation of billing privileges with Medicare and Medicaid for more than 250 healthcare providers. The individuals and businesses accused of telemedicine fraud and other illegal activity also face the possibility of prison sentences and hefty fines. Medical professionals could lose their licenses to practice medicine and have their reputations destroyed.

A Washington criminal defense attorney could help if you get caught up in this or a similar takedown operation. Contact us today.

Physicians rarely get accused of assault by their patients, but when a patient makes this accusation, the doctor could have several possible defenses to the charges. It is essential to work with a Seattle physician defense attorney immediately because anything the doctor says in response to the allegations could get twisted and used against the physician.

With so much at stake, you do not want to try to serve as your own lawyer, but it can be useful to know some of the concepts these cases involve and the mental process your attorney will use when defending against assault charges for physicians.

Types of Assault Charges Against Physicians

Assault allegations against doctors tend to fall into one of these three categories:

Lack of Informed Consent

Usually, if someone sticks a knife into someone else, the law calls that an assault. The reason that doctors have patients sign a consent to treatment form is to prove that the individual knew what the physician was going to do (perform surgery) and consented to the procedure. The doctor could then perform the invasive procedure on the patient.

Some patients get angry after an operation and make accusations that the physician performed procedures without consent. We look to the language of the consent form when defending the doctor in this situation. The document should include wording that gives the physician permission to take additional steps. For example, if the patient goes in for exploratory surgery, the patient allows the doctor to remove tissue that shows signs of malignancy.

Also, there is an emergency exception to the requirement of informed consent. When a person is in critical condition, a healthcare professional can take action to save the patient’s life, even though the individual could not sign a consent form.

Sexual Assault

When a person makes a false allegation of sexual assault against a doctor, the accuser might have a financial motivation of wanting a big settlement from the physician’s liability insurance carrier. The individual seldom thinks beyond the payday they seek for slandering the doctor. The physician could also face criminal charges, a ruined reputation, and loss of the license to practice law.

The best defense to sexual assault charges by patients is two-fold: always follow office protocols like having a second healthcare professional in the room during examinations, and never have personal or intimate relationships with any patients. As long as these rules get adhered to without exception, the physician defense attorney can build a case for defending against the assault charges.

Medical Malpractice

There have been a few cases in which a doctor was accused of performing surgery while under the influence of alcohol or other drugs or committed outrageous medical malpractice that inflicts devastating harm on or kills the patient. In these situations, some prosecutors file criminal assault charges, calling the physician’s hands a deadly weapon.

Defending a doctor against charges of assault is sophisticated litigation. You could lose your medical license, your good name, and your career, but you could also face criminal charges with possible jail time and fines. A Seattle physician defense attorney can advocate aggressively on your behalf to get the best possible outcome. Contact us today.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on physician defense. 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.

An inquest is an open, public administrative hearing in which the County Coroner gathers information about suspicious deaths. Inquests are not adversarial proceedings. On June 11, 2020, by Executive Order, King County, Washington expanded its inquest program to include any death that involves a member of law enforcement of King County when carrying out official duties. Inquests in King County that do not involve law enforcement-related deaths only happen in extraordinary situations.

We see stories about inquests on murder mystery television shows, but you might not know many people who have actually attended one of these events. Like so many other things, an inquest involves far less drama than the television version, but the outcome can lead to criminal charges. Because of the potential for adverse legal action after an inquest, it can be smart to talk with a Seattle inquest attorney if you get called to testify at an inquest.

The Procedure for Conducting Inquests

The process involves multiple steps in King County.

The County Prosecuting Attorney’s Office investigates the death and notifies the County Executive when they complete the investigation. The Prosecuting Attorney advises the County Executive about the appropriateness of an inquest.
The County Executive makes the decision on whether to hold an inquest. When going forward with an inquest, the County Executive appoints a manager to handle the inquest. The manager appoints an administrator to conduct the inquest. The Prosecuting Attorney gives the manager a complete copy of the investigation file.
The administrator holds a pre-inquest conference and asks the Prosecuting Attorney to issue subpoenas for witnesses and documents.
The King County Superior Court provides the jury (called a panel), a courtroom, a bailiff, a reporter, and security for the hearing.
The Department of Public Defense can assign an attorney to represent the family of the deceased person unless the family has a private attorney.

Who Can Participate in the Inquest Hearing

Because an inquest is not a judicial, adversarial hearing, but rather, a fact-finding procedure that focuses on treating all the parties fairly and being transparent to the public, these hearings are not the same as a typical courtroom trial.

These parties have a right to participate in the inquest:

The family of the deceased and their attorney.
The member of law enforcement involved in the death, with an attorney.
The agency for whom the law enforcement member works, with an attorney.
The manager the County Executive appointed.
The administrator and pro tem attorney the manager appointed to conduct the inquest.
In cases that involve a member of an Indian tribe or Indian lands, a representative of the involved Indian tribe.

Each of the parties has a right to call its own witnesses to help the panel understand factual information about the death.

After all the evidence, the administrator gives the panel questions they must answer with “Yes,” “No,” or “Unknown.” The panelists are allowed to provide an explanation of their answers on the form.

The panel deliberates the evidence and the questions. While the panelists discuss their impressions with each other, every panel member completes the questions individually. The responses of the panel do not have to be unanimous.

The manager gives the findings of the panel to the County Executive. In the interest of keeping the public informed, the manager also creates a website where the manager posts the inquest schedule, file, stipulated facts, inquest recordings, and the findings and recommendations of the panel.

Contact Jennifer today to discuss your situation in detail. She can advise you of your legal rights and can represent you.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on inquests. 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.

After you get arrested or charged with a crime, you will have an arraignment, which is the first time that you go to court. The arraignment could happen as soon as the day of your arrest or the next day. A Seattle criminal defense attorney can advocate for you at the arraignment and throughout the criminal case.

The court will tell you these things at the arraignment:

The charges against you. These charges get read in the open courtroom. Everyone else on that court docket will hear the accusations you face. You have a constitutional right to hear the charges against you so that you can prepare a defense. It is impossible to prepare a defense if you do not know the accusations.
The range of punishment for those charges.
Your constitutional rights. One thing the U.S. Constitution guarantees, in the sixth amendment, is the right to a speedy trial. This guarantee is why the arraignment happens so quickly. Also, you have a right to have a lawyer. You can request a public defender. If you meet the financial requirements, you can get a public defender at no cost to you. Taxpayers provide the funding for public defenders. You have the right to hire your own criminal defense attorney instead of using a public defender.
The amount of your bail. Your lawyer can ask the judge to reduce the bail to an amount you can afford or ask that you not have to pay any bail. If you do not have to pay bail, the judge releases you on your promise to return for the next court date.
The date of your next court appearance.

Sometimes the judge issues a no-contact order or an anti-harassment order that forbids you from contacting witnesses and the alleged victim between the time of the arraignment and trial.

Pleading Guilty or Not Guilty

You will either plead “guilty” or “not guilty” at the arraignment. If you plead guilty, you will not have a trial. The judge will decide your fate, within the range of possible punishments for the charges. You should always get legal advice before pleading guilty.

The only way to get your “day in court” is to plead not guilty. After a not guilty plea, your criminal defense attorney can build your defense case.

The Importance of Coming to All Scheduled Court Appearances

The arraignment is the first of multiple court appearances in a criminal case. If you get released on bail and do not show up at any scheduled court date, the judge can issue a bench warrant, leading to your re-arrest. If the judge allows you to get released on bail after a failure to appear at a court appearance, the amount of bail will likely be higher than if you had been required to pay bail initially.

Getting a criminal conviction can change your life permanently. You might not get into the college of your choice or land that dream job. The social stigma of a criminal record can be embarrassing for you and your family.

Contact Jennifer today to discuss your situation in detail. She will fight hard for you and protect your legal rights.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on arraignments. 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.

A person can get arrested and charged with violations of state or federal law for rioting and property damages during a protest in Seattle. The penalties can be severe, and under Washington law, some activities are felonies.

If you face criminal charges as the result of a protest, a Seattle federal criminal defense attorney can help protect your legal rights. Jennifer Horwitz Law can build a case for your defense and work with the prosecutor to try to resolve the charges.

State Law That Can Apply to Charges of Rioting and Property Damage During a Protest

One of the state statutes that can apply to the situation of protest-related rioting and property damage is RCW 9A.84.010, Criminal Mischief. The prosecutor would have to prove that a person acted with at least three other people to knowingly or unlawfully use or threaten to use force against another person or property.

The statute says that Criminal Mischief is a gross misdemeanor. If the person has a deadly weapon, the action can be a class C felony.

Other possible charges in RCW 9A.48, Arson, reckless burning, and malicious mischief; RCW 9A.52, Burglary and Trespass; and RCW 9A.56, Theft and Robbery. These charges can range from a misdemeanor, gross misdemeanor, Class A felony, Class B felony, and Class C felony.

There is a wide range of punishment available to the sentencing judge in these cases. For example, some felonies convictions can result in penalties that include getting confined in a state correctional facility for up to 10 years and paying a fine as high as $20,000.

Gross misdemeanor convictions can send a person to the county jail for up to 364 days and result in an assessment of a fine up to $5,000. A standard misdemeanor can land a person in jail for up to 90 days with a fine as high as $1,000.

Federal Anti-Riot Law

The Federal Anti-Riot Act, 18 USC 2101, makes it illegal to use interstate or foreign commerce with the intent to:

Participate or carry on in a riot
Organize, encourage, promote, or incite a riot
Commit a violent act during a riot
Help anyone perform any of those things

The Act defines interstate or foreign commerce as using a telephone, television, radio, or telegraph. If a person talks on the phone or sends or reads a text, tweet, Instagram or Facebook posting or live stream or other social media on the phone related to the protest, the prosecutor could consider that as using interstate commerce and triggering the Federal Anti-Riot Act.

The penalties for a conviction under the Act include imprisonment for up to five years, or a fine, or both. If a person gets convicted or acquitted on the merits for the same actions under a state law, he cannot get prosecuted under the federal act.

Your liberty, criminal record, and money are at risk if you get charged with a crime for conduct during a protest. A criminal conviction could cause you to lose your job and not get considered for jobs you want for the rest of your life. Your dream college or university might be out of reach if you have a conviction on your record. Contact Jennifer today to get help in achieving the best possible outcome in your situation.

DISCLAIMER: This post is intended to share my perspective, insights, and some general information on various aspects of criminal law 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.