You’ve Been Charged with a Crime in Washington – What Should You Do Now?

No one plans on being accused of a crime or being under investigation or having their home or vehicle searched – one of the clearest indications that you are under investigation. For this reason, very few people know how to proceed when these things happen. You’re probably stressed and wondering, “What do I do now?” There are three things you need to do and some things to remember in each.

First, you must know your rights when facing law enforcement. Remember, you do not have to answer any questions designed to elicit incriminating details. Second, get a lawyer immediately if you do not have one already. Your attorney can help you in more ways than can be listed here, and they should advocate for you in ways you might not be able to yourself. Finally, thoroughly review your charges with your lawyer. There may be special considerations for some charges that deserve a uniquely tailored legal approach. Every case is different, and your attorney can provide a defense tailored specifically to your charges.

Get a free initial case assessment from our Lakewood criminal defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645 as soon as possible.

What to Do After Being Arrested in Washington

If you are arrested, your top priority should be to stay calm and call a lawyer for help at your earliest opportunity. The police may try to get you to discuss the alleged offense, but avoid answering their questions. Wait until you can speak to your attorney before talking to the authorities about almost anything.

Invoke Your Right to Remain Silent

First, stop all communication with the police, prosecutor, or any other government officials. We’ve seen this advice on TV so much that we think that will be our normal response. However, the normal response is thinking, “If I don’t talk to them, they’ll think I’m guilty.” Sadly, they already think you’re guilty. They look for ways to prove that.

When they say, “everything you say can and will be used against you”, they mean it. If you don’t have an attorney with you, you’re not properly represented, so don’t say anything other than your name and birthdate – this is your constitutional right.

It should be pointed out that police are people too, and that means they have the same emotions as anyone else. So, even though it is wise to refuse to talk until you have legal counsel, it is also wise to do so politely. The police will respond to rudeness or belligerence just like anyone else would, and at this point, they are the ones with authority and who suspect you of having committed a crime.

Invoke Your Right to a Lawyer

Since you’re reading this, it’s possible that you’ve already faced questioning from law enforcement, and in that case, it is possible that you already spoke to the police. Don’t panic. It’s true that you can’t turn back the clock and take back your words, and panicking won’t make it so.

Write down everything you said to the police so you can discuss it with your defense attorney. You will also want to discuss the possibility of a motion to suppress. If he can get your statement suppressed, it cannot be able to be used against you in court. If the prosecution’s case rested largely on your statement, then they may even have to drop the case, and your headache is over.

Secure Your Pretrial Release

Being arrested does not automatically mean you are criminally charged. Normally, criminal charges are filed later, once the police have gathered more details and evidence to support the charges. Once you are charged – which could be a few hours or a day or so after the arrest – you may be detained by the police until your first hearing. At that point, you and your attorney should focus on getting bail.

According to S.C. Code Ann. § 17-15-10(A), someone charged with a noncapital offense may be released on their own recognizance, meaning there are little to no bail restrictions imposed, unless the judge determines that greater restrictions are necessary to ensure the defendant’s appearance in court.

The court may consider whether you pose a serious flight risk, meaning you are likely to flee if released, and whether you pose a danger to the community. For many, especially those facing non-violent offenses, being released on their own recognizance is a likely possibility.

How a Criminal Defense Lawyer Can Help You

The last bit of advice probably made it clear what you need to do next – get a lawyer. Right now, you think nobody is on your side. By hiring Smith and White, you change that. The motto of the firm is: “Compassionate Counsel. Passionate Defense.” Our belief is that no one in the courtroom is more important than our client, and nothing is more important than making sure they get the most favorable result possible.

You may be saying, “I don’t need a lawyer – I’m guilty, I should just plead out.” The law is very complicated. You may not be guilty – our defense team will make sure you’re informed of your best possible course.

You may be saying, “I don’t need a lawyer – I’m innocent and they have to prove me guilty.” Someone thinks you’re guilty, and they believe they can prove it. You need Smith and White to show the judge or jury how the prosecution has failed to prove your guilt.

When you first meet with your defense attorney, it is advisable to have written down everything you can think of about the case, anything you said to the police, any other details you think may be important, and any questions you want to ask.

Reviewing Your Criminal Charges with a Lawyer in Washington

Lastly, find out if the crime you’re accused of has any special considerations that need to be handled timely. Here are some examples. If you’ve been accused of DUI, request a hearing 20 days after your arrest – you don’t want your license suspended. If you’ve been accused of domestic violence, do not contact your accuser – you would probably be risking breaking a no-contact order. If you’ve been accused of assault, keep in mind that you’re accuser may exaggerate and also consider whether self-defense can be argued.

Just three things to remember, but they are very important.

Developing Effective Defense Strategies for a Washington Criminal Case

There may be hundreds or even thousands of different strategies we can use to fight your charges. The best defense depends on your specific circumstances, and your defense strategies should be uniquely tailored to you. Below are just a few common defense tactics you should consider discussing with your attorney.

Challenging the Evidence

In almost any criminal case, your attorney’s job is to challenge the evidence against you. How we go about this will depend on various factors surrounding the case. One strategy is to challenge evidence before a trial even begins.

If we believe evidence is illegal or inadmissible under the Washington Rules of Evidence, we can file pretrial motions to have it excluded. Excluded evidence may not be presented or even mentioned in court, and it cannot be used against you.

We might also challenge the prosecutor’s evidence if there is not enough of it to secure a conviction. If prosecutors have such little evidence that there is no way they can meet their burden of proof, we can file a motion to have the charges dismissed for a lack of evidence. However, if the case is dismissed without prejudice, the prosecutor may refile the charges if they acquire additional evidence.

Negotiate a Plea Deal

Another strategy is to work with prosecutors before the trial to reach a plea agreement. A plea agreement involves pleading guilty and forgoing a trial in exchange for a reduction in charges or a recommendation for a more lenient sentence.

This may be a good idea if the evidence against you is overwhelming, and we have a very low chance of a favorable jury verdict.

Plea deals are not guaranteed in every case. Prosecutors might not be willing to offer a favorable deal. In some cases, prosecutors refuse even to offer a plea deal and insist on taking the case to a full trial. If a deal is offered, we may negotiate for a better one.

A plea deal may be reached at almost any time before the jury renders a verdict. Your trial might have already started, and, if the prosecutor has offered a deal, we might still be able to accept it.

Affirmative Defense

An affirmative defense is a defense that, if successful, may completely negate all criminal liability. These are not easy defenses to assert, as defendants who assert an affirmative defense have the burden of proving them.

Common affirmative defenses include alibis, self-defense, or some other justification. If you have an affirmative defense, we might explain this prosecutors before the trial. In some cases, affirmative defenses are so strong that prosecutors drop the charges. In others, we might have to prove our claims in court with evidence and witnesses.

When to Call a Lawyer if You Are Charged with a Crime in Washington

It is never too early to call a lawyer for help. While many criminal defendants call an attorney after they have been arrested, you may do so long before that. In fact, calling an attorney sooner rather than later may only help you protect yourself.

You can and should call an attorney even if you have not been arrested but believe you are under criminal investigation. Perhaps the police have knocked on your door to ask you “ a few questions.” Maybe people in your community have told you that the authorities are asking about you. Even if you are unsure what is going on, call a lawyer as soon as possible.

If you have already been arrested, the police should allow you to contact an attorney fairly soon. You might have to go through the booking process first, but you are legally allowed to demand a lawyer before you answer questions from the police. Invoke this right immediately and call a lawyer.

Call Our Washington Criminal Defense Attorneys About Your Case Now

Get a free initial case assessment from our Washington criminal defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645 as soon as possible.