You’ve Been Arrested In Washington State.
What Happens?

Bail will be set within 24 hours — The U.S. Constitution guarantees reasonable bail except in capital (murder) cases. You will be brought before a judicial officer (magistrate) within 24 hours and bail will be set.

You may choose a bail bondsman to help you get releases on bond. The arrangement which you make with the bail bondsman is a contract and the terms of the contract must be honored by both parties. You must appear for court when you are directed and otherwise follow all directions of your bondsman. If you fail to appear, this will terminate your bond and court lead to a new felony charge.

Initial Appearance (called an arraignment) — No testimony or evidence is presented at the arraignment. You are presented before a judge and given a copy of the formal written charges against you. A Not Guilty plea is entered and the next court date is set in anticipation of negotiations between the Prosecutor’s office and your defense attorney.

Preliminary Hearing Conference for DUI charge — a DUI is punishable by up to one year in jail and up to a $5,000 fine, and variable time. If that describes your charge, you can expect a preliminary hearing conference to be set approximately 4-6 weeks later after the arraignment. At that time, your lawyer will talk to the prosecutor to discuss a possible plea bargain. If they can’t agree, they shall set another time to either continue the pre-trial hearing or to set a readiness and corresponding trial date.

Trial date set — the trial date will be set, usually at least a month after the pretrial hearing and normally not longer than 2-3 months later. Even though the trial date is set, it may get continued if either side wants more time or if the judge’s docket is full.

Jury Selection — in a DUI (gross misdemeanor) jurors are selected. The prosecutor and defense attorney go through a question and answer process to seat 6 jurors.

Trial — The prosecutor gives his opening statement. The defense attorney can either give his opening statement after the prosecutor or wait until the beginning of the defense case. The prosecutor calls his first witness and asks questions. The defense attorney cross-examines the witnesses. Other witnesses follow in the same manner. Some documents or items may be admitted into evidence. When the prosecutor is finished with his witnesses, the defense beings, calling his witnesses. Then the prosecutor may cross-examine them. After all the evidence has been presented the judge will give the Instructions of the Law to the jurors. Next, the prosecutor will give his closing argument. Afterward, the defense presents a closing argument. Then, the prosecution gets the last word consisting of a rebuttal.

Jury Decision — the jury retires to deliberate until it comes to a unanimous verdict. If they cannot reach a unanimous decision, a mistrial exists. Another trial may have to be held. If the verdict is not guilty, the defendant’s charges have been dismissed. If found guilty, the defendant received a sentence which may or may not be discretionary.

Sentencing — This procedure will be normally sometime between the trial and 1 month later. The defendant may file a pre-sentence report.

Call the Seattle Criminal Defense Attorney