If you are charged with assault against an intimate partner or household or family member, that is a domestic violence offense. Domestic violence is taken very seriously in Washington, and judges may issue no-contact orders before a defendant has even been convicted of a crime.

A no-contact order may be issued and in effect while a defendant is out on bail and awaiting trial. The order will prohibit any contact between the defendant and the alleged victim, as well as other conduct, like going to their home, workspace, or other shared spaces. A judge may also issue a post-conviction no-contact order in Washington. Violating a no-contact order has serious consequences, so call our lawyers if you were arrested for violating a no-contact order.

Get help from our Tacoma, WA assault defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645.

Will a No-Contact Order Be Issued Before an Assault Conviction in Washington?

Judges typically issue no-contact orders in domestic violence assault cases in Washington. You may be restricted by a no-contact order after an arrest and before your trial even begins, without being convicted of an assault charge.

According to RCW 10.99.040(2)(a), since repeated violence against domestic violence victims is so common, judges may issue no-contact orders that defendants must follow while released from custody before arraignment or trial, out on bail, or released on their own recognizance.

If a no-contact order is issued prior to release on bail, the judge may require electronic monitoring as a condition of the defendant’s release.

When a no-contact order is issued before you have been charged with a crime, it will automatically expire at arraignment or within 72 hours if charges are not filed, according to 10.99.040(6).

If charges are filed, the no-contact order may be extended and stay in place for the rest of the trial.

If you are acquitted, the no-contact order will likely be terminated, though the complaining witness may still seek a civil domestic violence protection order against you. Judges also issue post-conviction no-contact orders that restrict defendants’ actions even after their release.

What Are Conditions of No-Contact Orders After an Assault?

Most no-contact orders have standard rules, though judges can tailor them as necessary. We can make sure you understand all the conditions of the no-contact order against you to avoid unintentionally violating it.

Prohibit Any Contact

A no-contact order prohibits someone facing assault charges from making any attempt to contact the alleged victim. The order also prohibits the defendant from attempting to contact the victim’s family or household members, which may include shared children. Nonphysical contact is also prohibited, as well as trying to contact the victim directly, indirectly, or even through a third party.

Exclude Defendant from Shared Spaces

No-contact orders also prohibit the defendant from being in any previously shared spaces, such as a residence, workplace, or school. This means a no-contact order may stop you from living in a shared home or seeing your children, even if you are still awaiting trial and have not been convicted of assault or any other domestic violence-related charge.

Mandate Staying a Specified Distance Away

The no-contact order may also mandate you stay a specific distance away from the alleged victim at all times, such as at least 100 yards. Coming within that distance at any time, no matter the location, could put you in violation of a no-contact order.

Other Related Prohibitions

No-contact orders may include additional stipulations at the judge’s discretion to reduce the risk of harm. A defendant may be forced to surrender their firearms and be prohibited from accessing shred assets, and may face other restrictions while a no-contact order is in place.

What if You Violate a No-Contact Order After an Assault?

Violating a no-contact order is illegal in Washington, and you may face additional consequences if you violate the no-contact order while out on bail or parole.

Willfully violating a no-contact order is a gross misdemeanor, according to 9A.46.080. You can be arrested for committing a gross misdemeanor in the presence of a police officer in Washington, or for violating a protection order, according to 10.31.100.

Since you may not be arrested or break any laws while out on bail, violating a no-contact order may cause the judge to revoke your bail for the remainder of your assault trial.

If you are arrested for violating a no-contact order, call our Lakewood, WA assault defense lawyers right away. Even if your violation was unintentional, don’t try to explain yourself to the police. Instead, tell us what happened, and we can present the explanation to the judge.

Suppose you violate a post-conviction no-contact order while out on parole after serving a portion of your sentence for a domestic violence assault charge. In that case, you risk being arrested and returned to prison.

What if a No-Contact Order is Unfair in Washington?

Suppose a no-contact order has been issued against you because you are facing assault charges, but you think the terms are unfair and too restrictive. Rather than violating the no-contact order, contact our lawyers, and we may be able to file a motion to modify or dissolve it.

Let us prepare arguments for modifying the no-contact order, especially if you want to continue seeing your children throughout a domestic violence assault trial. Willingly submitting to electronic monitoring might convince the judge to modify some aspects of the no-contact order as well.

Working to get the charges against you dropped can also address an unfair no-contact order. Suppressing evidence, questioning the credibility of witnesses, and providing an alternate explanation of events may lead to the charges getting dropped and the no-contact order getting dissolved.

Call Our Lawyers About Your Assault Case in Washington

Get help from our University Place, WA assault defense lawyers by calling the Law Offices of Smith & White today at (253) 203-1645

Once you have been arrested on allegations of domestic violence, your life has already been upended from the normal.  If you make bail and can go free while you await trial, you may still face restrictions on what you can do and where you can go, which includes restrictions against talking to the alleged victim.

You should never try to contact the alleged victim on your own after domestic violence charges.  Your bail conditions and the terms of any emergency restraining orders they have against you may stop you from calling or texting them.  Additionally, the courts might see further communications as harassment or even stalking.  If there are discussions you are allowed to have – such as coordinating picking up your things or your shared children – you may still want to handle them through a third-party intermediary like a family member, friend, or your lawyer.

For help with your case, call our Tacoma, WA domestic violence defense lawyers right away at the Law Offices of Smith & White at (253) 203-1645.

Bail Terms Limiting Contact with Alleged Victims

If you are accused of committing a crime against someone else, then the court will typically stop you from contacting them further.  This is common for any case, not just domestic violence.

When you get bail, courts assess your flight risk and danger to the community, and if they release you, there will be terms and limits in place.  Of course, one of these is a requirement to return for your next court date, but there may be check-in requirements or even some required payment or bond.

There are also potential limitations tied to the alleged conduct.  For instance, when a known victim is involved, the bail conditions will usually prevent you from committing further crimes against them, but no-contact orders are also incredibly common.

If you violate this order, then your bail can be revoked, and you can be sent to jail while you await trial.

Restraining Orders

The alleged victim in a domestic violence case can go to court for an “Immediate Restraining Order.”  These are emergency petitions filed on an “ex parte” basis, which means only the petitioner (the alleged victim) is in the courtroom when the judge hears the petition.

If your spouse or partner gets a restraining order against you after the arrest, it can have wide-ranging terms that restrain your actions:

• Orders not to contact the petitioner, your shared children, or other household/family members
• Orders to stay away from the petitioner
• Orders keeping you from returning to a shared home, workplace, school, or other locations you both frequent
• Orders keeping you from accessing shared children
• Orders stripping you of firearms
• Orders keeping you from economic retaliation, restricting accounts, canceling insurance policies, etc.
• Temporary support orders

Within this is often a clear directive not to call, text, or otherwise contact the alleged victim.  These orders last until you get a chance to go with your own lawyer and challenge an extension, typically 14 days after the order goes into effect.

If you violate this order, you can face separate penalties and arrests for the violation, as well as additional legal trouble in any related divorce, custody, or support cases that stem from this situation.

What About Necessary or Emergency Communications?

Sometimes when these orders are in place, our Washington domestic violence defense lawyers can put in exceptions for the kinds of conversations you need to have.  However, even when these communications are allowed, it is important to be careful.

For example, if you and the alleged victim share a house, then it would be unfair to leave you locked out of your home and unable to access your personal possessions, a change of clothes, etc.  The court may permit you to call to coordinate a pickup time when they won’t be home so that you can get what you need without additional in-person interactions.

However, these conversations can go south quickly, and they may stray off topic into arguments or angry words that might violate the bail terms or restraining order.  As such, it is better to have these talks – and arrange exchanges of clothes and whatnot – through a third party.

Our lawyers can contact their lawyers or work with the police officers on the case to coordinate things, or potentially monitor what goes on if you involve a friend or family member to take care of these conversations.

Sending someone else to threaten or harass the victim on your behalf would still potentially lead to criminal liability or violations for you, too.

Additional Charges for Contacting an Alleged Domestic Violence Victim in Washington

One of the worst-case scenarios is that your contact with the alleged victim in your case not only violates your bail terms and a restraining order, but also leads to additional charges.  This can add to the case against you and potentially increase penalties.

First, violating bail terms and restraining orders has its own penalties, and you may still face penalties for the original domestic violence charges.  However, other charges can come after these for additional contact with the other party.

These additional charges will usually be for the following crimes:

• Harassment, which includes any verbal threats to injure someone, damage their property, etc.
• Stalking, which covers repeat harassment, repeated unwanted contact, and other behaviors that put the person in fear of injury or harm.
• Witness intimidation, which covers threats or other intimidation of the victim, who is technically also a witness.

Committing these first two crimes against someone who already has a protective order against you increases the penalties, too.

What to Do if You Face a No-Contact Order for Domestic Violence

If you are under a no-contact order, you must comply with it.  These are court orders, and violations come with additional penalties.

Instead of trying to take matters into your own hands, always work with a lawyer and challenge the orders and accusations through the proper channels.  This means fighting them in court with evidence and arguments.

Our lawyers can also fight against overly restrictive requirements and try to get final penalties and restrictions reduced or suspended in favor of something like probation, when possible.

Call Our Washington Domestic Violence Defense Lawyers Today

To set up a case review, call the Law Offices of Smith & White’s Lakewood, WA domestic violence defense lawyers at (253) 203-1645 today.

Finding out that you have an outstanding warrant can be scary.  Your first reaction might be to ignore it and hope you don’t get arrested, but that can lead to additional hassle, encounters with the police, and the need to pay bail.  A lawyer may be able to handle the situation for you.

Lawyers can often get outstanding bench warrants cleared, but not arrest warrants.  The distinction is that bench warrants are usually for ongoing cases where you already missed a court date, and arrest warrants are for a new arrest based on an investigation.  Our lawyers can contact the court and arrange a new court date and potentially get your bench warrant dropped.  With an arrest warrant, we can also discuss turning yourself in so we can get bail set and start working on your case instead of you getting arrested by surprise.

To review your case, call the Law Offices of Smith & White’s Pierce County criminal defense lawyers at (253) 203-1645.

Bench Warrants vs. Arrest Warrants

It is important to understand which type of warrant you have to know how to proceed.  Our lawyers can help you figure this out and take the proper action, but understanding which warrant you have can help you feel confident in the process of what happens next in your case:

Bench Warrants

A bench warrant is issued by a judge “from the bench.”  These are used to get people into court, usually for a case they have already been arrested or charged in.

If you have a court date and fail to appear, courts can issue bench warrants to drag you back to court.  This often means you violated the terms of your bail or release on your own recognizance, and it may mean the judge will want to adjust your bail terms going forward.

If you have a bench warrant for you, police can arrest you any time they come across you for other issues.  That means that if they pull you over for a routine traffic stop or need your name as part of another investigation, and they run your name through a warrant search, they can find the warrant and arrest you.

Bench warrants are issued for existing cases, but also for outstanding traffic tickets – though it usually takes more than one or two outstanding tickets for a judge to resort to a bench warrant.

Arrest Warrants

An arrest warrant is usually the result of a criminal investigation.  This is the kind of warrant that police need to go to a judge to sign off on.

An arrest warrant gives the police the ability to go look for you and arrest you anywhere they might find you.  For them to go inside your house or other private property, they also need a search warrant or permission.  However, they can arrest you outside your house, job, or other location with just an arrest warrant.

Can You Clear an Arrest Warrant?

Arrest warrants usually cannot be cleared so easily.  Police get a warrant once they think you are the one who committed a crime.  That means the most common way to challenge an arrest warrant is to fight the case after you have been arrested and formally charged.

However, our Pierce County criminal defense lawyers might be able to make the arrest warrant go more smoothly.  Especially if the police have been in contact with you and your lawyer, they might give you notice of the arrest warrant and give you an opportunity to turn yourself in.

This means going to the station, presenting yourself, getting booked, getting arraigned, and getting released on bail after a bail determination hearing.

This is usually a better alternative than an arrest, and your cooperation with the legal process can often help you if it comes time to negotiate for a plea agreement or sentencing.  It’s also better than being jumped by officers outside your workplace or being woken up at 2 a.m. to be arrested.

Can You Clear a Bench Warrant?

The goal of a bench warrant is simply to get you to come back to court.  If you show the court you are willing to do that without being arrested, they can often clear the warrant.

Our attorneys can contact the court on your behalf, explain why you missed your prior hearing, and schedule a new hearing.  Judges are often willing to drop warrants once they know that there is an attorney on the case and the defendant has had someone explain the process to them.

If the judge is not willing to clear the warrant, then you might need to turn yourself in, as discussed above.  More likely, the court can schedule a new court date, but the judge might leave the warrant open until you actually appear in court.

Once we get to court with you, we can focus on defending you from the outstanding charges.

What Happens After Clearing a Warrant?

Just because your bench warrant was cleared doesn’t mean your case is over.  In fact, it could just be the beginning.

Most bench warrants are issued in the early stages of a case for failure to appear.  This means you still have charges to address.

Once we get you back to court, we can pick up where you left off with your previous counsel or before you had a lawyer.  This means getting discovery from the prosecution (the evidence they have against you), doing our own investigations, and preparing to challenge the charges in court.

How to Prevent a Warrant

If you have charges pending in court, it is vital that you show up to your court dates.  Our lawyers can accompany you and represent you in court.

If you appear at all court dates, there is typically no reason to issue a bench warrant against you in the first place.

Why Do I Still Have a Warrant After My Case was Dismissed?

If there was a bench warrant for you, but you came to court and paid your fine/served your sentence, or you got the charges dropped/dismissed, then the bench warrant should go away.  If it is still on the books, it is likely an error, and our attorneys can help you clear this up with the court.

Call Our Pierce County, WA Criminal Defense Lawyers

If you have a warrant, call Smith & White’s Lakewood, WA criminal defense lawyers today at (253) 203-1645.

Refusing Field Sobriety Tests in a Tacoma DUI Case: What Courts Can and Cannot Use Against You

When you’re facing a DUI charge, the consequences extend beyond the courtroom. Your rights, your record, and your future are on the line. In some cases, what you choose not to do—such as refusing a field sobriety test—can become part of the evidence used against you.

A recent decision from a Washington appellate court shows just how complex DUI cases can get. In this case, the court allowed the jury to hear about the defendant’s refusal to participate in field sobriety testing, despite constitutional challenges. For anyone arrested or charged with DUI in Tacoma or Pierce County, the outcome offers an important lesson: every action—or refusal—can have legal consequences.

Facts of the Case: A Composite from Real Events

In April 2021, police in Auburn, WA, stopped a driver after observing erratic behavior on State Route 167. Officers said the vehicle was drifting between lanes and speeding up and slowing down without clear reason. When they finally pulled the car over, they had to knock on the window multiple times to get the driver’s attention.

According to police reports, the driver showed several signs of impairment: slurred speech, clumsy movements, and the smell of alcohol. He denied drinking but admitted that he was supposed to have an ignition interlock device installed due to a previous DUI conviction—and did not.

He refused to take field sobriety tests. He was argumentative with officers, who later arrested him for DUI. At the police station, he also refused to take a breath test despite being warned of the consequences, including automatic license suspension. Officers did not obtain a warrant for a blood draw.

A background check revealed that the driver had at least three prior DUI convictions. The State filed charges for felony DUI, reckless driving, and violation of the interlock device requirement. He later pled guilty to the interlock violation, and a jury convicted him on the remaining charges.

Why Refusal to Perform Field Sobriety Tests Can Be Used Against You

The defendant argued on appeal that the trial court erred by allowing his refusal to participate in field sobriety tests to be admitted into evidence. He claimed this violated his constitutional rights under the Fourth Amendment (protection against unlawful searches and seizures) and Fifth Amendment (right against self-incrimination).

But the appellate court disagreed. Here’s why:

• Reasonable Suspicion Justified the Stop: The court held that the officer had reasonable suspicion to stop the vehicle based on observable erratic driving. This met the standards laid out in Terry v. Ohio.

• The Refusal Was Not Testimonial: Field sobriety tests involve physical coordination—not verbal testimony. Courts in Washington and across the country generally consider refusal to take these tests as non-testimonial conduct. That means the Fifth Amendment does not apply.

• The Refusal Was Relevant Evidence: Under Washington law, juries may consider a suspect’s refusal to perform field sobriety tests as evidence of consciousness of guilt, especially when the request is made during a lawful detention.

• No Unlawful Coercion Occurred: Officers did not physically force the defendant to comply, nor did they engage in behavior that would turn the request into a coercive interrogation. As a result, the court ruled that the evidence was properly admitted.

What This Means for Your Case

If you’re pulled over and suspected of DUI in Tacoma, WA, your decision to refuse field sobriety tests may not shield you from consequences. In fact, prosecutors may introduce that refusal at trial to suggest you had something to hide—even if you were trying to protect your rights.

While this may feel unfair, Washington courts have consistently ruled that such refusals are not protected under the Fifth Amendment because they do not involve self-incriminating statements.

Firearm Possession After a Felony DUI: What You Need to Know

The same defendant also challenged another major consequence of his conviction: the loss of his right to possess firearms.

He argued that because his felony DUI conviction was non-violent, the restriction was unconstitutional. Again, the court disagreed.

The court pointed to multiple state and federal decisions supporting the principle that firearm restrictions for individuals with serious criminal histories—including repeat DUI offenders—serve a legitimate public safety purpose. In particular:

• Repeat DUIs Show a Pattern of Risky Behavior: Even if no violence occurred, multiple DUI offenses signal a pattern of impaired judgment and public endangerment.

• Historical Traditions Support Restrictions: Courts found that firearm prohibitions tied to felony convictions align with the U.S. tradition of disarming individuals deemed dangerous to community safety.

• Washington Statutes Meet Constitutional Scrutiny: The court held that Washington’s laws barring firearm possession by individuals convicted of felony DUI are “reasonably necessary” to prevent harm and are not overbroad or punitive.

In short, felony DUI in Washington can result in a permanent firearm prohibition—even if no one was physically hurt in the incident.

Other Penalties You Might Face in a Tacoma Felony DUI Case

Felony DUI convictions in Washington come with serious, life-changing consequences beyond incarceration. These may include:

• Electronic Home Monitoring: As in this case, a court may impose home detention even if time served covers the jail sentence.

• Mandatory License Suspension: Refusal to submit to a breath test carries automatic consequences with the Department of Licensing.

• Financial Penalties: Fines, court costs, and treatment fees can quickly add up.

• Treatment Requirements: You may be required to complete a certified alcohol dependency evaluation and follow up with treatment.

• Felony Record: A felony DUI conviction will stay on your record and can severely impact employment, housing, and travel.

• Loss of Gun Rights: As discussed above, even a nonviolent felony DUI can bar you from owning firearms in Washington.

A Tacoma DUI Defense Attorney Can Help You Fight Back

We understand that not every DUI case is cut and dry. People refuse tests for all sorts of reasons—fear, confusion, poor advice, or medical limitations. Police may overstate impairment. Procedures may be skipped or abused. And not every prior conviction should count toward a felony filing.

We recently represented a client in Pierce County who was charged with felony DUI based on an alleged refusal and prior out-of-state offenses. By challenging the admissibility of the out-of-state DUIs and investigating the legality of the traffic stop, we were able to negotiate a reduction to a gross misdemeanor. This saved our client from a felony conviction, jail time, and permanent loss of rights.

Every detail matters in a DUI defense—especially when the stakes involve constitutional rights.

Facing a DUI in Tacoma, WA? Don’t Go It Alone

If you’ve been arrested for DUI in Tacoma or Pierce County, don’t wait to get legal help. The earlier you contact a skilled defense attorney, the better your chances of protecting your rights, preserving your freedom, and minimizing the long-term consequences.

Facing DUI charges? Don’t navigate the system alone—reach out to our Tacoma office today for a free consultation.

Felons need Real IDs as much as anyone else if they plan to fly anywhere in the United States. But will their criminal record stop them from obtaining this documentation? Or are they just as eligible for a Real ID as anyone else?

Felons who are Washington residents and can produce the required documents can obtain a Real ID. Not all felons have easy access to birth certificates, passports, or other forms of identification. If you are currently facing criminal charges or have been recently released on parole, you may still be eligible for a Real ID. That said, you may be unable to use the Real ID right away, as you might face travel restrictions.

Call the Law Offices of Smith & White at (253) 203-1645 for help with your case from our Tacoma criminal defense lawyers.

Are Felons Eligible to Get Real IDs in Washington?

Like other Washington residents, released felons are eligible to get Real IDs. Additionally, like other Washington residents, felons can obtain Real IDs only by providing all the necessary documentation.

Having a criminal record does not necessarily make you ineligible for a Real ID, provided you are not currently incarcerated. A criminal history may make obtaining a Real ID more challenging if you lack easy access to essential documents, such as your birth certificate or a valid passport.

Not all felons have dependable housing or employment. This makes requesting copies of certain documents and proving residency in Washington more difficult, and complicates many other aspects of day-to-day life, let alone the process of obtaining a Real ID.

Enhance your driver’s license or state ID card to be Real-ID compliant as a felon. If you are only recently released from prison and are currently on parole, your license might still be revoked, depending on the conditions of your release. With a valid and current driver’s license, you may not be able to get the enhanced Real ID-compliant license.

What Documents Do Felons Need to Get Real IDs?

Washington requires proof of U.S. citizenship for anyone seeking a Real ID, and accepts the following documents:

• Valid U.S. passport or passport card
• Certified U.S. birth certificate
• S. Certificate of Citizenship
• S. Certificate of naturalization

You must also provide a document that proves your identity, such as your current, valid Washington driver’s license, out-of-state driver’s license, or a valid U.S. passport.

Finally, you must provide two documents proving your Washington residency, such as a phone bill, bank account statement, car registration, or paycheck with your employer’s name and phone number.

How Much Do Real IDs Cost for Felons in Washington?

There are also economic hurdles to obtaining a Real ID-compliant driver’s license in Washington, especially for felons recently released from prison or those unable to secure stable employment.

When getting your first Real ID, or as Washington calls it, “enhanced ID,” the cost is $96 for a six-year valid ID card or $128 for an eight-year valid ID card.

For anyone upgrading their current Washington ID or driver’s license to an enhanced ID, the cost may range from $7 to $56, depending on the number of years remaining on the validity of your current ID.

Bring your form of payment with you when getting a Real ID so you can easily complete the transaction.

If you need a Real ID in advance of a domestic flight out of Washington State, make an appointment at a driver licensing center in your area. Be prepared with the required documents, as missing any crucial information may prevent you from obtaining your enhanced ID in Washington.

After your documents are reviewed and approved, and you’ve paid for the ID, you should receive it in the mail within two weeks.

When Do Felons Need Real IDs in Washington?

If you don’t have any domestic flights on the horizon, getting a Real ID may not be at the top of your to-do list, whether or not you are a felon. However, if you do plan to travel for any reason, you may need a Real ID to board a flight to anywhere else in the country.

Currently, the only other use for Real IDs is for identification purposes when entering certain federal buildings. Most people do not obtain Real IDs for this reason, as they are only required for successful air travel.

A valid standard driver’s license is not the same thing as Real ID unless it is Real ID-compliant and an enhanced driver’s license.

Can Someone with Active Felony Charges Get a Real ID?

You may even be able to get a Real ID if you have any active charges against you. That does not mean that you can necessarily use the enhanced ID to fly to another state, as you might face travel restrictions while out on bail.

Defendants with active cases who try to use Real IDs may be unsuccessful. The judge assigned to your case may even revoke your bail if they think you were trying to flee the charges you were currently facing.

Bail conditions are strictly enforced in criminal trials for felony charges. Due to this, our Washington criminal defense lawyers advise defendants against attempting to use a Real ID, passport, or other TSA-approved form of identification to leave Washington State by air.

Suppose your trial is over, you served part of your sentence, and you are released early on parole. You may also obtain a Real ID in that scenario, though you may still face travel restrictions while on parole.

Always notify your parole officer of any trips out of town, especially if you are going to another state. You may need approval before you leave the area. Violating your parole means risking being returned to prison to serve the remainder of your sentence, so don’t risk it.

Call Our Defense Attorneys for Help in Washington

Call the Law Offices of Smith & White at (253) 203-1645 to discuss your case with our Lakewood criminal defense lawyers.

Criminal charges are not just for adults. Many young people face charges, but their cases must go through the juvenile justice system, which treats them far differently from adult offenders. If your child is charged, you should hire an experienced defense attorney as soon as possible. Do not allow one mistake to ruin your child’s future.

Juveniles often make foolish mistakes that get them into trouble. While this is often a part of growing up, serious mistakes might lead to serious penalties, including criminal charges. You should contact a lawyer for help with your child’s charges immediately. The juvenile justice system is different than the more commonly known adult justice system, and your attorney should have the skills to defend your child and hopefully get them released into your custody. Your attorney can also develop effective defense tactics and help you plan ahead so that this case does not negatively impact your child’s future.

Get a private case assessment from our Tacoma criminal defense lawyers with the Law Offices of Smith & White by calling (253) 203-1645.

When to Contact a Lawyer About Criminal Charges Against Your Child

When it comes to criminal charges, you must act fast to get help. The justice system might not wait for you if you hesitate, and the sooner you contact a lawyer, the better.

You should contact an attorney about your child’s charges immediately. While the juvenile justice system is different from the justice system for adults, you are still allowed to have a lawyer for your child. In many cases, courts likely will not proceed until a child has a lawyer to represent them.

It is never too early to hire a lawyer. Even if your child has not been formally charged or even arrested yet, they might still benefit from an attorney’s advice and assistance. If a criminal investigation is still pending, a lawyer can help you protect your child’s legal rights from being trampled by the authorities.

If your child has already been arrested and charged, you should hire a lawyer before their first court appearance. After a juvenile is arrested, a judge must determine if there is enough probable cause to hold the juvenile in custody. This probable cause hearing must occur within 48 hours of the arrest. As such, your child should have a lawyer as soon as possible.

Protecting Your Child After They Are Arrested in Tacoma

Your first concern may be to get your child home and out of police custody. Your attorney can step in and help make this happen.

The authorities may turn a child over to their parents instead of holding them in custody. This is discretionary, but our Tacoma criminal defense lawyers may be able to convince the authorities to release your child if a safety plan is in place. If the police believe that parents will keep their child safe and out of further trouble, they are more likely to release them.

It is normal for the police to question suspects about alleged offenses, even if they are children. Your child should not speak to the police on their own. Generally, the police must allow a juvenile to speak with their parents or an attorney before questioning them. As such, it is imperative that you get a lawyer immediately.

As mentioned above, the authorities need probable cause to detain a juvenile after arrest. Under the Criminal Rules for Courts of Limited Jurisdiction CrRLJ § 3.2.1(a), a court must make a judicial determination of probable cause within 48 hours of the arrest. If we can show there is not enough probably cause to hold your child, they may be released to your custody.

Developing Effective Defense Strategies for Your Child

The best defense strategy for your child’s case must be carefully determined with an attorney. You might have numerous options to review, and some might be better than others, depending on the situation.

Challenging the Evidence

One strategy is to examine the evidence against your child and determine weak points or flaws in the prosecutor’s plans. Just like in the adult court system, prosecutors must prove that a juvenile is guilty beyond a reasonable doubt. This is an incredibly high burden of proof, and there is a chance that the prosecutor may not have sufficient evidence to meet their burden.

Some evidence might be unlawful or otherwise inadmissible. For example, if the police interrogated your child without a parent or lawyer present, any incriminating information they might have divulged could be excluded from the case. Juveniles should almost always be questioned with an adult present.

Preventing Transfer to Adult Court

You may have heard news stories about juveniles being tried as adults for crimes. This may occur in special cases where the juvenile’s alleged behavior is particularly shocking.

Under R.C.W. § 14.40.120(a), prosecutors may request to transfer a juvenile to adult court if the juvenile is at least 15 and charged with a serious violent offense. Alternatively, the juvenile may be 14 or younger and charged with first- or second-degree murder to be eligible for transfer. A juvenile might instead be transferred at any age if they are charged with custodial assault while already serving a juvenile sentence to age 21.

If prosecutors try to transfer your child to adult court, we can try to intervene and convince the court that it is not necessary or that your child is ineligible for transfer.

Plea Bargains

Another strategy is to work out a plea bargain with the prosecutor. They may be willing to drop certain charges or request a more lenient sentence in exchange for a guilty plea. Many juveniles avoid the harshest possibilities, such as incarceration in detention centers, through plea bargaining.

Call Our Tacoma Criminal Defense Attorney for Help with Your Child’s Case

Get a private case assessment from our Lakewood criminal defense lawyers with the Law Offices of Smith & White by calling (253) 203-1645.

We may defend each assault case differently. Charges, facts, and circumstances vary, making self-defense viable in some cases and lack of intent viable in others. Let us start working on your defense immediately so we have ample time to prepare before trial.

We may use text messages, witness statements, video footage, and other evidence in a defense. Tell us as many details about the alleged assault as you can remember, or give us an alibi if you have one. Eyewitnesses may testify that the alleged victim initiated the interaction, and character witnesses may testify that you do not have a history of aggression. After we prove you were acting in defense of others or the allegations against you are false, the jury may acquit you.

Call our Tacoma, WA assault defense lawyers at (253) 203-1645 for help from the Law Offices of Smith & White.

What Are Common Defenses to Assault Charges in Washington?

Defenses for assault charges are case-dependent, though self-defense and defense of others are two of the most common defenses.

Self-Defense

RCW 9A.16.020(3) lets you use reasonable force to protect yourself from injury or your property from malicious trespass. If someone attacks you, you are justified in doing what you must to protect yourself. We can prove the force you used was necessary and proportional to that used against you.

Medical records proving your defensive wounds, witness statements, and other evidence help us prove self-defense.

Defense of Others

The same statute lets you use reasonable force to protect others from injury. Witness statements help prove you were acting in defense of others. They can testify in court that another individual was the actual offender and that you were protecting them and others.

Is Lack of Intent a Defense Against Assault Charges in Washington State?

Generally, some level of intent is required to prove assault charges in Washington. Though the degree of intent varies depending on the charge, lack of intent is sometimes a successful defense.

If the prosecution cannot prove you intended to harm the alleged victim, the jury may find you not guilty.

Lack of intent may work as a defense against assault in the fourth degree but maybe not against assault in the second or first degree.

What if False Allegations Lead to Assault Charges in Washington?

If you have been wrongly accused of assault, like after an altercation with an intimate partner, contact us right away. Our Washington assault defense lawyers may prove that the allegations against you are false, clearing your name.

Text messages between you and the alleged victim, phone recordings of the interaction, and witness testimony can prove allegations are false.

While prosecutors can file charges without alleged victims’ corroboration, getting guilty verdicts is harder. Allegations of assault being recanted can also help your case.

What Evidence Helps Your Defense Against Assault Charges?

Evidence varies from case to case. Let us start investigating as soon as possible so we can get enough proof to support your defense.

Witness Statements

Many defenses rely heavily on witnesses. Witnesses serve different purposes. Eyewitnesses may testify about an alleged assault and confirm you were not involved or were acting in self-defense.

Character witnesses are individuals who can testify about who you are as a person. For assault charges in the first or second degree, prosecutors might make accusations about your character or supposed history of aggression, and people close to you can testify to address that.

Expert witnesses may testify about your defensive wounds, mental stability, or other facts of the case.

Physical Evidence

Exculpatory physical evidence helps defendants. This is any evidence that shows your innocence, such as someone else’s fingerprints on an item allegedly used in the assault, like a weapon. Prosecutors test physical evidence, but we can have it retested or reviewed by our own experts.

The prosecution not being able to produce any physical evidence tying you to an alleged assault also helps your defense.

Photo and Video Evidence

Video evidence may tell a very different story than what the prosecution alleges. Altercations in bars, on the street, and elsewhere are often caught on security cameras. Footage may show the alleged victim approaching and attacking you and you responding with appropriate force to protect yourself.

Correspondence

Assault in the fourth degree is one of the most common domestic violence charges in Washington. Misunderstandings between romantic partners or family members might lead to a domestic violence arrest, and our lawyers may use social media messages, texts, phone records, emails, and other correspondence to aid your defense.

Should You Accept a Plea Rather Than Defend Assault Charges?

Soon after arrests, prosecutors might approach defendants with plea deals. Plea deals can be useful tools in avoiding egregiously long prison sentences, but they can also be unfair to defendants if not managed by our lawyers.

If you are facing charges of assault in the first or second degree in Washington, pleading to lesser charges may mean lesser consequences.

Pleading guilty to a crime you did not commit because you feel threatened or pressured by the prosecution is wrong. We can be your advocate, making sure you do not enter a plea that unfairly affects your future.

When Should You Start Building Your Defense Against Assault Charges in Washington?

If you get charged with assault in any degree in Washington, call our lawyers. We can start working on your defense immediately to give you the best chance of success at trial.

Tell us everything about the alleged altercation. Do not try to protect the other person, even if they are someone close to you. Tell us if you suffered any injuries or needed medical treatment.

Do not wait to prioritize your defense, especially if you are facing serious assault charges.

Call Our Lawyers to Get Help with Your Criminal Defense in Washington State

Call the Law Offices of Smith & White’s Washington assault defense lawyers at (253) 203-1645 for help with your case.

Criminal convictions might continue to haunt you long after your release from prison. If a mistake far in the past has affected your gun ownership rights for too long, is there anything you can do to restore them in Washington?

There are specific criteria you must meet, and some felony convictions make you lose your firearm rights permanently. We can help file the petition necessary to restore your gun rights and represent you in court if the judge assigned to your case requires an in-person hearing. Vacating a conviction will not automatically restore your gun rights, and you may still need to file a specific petition to get them back. You may not only lose your firearm rights after a felony conviction but also for some misdemeanors.

For help from our Washington criminal defense lawyers, call the Law Offices of Smith & White today at (253) 203-1645.

Can I Restore My Gun Rights After a Criminal Conviction in Washington?

According to RCW 9.41.041, as long as you were never convicted of a class A felony or sex crime and meet other criteria, you may petition to get your gun rights restored in Washington.

You may qualify for gun rights restoration if you have spent five years in the community without any more criminal convictions that would prohibit you from owning a gun. These five years must be consecutive, but they do not have to be the most recent five years. Five years is the normal wait, though it’s shorter for some defendants.

A petition to restore gun rights will be denied if you have any pending charges against you in Washington or elsewhere.

How Do I Petition to Restore My Gun Rights in Washington?

Our Washington criminal defense lawyers will help you complete a Petition to Restore Firearm Rights. Once it’s ready, we will submit this petition to your county’s superior court.

The petition states your name, date of birth, and crimes you were convicted of, as well as any relevant case numbers. Defendants convicted of class A felonies, felony sex offenses, and felonies with maximum sentences of 20 years in prison or more are ineligible for gun rights restoration.

We can ensure the petition is complete and accurate upon its submission. Note that federal law might still bar you from possessing a firearm, which the petition warns.

What Are Other Requirements for Gun Right Restoration in Washington?

To qualify for gun rights restoration in Washington, you must be able to pass a background check after your rights are restored. Is anything other than a criminal conviction a threat to your gun ownership? If so, your petition may be dismissed.

Furthermore, you must have completed all requirements of your sentence when you submit a petition, excluding non-restitution fees or fines.

Does Vacating a Conviction Automatically Restore Gun Rights in Washington?

Depending on your conviction, you may apply to the sentencing court to have the conviction vacated after you are discharged, according to 9.94A.640(1).

Vacating a conviction does not automatically restore gun rights in Washington. Furthermore, you do not automatically qualify to have your conviction vacated. Violent offenses may be vacated, and neither may any previous charges if you have any pending charges.

Getting a conviction vacated is not a prerequisite to restoring gun ownership rights. However, it may help you in other ways, like being able to answer that you have not been convicted of a crime on job applications and others under 9.94A.640(4)(a).

What Happens After I Petition to Restore Gun Rights?

When we file the petition to restore your gun rights with the court, we will also send a copy to the county’s prosecuting attorney. The prosecutor must review the appropriate records and write to the court verifying whether or not the petitioner qualifies for gun rights restoration.

The judge assigned to your case may or may not require an in-person hearing. If the judge does not need additional information, they may grant your petition and restore firearm rights almost immediately.

Will I Automatically Lose My Gun Rights Because of Criminal Conviction?

You automatically lose your gun ownership rights after being convicted of or pleading guilty to a felony in Washington. Even some misdemeanors may lead to loss of firearm rights, which our lawyers may help restore.

Domestic violence-related charges like assault in the fourth degree, stalking, coercion, or reckless endangerment of an intimate partner or household member can lead to a loss of gun rights.

Owning a gun with such convictions would be unlawful possession of a firearm in the second degree, a class C felony of its own in Washington. Class C felonies are serious, and convictions may carry five-year prison sentences.

How Can I Increase My Chances of Gun Right Restoration in Washington?

Successfully completing parole terms helps your petition to restore gun rights get approved. If any no-contact or protection orders are given against you, follow them. Violating these orders might lead to additional charges, preventing you from getting your gun rights back.

You can get our lawyers to start working on your petition, even if you are still ineligible. We can prepare the necessary information so we are ready to file the petition in court as soon as you become eligible.

What Other Rights Do Felony Convictions Affect in Washington?

In addition to your right to own a firearm, you lose other rights from felony convictions. For example, you may not vote while you are imprisoned in Washington. Unlike your right to bear arms, however, your right to vote gets automatically restored when you are released.

After being released, you still have to re-register to vote, but you do not have to petition to have your voting rights restored.

Call Us for Help Restoring Your Gun Rights in Washington

For help from the Law Offices of Smith & White, call our Washington criminal defense lawyers at (253) 203-1645.

Domestic violence crimes are often taken very seriously.  Intimate partner violence is often recurring and is something the legislature has sought to stop.  Because of this, the penalties for domestic violence crimes may be increased.

Fines of $100-115 are usually added to domestic violence offenses to fund prevention and victim advocacy programs.  On top of this, you still face whatever penalties are assessed for the underlying crime.  You can also lose access to your home and firearms or face restrictions from bail and restraining orders, even without a conviction.

For help with your case, call the Washington domestic violence defense lawyers at the Law Offices of Smith & White at (253) 203-1645.

Is there Increased Jail Time for Domestic Violence?

Under Washington law, “domestic violence” is not a crime of its own.  Instead, charges for certain listed offenses can be deemed “domestic violence” crimes when they are committed against a partner or someone who lives with you:

• Assault
• Drive-by shootings
• Endangerment
• Coercion
• Burglary
• Trespass
• Property destruction
• Kidnapping
• Imprisonment
• Violating a restraining order
• Rape
• Stalking
• Interfering with reporting of domestic violence.

When you are charged with one of these crimes, there is no automatic upgrade to your jail time.  However, some situations could lead to upgraded charges, e.g., by injuring a pregnant partner’s baby.

However, the fact that a crime was a domestic violence offense can be taken into account at sentencing.  For example, a judge might see assaulting someone at a bar as a dangerous indiscretion but might see assaulting your girlfriend as a much more serious offense.  A judge might also see your crime as worse if it happened in front of your children.

Additionally, uncharged conduct can be accounted for in a sentence.  For example, if your spouse testifies that there were multiple episodes of domestic violence before this one, that could increase your sentence.

Increased Fines for Domestic Violence Offenses

As mentioned, an additional penalty is assessed under RCW 10.99.080 for domestic violence convictions.  The fine is at least $100, but judges can increase it to $115.

The money from these fines is put together to fund advocacy and prevention programs benefitting domestic violence victims across the state.

Other Penalties for Domestic Violence Charges in Washington

A serious issue our Washington domestic violence lawyers need to look out for in your case is other consequences that could affect your case, potentially before you are even convicted of anything.

Domestic Violence Restraining Orders

Domestic violence restraining orders and other similar protective orders are often issued quickly in domestic violence cases.  These can drastically affect your life without a chance to respond in court until weeks later.

An initial restraining order petition can be granted in an ex parte hearing, meaning the defendant is not present to defend themselves.  That order can last for 14 days before a hearing to determine whether it can be extended.

Final orders can last for 90 days and be renewed multiple times.

Police Intervention

Police responding to a domestic violence call also have permission to take steps to protect the alleged victim at the scene, all without a hearing.  This includes the ability to immediately seize all firearms and hold them for 5 business days.

Bail Conditions

Upon arrest, you can also be held in jail for some time before your arraignment and initial bail hearing.  During a bail hearing, it is vital to have a lawyer present, as the prosecutor might try to deny bail on the grounds that you are a threat to the victim.

If you are released, bail conditions might mirror some of the terms of your restraining order.  This means violating these terms could be both a restraining order violation and a bail violation, leading to revocation and rearrest.

Effects of a Restraining Order

Restraining orders have broad authority to control your life and restrict what you can do, including the following restrictions:

• Loss of firearms
• Inability to contact the alleged victim
• Temporary restriction on custody and contact with shared children
• Interference with work if you work with the victim
• Inability to return to your house.

If you violate the terms of a restraining order, it constitutes a second crime – also a domestic violence offense – that can mean additional charges, jail time, and fines if you are convicted.

Avoiding Additional Penalties on Domestic Violence Charges

Our attorneys can help fight some of these issues, such as seeing to your release on bail.  We can also seek to have restraining orders and other court orders overturned, restoring your freedom to access your home, children, and firearms.

The additional $100-$115 is generally unavoidable, but if you are not convicted, then you do not have to pay it.

Our defense strategies can help keep you out of jail, challenge the evidence against you, and potentially reduce sentences.  If you are willing to plead guilty to a lesser charge, this might also reduce your penalties – though it cannot usually remove the additional $100-$115 penalty.

Penalties For Domestic Violence Offenses in Washington

Each domestic violence case involves an underlying charge.  From assault to stalking to rape, these crimes each have their own penalties.

Crimes generally break down into felonies and two types of misdemeanors:

• Felonies are more serious crimes punishable by a potential of over a year in jail and high fines. Felonies break down into class A, B, or C felonies with different maximum jail terms and fines for each.
• Gross misdemeanors are punishable by up to 364 days in jail plus fines up to $5,000.
• Misdemeanors are punishable by up to 90 days in jail and fines up to $1,000.

Assault crimes have four levels of assault, three of which are felonies.  Similarly, there are two levels of rape, both of which are felonies.  Kidnapping, drive-by shootings, and other similarly violent crimes are also felonies.

Stalking, property crimes, violations of protective orders, and trespass, along with some burglary charges, are misdemeanors or gross misdemeanors.

Call Our Domestic Violence Defense Lawyers in Washington State Today

For help with your case, call Smith & White’s Washington domestic violence lawyers at (253) 203-1645.

When you are involved in any kind of criminal law issue, information is a vital resource in defending your best interests. With the help of a criminal defense attorney, you can fight your charges and explore opportunities to minimize, beat or dismiss your charges, all while getting the information you need along the way.

Instead of trying to defend your best interests on your own, our team at The Law Offices of Smith & White, PLLC, can provide you with the information and guidance you expect from a criminal defense attorney. Our extensive experience in all types of criminal law issues allows us to provide you with the information you need when you need it.

The Steps of a Criminal Case in Washington State

Your first step should be hiring Smith & White to defend your criminal charge. There are a number of steps we go through that are discussed elsewhere. The steps you go through in the courthouse are:

The Arrest and/or Investigation

Initially you will be either arrested or asked to come in for questioning. If either of those two things happen, your first call should be to an attorney. You should not speak to the police or consent to anything. Call a criminal defense attorney.

If you did speak to the police or consent to something before calling at attorney, you should call a criminal defense attorney as soon as you are able. An experienced criminal defense attorney will get to work quickly to challenge the validity of your arrest, evidence that was collected, and/or any statements that were given. Your attorney can then guide you through the rest of the process and work to make sure that your rights are protected.

It is never too late to contact an experienced criminal defense attorney. The earlier in the process, the better, but if you have not contacted a criminal defense attorney up to the point that you are reading this, now is the best time to call an experienced criminal defense attorney.

Arraignment or First Appearance

This is your first time appearing on a case. You must appear in court for any felony, domestic violence misdemeanor or DUI. If you have hired our firm, then you do not need to appear for this hearing on other types of cases. The judge confirms you are the correct person with name, date of birth and address. You are informed by the prosecutor or judge of the charge. You (or your lawyer) waive formal reading; otherwise, you are reading all the essential elements of the crime. You (or your lawyer) respond that you are not guilty. You are informed of the maximum you could receive for the charge. You are informed of your rights as a defendant. Some courts have you acknowledge these in writing. Some courts inform you of your rights under the Geneva Convention (in the case you are a foreign national).

The judge reviews probable cause to make sure that there is sufficient accusation, which, if true, would constitute a crime. Your lawyer may stipulate probable cause for this purpose. This is done to speed things up but can be used tactically to prevent the judge from reading bad facts. Some judges will determine probable cause even with this stipulation. The judge will set conditions of release, which could include bail, restrictions on travel, restrictions on contact, restrictions on alcohol and drug consumption, ignition interlock devices in cars, house arrest and even pretrial probation (to name just a few possibilities).

These conditions are based on three major factors. The first is the danger you present to the community, generally assessed by looking at your criminal history and the alleged behavior in this case. The second is your flight risk, which a good defense attorney can address by giving information to the judge to show your ties to the community. The third is the likelihood that you may attempt to tamper with witnesses. If bail is set, you need to immediately arrange to post bail, or you will be taken into custody until you can do so. This is a good reason to have your attorney already arranged. We can argue against needing bail and, if bail is imposed, can help arrange a bail bondman (usually at a discount). You are given your next court date, which is called either a case scheduling or pretrial in most courts.

Case Scheduling or Pretrial:

These are the initial hearings for administering the case. It is unfortunate that you need to be present. Often, the parties (prosecutor and defense) just make sure that documents and photos (discovery) are exchanged. Because they are administrative in nature, these hearings are often continued (meaning you need to appear again). As your attorneys, we do everything possible to reduce the number of appearances you need to make, but we are struggling against a large, ingrained bureaucracy. An offer (plea bargain) is usually made by the prosecution at one of these hearings. Any offer made to you must be communicated to you by your attorney, regardless of whether your attorney thinks it is a good offer or not. If the case is not resolved through negotiation at this phase, the matter moves on to omnibus or readiness.

Omnibus or Readiness:

This hearing – which is usually the last hearing before trial, although it can be continued (multiple times) – is to make sure that both parties are ready for trial. It is also used to give the judge an understanding of what the trial entails. Usually, the parties tell the judge how long they think the trial will last, whether there are motions before trial, how many witnesses are being called by each side, whether there are any special accommodations needed in terms of language, ADA, etc., and whether there are affirmative defenses by the defense.

Jury Trial and/or Judge Trial:

Your case is tried by either a judge or jury. That means either a judge or jury decides if you are guilty or not guilty. Even in a jury trial, a judge will be present to decide the arguments between the parties. Your attorney may try for a judge’s trial for tactical reasons. For more details on a trial, specifically a jury trial, see the next question.

Jury Trials in Criminal Cases

First, rest assured that the decision to have a trial (or not) is yours. Second, our attorneys at The Law Offices of Smith & White, PLLC, are veteran criminal defense attorneys. Third, you will know what is involved, what pieces are key and what risks you are taking. That said, jury trials are the ultimate test of evidence – “the crucible of cross-examination” – and often a marathon of endurance and wits for the attorney and stress for the client. The anxiety, uncertainty and public scrutiny cause most people accused of crimes to avoid them. In fact, likely less than one in ten people accused of a crime for the first time elect to have a trial.

A jury trial consists of twelve jurors of “your peers” in a superior court matter and six jurors in a district or municipal court matter. For you, jail or prison time is always a potential consequence. That’s what gives you the right to a jury trial. You cannot have one for a ticket where only a monetary penalty is in question. Now, in Washington state, the government, a.k.a. the prosecution, has been ruled to be a “party” to the case, and it also has a right to a jury trial. In the old days, you could choose to have your trial run by a judge instead of a jury. That is still possible, but the government must agree on this as well. Some issues are better for a judge, and some for a jury. Smith & White will advise you accordingly.

The “jury pool” is made up of regular people – usually taken from the voters’ rolls and selected at random by the court – who have taken the time to fulfill their civic duty. Many have jobs that will pay for their time away, i.e., Boeing employees. If the person does not vote and does not respond to court mailings, they have no chance of being on a jury. Jurors are not distinguished by race, creed, color, gender, sexual orientation, religion, etc. So, when they say “your peers,” it is the old British word for people of the same class. Commoners are judged by commoners, and since America does not have royalty, that’s everybody.

The “jury pool” is whittled down to an actual jury by a process called “voir dire,” now more commonly called jury selection. The judge elects an appropriate amount of time for each side, prosecution and defense, depending on the complexity of the case. Each side is allowed to talk about issues related to the case, but not the case itself, to make sure that the potential jurors can be fair jurors. The fine line between the case and not the case itself is one of the many reasons you need a veteran criminal defense attorney like Smith & White.

Both sides ask questions of the jury pool. Both sides can ask the judge to excuse jurors “for cause” – one of their answers demonstrated that they cannot be fair. Each side also gets “preemptory challenges.” Each side usually has three challenges for a six-panel jury and six for a twelve-panel jury, but the judge has the discretion to change this number as long as it remains equal. This means you can get rid of that many potential jurors for no reason stated; however, if it looks like you are discriminating for one of the above-stated reasons (race, etc.), that can lead to a Batson challenge. Basically, you and the prosecutor are not allowed to do that.

Once both sides have used their challenges, the remaining six or twelve are the jury. They are sworn in to follow the law. The judge instructs them not to discuss the case with anyone, including each other, until the presentation of all the evidence is concluded. The judge tells them not to do any of their own investigation, including not looking things up on their smartphones.

The jury decides the “ultimate question”: Whether you are guilty or not guilty of the crime(s). Note that they do not decide if you are guilty or innocent. There is no legal obligation for a defendant or the defense attorney to prove their innocence. The failure of the prosecution to convince a jury “beyond a reasonable doubt” means they should return a verdict of not guilty. Beyond a reasonable doubt, it will be discussed elsewhere.

What the jury is allowed to hear in making this decision is an interesting and complex intersection of facts and law. Some things, even though they are facts, are not allowed to be put in front of the jury. Usually, these facts are irrelevant (wasting everyone’s time), unreliable or unfairly prejudicial. All courses are taught about the rules of evidence. The rules themselves have a large volume. And there are many more volumes that discuss the rules. Also, there are cases where the courts interpret the rules. So, again, you’ll benefit from your veteran Smith & White criminal defense attorney.

The facts presented to a jury are usually proved through testimony. Testimony is when someone, under oath, says what they themselves heard, saw, etc. This is evidence. You might’ve heard someone say that the prosecution has no evidence – just the word of a bunch of people. The word of one person, much less a bunch of them, is evidence. If the jury chooses to believe those words, then that is sufficient evidence for a jury to find one guilty beyond a reasonable doubt.

Probably what these people mean is that there is no “corroborating evidence”: physical evidence that supports what the witness says is true. In fact, one of the things our defense attorneys at Smith & White commonly analyze is whether there should be other evidence if things happened, as the witness says. The failure of the prosecution to present this other evidence that likely should have been gathered and presented is a common argument that proof beyond a reasonable doubt has not been offered.

Fortunately, you have a very powerful right to cross-examine the witnesses against you. Your criminal defense lawyer can question them about the lack of corroborating evidence. We can also question them about their own motives and biases. Maybe they get a benefit if you go to jail or get convicted. Maybe they already did not like you for some reason. Maybe they have a record that makes them less believable in general. Your criminal defense attorney gets to ask them about all these issues that show they may not be truthful or may not be right about what they have to say.

After the prosecution has presented all their witnesses and evidence, all of which is subject to cross-examination by your attorney, you then have the right to present your own case. You have the legal right to subpoena and present witnesses. You could potentially get a material witness warrant if you can prove proof of service of the subpoena to the witness. Of course, it’s best if your witnesses come to testify by their own choice. All of your witnesses, including yourself, should you choose to testify, will be subject to cross-examination by the prosecution. So, it is important to be prepared for that cross-examination. Your Smith & White criminal defense attorney can help greatly with that preparation.

After hearing testimony through direct and cross-examination and seeing what evidence has been admitted, the judge reads the jury instructions to the jury. Jury instructions are summaries of the law, drafted by both sides and argued to the judge as to which should be presented and which the judge has selected. They always explain to the jury the elements of the offense. For example, in a theft charge, the elements are: 1) taking of property; 2) belonging to another; 3) without their consent; 4) of a certain value, etc. In all criminal cases, the jury is instructed that each element must be proved beyond a reasonable doubt.

After the instructions, both sides are given a set amount of time, determined by the judge based on the complexity of the case, to present their closing arguments. An argument is not really an argument since each side takes a turn. They take turns arguing that the facts do or do not fulfill the instructions, so the jury should return a verdict of guilty or not guilty. The prosecutor, for no real good reason, is allowed to go first and last. This is completely unfair, in my opinion, but it is a well-established precedent.

After an argument, the jury is sequestered. They are put in a room where they may now discuss the case with each other. They are kept in the room (during business hours) until they have reached a decision of guilty or not guilty or decided that they will never reach such a decision. All of the jurors must agree with the decision, and sometimes, they cannot. If they cannot agree on a result, then a mistrial is declared. This allows the prosecutor to refile the case, starting things all over from the beginning if they so choose. The prosecution usually only does so in the most serious of cases.

If the decision is guilty, then the judge will impose a sentence. Sometimes, this is done right away. Sometimes, a later sentencing date is selected. If the decision is not guilty, then the case is over, and the defendant (a.k.a. client) is allowed to leave without any conditions. You will be free to never have this charge raised again (in a criminal court by the same “sovereign”). If the jury cannot decide, it is called a “hung jury” or mistrial. The prosecution has the option of starting the case all over again.

Felonies vs. Misdemeanors in Washington

Generally, if you are in District or Municipal Court then your case is a misdemeanor. Most Misdemeanors are gross misdemeanors – meaning they are punishable by up to 364 days in jail and/or a $5,000.00 fine. Superior Court has general jurisdiction meaning it can handling felonies and misdemeanors. However, the court is so busy that misdemeanors are generally left to the district and municipal courts. So, as a general rule, if you do not know what type of case you have, if you are in Superior Court then it is a felony. If you are in District or Municipal Court then it is a misdemeanor.

Even if you are charged with a felony in Superior Court, a strong challenge to the case may result in the prosecutor being willing to plea bargain down to a misdemeanor. This case will still be in Superior Court but the penalties and the record are all greatly reduced.

Do You Need an Attorney for a Criminal Case?

“I’m guilty, so when I appear for my first court date and the judge asks me for my plea, I’ll just say I’m guilty. I’d be lying otherwise, right?”

Well, the short answer to that is you absolutely need an attorney to help you. First, many people think that they are guilty of something they actually didn’t do. The law is very complex and technical, and an attorney can help you with your situation. Second, whether or not you feel you did something wrong, your first appearance on the case (when you don’t have an attorney who knows all the facts of your situation to advise and assist you) is probably the worst time to make a decision like this. A finding that you are guilty of the crime is a legal outcome that may or may not occur as the result of a process begun by the prosecution and that should not end until all the facts are known and the actions of the government are determined to be justified and correct. Additionally, if you want to plead guilty, you can always change your plea later. To protect your rights, you should make sure that your lawyer has been fully advised of your situation, the actual real-world consequences of your plea and the probable sentence the judge might impose on your case. Even if you are guilty, an attorney can often help you mitigate your sentence or even get a reduced charge in your case.

What Would a Criminal Defense Attorney Charge to Represent You?

Please see our page on fees.

In Which Courthouses Do We Represent Clients?

We represent persons accused in federal court. We represent clients in the District and Superior Courts of Pierce, Thurston, Kitsap and southern King counties. Other locations are available only by special arrangement. Also, we appear in most of the municipal courts in the area: Tacoma Municipal Court, Kent Municipal Court, Olympia Municipal Court and Port Orchard Municipal Court, to name just a few of the largest examples.

Why Choose Us?

When you come to our Tacoma office, you will meet with a team of attorneys who are dedicated to your needs. We understand the importance of strong criminal defense representation, and we take the time to develop personalized strategies for each of our clients. We will review the details of your case to explore any and all options available to you.

Our team will consider all options, including beating or reducing your charges or looking for grounds for dismissal. We put in our best effort in every case we take, and you can rest easy knowing we are fighting for you.

Legal Guides Published On Avvo.com By Derek

• Firearms Law In Washington for Pre-1996 felony convictions – Read Guide
• Three things not to do at your arraignment to ensure that you go home afterwards – Read Guide
• 4 Reasons to get an attorney to help you with Protection Orders – Read Guide
• Top three reasons to get an attorney to represent you in a Domestic Violence case – Read Guide
• Tips for dealing with suspended licenses – Read Guide
• Some Practical Do’s and Don’ts Involving Use of Deadly Force in Washington State – Read Guide
• Why you want an attorney to handle your drug asset forfeiture – Read Guide
• Does a victim need to “press charges” in Washington for a person to be charged with a crime? – Read Guide

Legal Guides Published On Avvo.com By James

• Getting that Pesky Dismissed or Vacated Charge off Your Record – Read Guide
• Constructive Possession and Unwitting Possession – Read Guide
• Were You Read Your Rights? – Read Guide
• So You Admitted You were Driving – Read Guide
• Do You Need to Intend a DUI? – Read Guide
• Stopped for Lane Travel – Read Guide
• Field Sobriety Tests for DUIs – Read Guide
• How to Get the No Contact Order Dropped – Read Guide
• Top Ten Responses to Being Interrogated by Law Enforcement – Read Guide
• What to Bring to Your Arraignment – Read Guide

Our Washington Criminal Defense Attorneys Can Help

If you have more questions about your criminal law needs, contact us today to answer your questions. Call us at (253) 203-1645 or email us here to schedule your initial consultation today.