Criminal Defense Attorney Washington: What To Do When Facing Charges
Being charged with a crime in Washington is a serious matter that can have lasting consequences on your freedom, employment, and future. Understanding the Washington criminal justice system, your rights, and the importance of immediate legal representation is critical. This comprehensive guide walks you through the process and explains how to find a qualified criminal defense attorney in Washington.
Washington Criminal Law Overview
Washington criminal law is primarily codified in the Revised Code of Washington (RCW) Title 9A, which defines crimes and penalties. Washington follows a strict Sentencing Reform Act framework (RCW 9.94A), which establishes mandatory sentencing ranges based on offense severity and criminal history. Unlike some jurisdictions, Washington judges have limited discretion in sentencing and must follow these guidelines.
The Washington State Bar (www.wsba.org) oversees licensed attorneys and handles professional conduct complaints. If you are arrested or charged, you have the constitutional right to an attorney under the Sixth Amendment and Washington law. If you cannot afford one, the Public Defender Association in major counties and appointed counsel in smaller counties will represent you at no cost.
Washington courts operate at multiple levels: District courts (misdemeanor and civil cases up to $100,000), Superior courts (felonies and higher-value civil cases), and appellate courts. King County Superior Court in Seattle handles high-volume felony cases, while Spokane County Superior Court serves Eastern Washington's significant caseload.
The Washington Criminal Process: Step-by-Step
1. Arrest and Miranda Rights
If arrested in Washington, police must inform you of your Miranda rights before any custodial interrogation. You have the right to remain silent and the right to an attorney. Say clearly: "I want to speak to an attorney." Do not answer questions without your lawyer present. Anything you say can and will be used against you in court. Washington law (RCW 10.125.070) requires proper Miranda advisement, and violations can result in suppression of statements.
2. First Appearance (Bail Hearing)
You must be brought before a judge within 72 hours of arrest (RCW 10.19). At this "first appearance," the judge will inform you of charges, advise you of your rights, and set bail conditions. This is where a criminal defense attorney can argue for release on your own recognizance or lower bail. Being represented at this stage can be the difference between being held in custody and going home pending trial.
3. Bail and Pretrial Release
Washington courts use bail, conditions of release, or recognizance agreements to ensure you appear for trial. Under RCW 10.21, judges must consider the least restrictive conditions. A good criminal defense attorney will argue aggressively for your release and may challenge excessive bail. For serious felonies, bail hearings can determine whether you spend months in jail awaiting trial.
4. Preliminary Hearing (Felonies Only)
For felony charges, a preliminary hearing must occur within 14 days of first appearance (RCW 10.37.015). The prosecutor must demonstrate probable cause that you committed the crime. Your attorney can cross-examine witnesses and challenge the state's case. A strong defense at the preliminary hearing can result in case dismissal or charges being reduced.
5. Arraignment and Plea Negotiations
At arraignment, you will be informed of the charges and asked to enter a plea. Before pleading guilty, it is essential to consult with your criminal defense attorney about plea bargain options. Many cases resolve through plea agreements, which may reduce charges or sentences. A skilled negotiator can often secure much better outcomes than taking the case to trial.
6. Discovery and Case Investigation
Washington courts require prosecutors to provide discovery (evidence) to the defense (RCW 10.39.060). Your attorney will review police reports, witness statements, lab results, and other evidence. Independent investigation, expert witnesses, and testing may be necessary to build a strong defense. Early and thorough discovery review is critical to identifying weaknesses in the prosecution's case.
7. Pre-Trial Motions and Suppression Hearings
Your attorney can file motions to suppress illegally obtained evidence, challenge search and seizure, and move to dismiss charges based on procedural violations. Successful suppression motions can exclude crucial evidence and may result in case dismissal or acquittal. Washington courts take Fourth Amendment violations seriously under State v. Kinney and related precedent.
8. Trial or Guilty Plea
If the case does not resolve, it proceeds to trial. In Washington, you have the right to a jury trial for all criminal charges. Your attorney will present evidence, cross-examine prosecution witnesses, and argue your innocence. Misdemeanor trials typically occur within 90 days of arraignment; felony trials may take 6–18 months depending on complexity and court docket.
9. Sentencing
If convicted, Washington's Sentencing Reform Act determines your sentence. Judges must impose sentences within legislatively prescribed ranges based on the "offender score" (prior convictions) and offense seriousness. Your attorney can argue for mitigation at sentencing: character witnesses, rehabilitation efforts, and family circumstances can all influence the judge's decision within the allowed range.
Washington Statute of Limitations
Washington has specific statutes of limitations that determine how long prosecutors have to bring charges (RCW 9A.04.080):
- Misdemeanors: 2 years from the date of the offense
- Gross Misdemeanors: 3 years from the date of the offense
- Most Felonies: 3 years from the date of the offense
- Serious Felonies (e.g., rape, robbery, murder): 5 years from the date of the offense
- Class A Felonies (e.g., murder, kidnapping): No statute of limitations
If charges are not filed within the statute of limitations, prosecution must be barred. Your attorney can challenge jurisdiction if the state missed the deadline.
Common Criminal Charges in Washington
DUI (Driving Under the Influence)
RCW 46.61.502 prohibits driving with a blood alcohol concentration of 0.08% or higher. First DUI convictions carry up to 364 days jail and $5,000 in fines. Ignition interlock devices are mandatory. Field sobriety tests and breath tests can be challenged; an experienced DUI defense attorney can exclude unreliable evidence.
Drug Offenses
Washington has strict drug laws under RCW 69.50. Possession of controlled substances is prosecuted based on quantity and intent. Possession with intent to deliver carries felony penalties. Marijuana is legal for adults, but distribution remains a crime. Drug manufacturing, trafficking, and sale are serious felonies with mandatory minimum sentences.
Assault and Battery
RCW 9A.36 defines assault and battery. Simple assault is assault in the fourth degree (gross misdemeanor). Assault with weapons or serious injuries (second or third degree) are felonies carrying 2–10 years imprisonment. Self-defense claims can result in acquittal or reduced charges.
Theft and Property Crimes
RCW 9A.56 covers theft, burglary, robbery, and vehicle theft. Felony theft depends on property value and circumstances. Robbery (theft with force) is always a felony carrying 2–20 years. Burglary penalties vary from gross misdemeanor to felony based on degree and premises type.
Weapons Violations
Washington has strict weapons laws under RCW 9.41. Carrying a concealed weapon without a permit is illegal. Felons cannot possess firearms. Unlawful possession of a weapon is typically a felony. Seattle and other cities have local ordinances restricting firearms further.
Public Defenders in Washington
If you cannot afford a private attorney, Washington will appoint a public defender or contract defense counsel at no cost. The Public Defender Association represents clients in King, Pierce, Snohomish, and other major counties. In smaller counties, contract attorneys handle public defense. Public defenders are skilled trial lawyers, but many carry heavy caseloads. For serious or complex cases, private counsel may provide more individualized attention.
Criminal Defense by City in Washington
Each Washington city has unique court systems and criminal justice cultures:
Washington Criminal Defense FAQ
How long does a criminal case take in Washington?
Washington misdemeanor cases typically resolve in 2–6 months, while felony cases average 6–18 months and can extend longer if proceeding to trial. Washington RCW 9.94A.020 establishes the Sentencing Reform Act, which governs felony prosecutions. Washington imposes strict speedy trial requirements under RCW 10.37.130: defendants in custody for misdemeanor charges must be tried within 90 days of arraignment, and felony defendants within 90 days of arraignment unless delays are caused by the defendant or are based on specific statutory exceptions.
What is the difference between a felony, misdemeanor, and gross misdemeanor in Washington?
Washington recognizes three offense levels under RCW Title 9A. Misdemeanors are punishable by up to 12 months in jail and/or fines up to $1,000 (RCW 9A.20.021). Gross misdemeanors carry up to 12 months in jail and/or fines up to $5,000 (RCW 9A.20.021). Felonies are more serious and may result in longer prison sentences, ranging from community custody to life imprisonment, depending on offense severity. Many crimes carry mandatory minimum sentences under Washington's Sentencing Reform Act.
Can a criminal record be sealed or expunged in Washington?
Yes. Washington allows record vacation under RCW 13.40.127 (juveniles) and RCW 9.97.010 (adults). Eligibility depends on the offense type, conviction date, and sentence completion. Most misdemeanors and gross misdemeanors can be vacated after sufficient time has passed. Certain serious sex offenses and violent crimes have restrictions. A Washington criminal defense attorney can evaluate whether your record qualifies for vacation and file the necessary petition.
What are Miranda rights in Washington?
Washington law requires that police inform suspects of their rights before custodial interrogation (RCW 10.125.070). Officers must advise you: (1) you have the right to remain silent, (2) anything you say can be used against you, (3) you have the right to an attorney, and (4) if you cannot afford an attorney, one will be provided. Washington's "Protective Order," established in State v. Pridemore, extends Miranda-like protections. If police fail to give proper warnings, statements made during custodial interrogation may be ruled inadmissible. Always invoke your right to counsel immediately.
What are the top criminal charges in Washington?
The most common criminal charges in Washington include DUI (RCW 46.61.502), drug offenses (RCW 69.50), assault and battery (RCW 9A.36), theft (RCW 9A.56), and property crimes. In major cities like Seattle and King County, drug possession, burglary, robbery, and vehicle theft are prevalent. Felony charges often involve weapons violations (RCW 9.41), manufacturing controlled substances, and aggravated offenses. Statute of limitations vary by offense: most felonies have a 3-year SOL, but some serious crimes have longer periods or no statute of limitations.
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