How Do Criminal Jury Trials Work in Washington State?

If you face criminal charges in Washington, you may wonder what happens if your case goes to trial. Who chooses the jury? Will you have to testify? What happens if jurors cannot agree on a verdict?

A criminal jury trial follows a series of steps, from selecting jurors to presenting evidence and reaching a verdict. The prosecution must prove every element of the charge beyond a reasonable doubt. Your attorney can question witnesses, challenge evidence, and present a defense.

Understanding the process can help you prepare for trial in Tacoma, Pierce County, or another Washington court.

Your Right to a Criminal Jury Trial in Washington

The Washington Constitution protects the right to a jury trial in criminal cases. The number of jurors generally depends on the court and the charges.

Under CrR 6.1, Superior Court criminal juries normally consist of 12 people. These courts handle felony cases, including serious assault, robbery, and murder.

District and municipal courts handle most misdemeanor and gross misdemeanor charges, including many DUI and domestic violence cases. Under CrRLJ 6.1.1, criminal juries in these courts generally have six members.

The rules allow exceptions to jury size in limited circumstances. However, criminal jury verdicts must be unanimous.

Defendants may also choose to waive their right to a jury and request a bench trial. In that situation, the judge decides whether the prosecution proved the charges.

Washington generally requires a written jury waiver and the court’s consent. In district and municipal courts, prosecutors may also demand a jury trial when the law authorizes them to do so.

What Happens Before a Criminal Jury Trial?

Attorneys spend considerable time preparing before a jury hears the case.

During discovery, prosecutors must disclose evidence under Washington’s criminal court rules. This may include police reports, witness statements, recordings, photographs, and forensic test results.

Washington amended its criminal discovery rules on September 1, 2026. These changes require defense attorneys to redact certain sensitive information when providing discovery copies to defendants. Defendants can still review the evidence with their attorneys.

The defense may also investigate the allegations, interview witnesses, consult experts, and obtain additional records.

Before trial, attorneys can file motions to challenge evidence or resolve legal questions. Plea negotiations may also continue, although the defendant ultimately decides whether to accept an offer.

Washington has time-for-trial rules, but continuances, excluded periods, and other exceptions can affect when the trial begins.

For a broader explanation of these earlier stages, see our guide to how criminal cases work in Washington.

How Does Jury Selection Work?

Jury selection, also called voir dire, takes place before opening statements.

The court summons prospective jurors, and the judge and attorneys examine whether they can fairly evaluate the case.

Questions may address personal experiences, relationships, opinions, or other circumstances that could affect a person’s impartiality.

For example, someone who has experienced domestic violence might have strong feelings about an assault charge. That experience does not automatically disqualify the person, but it may lead to additional questions.

Both sides can ask the judge to excuse a prospective juror for cause. They must identify a legally sufficient reason, such as an inability to remain impartial.

Attorneys also receive a limited number of peremptory challenges. These generally allow them to excuse prospective jurors without establishing the same cause required for other challenges.

However, Washington places important restrictions on their use.

Under General Rule 37, the court must reject a peremptory challenge when an objective observer could view race or ethnicity as a factor in the decision. The rule addresses both intentional discrimination and implicit bias.

Once jury selection ends, the court seats and swears in the jurors. The trial can then begin.

What Happens During Opening Statements?

Opening statements give jurors an overview of the evidence they can expect to hear.

The prosecutor ordinarily speaks first, outlining the charges and the evidence the state intends to present.

The defense may deliver its opening statement immediately afterward or reserve it until the prosecution finishes presenting its evidence.

Opening statements are not evidence. Attorneys use them to introduce the disputed issues and explain what they expect the testimony and exhibits to show.

For example, a defense attorney might outline problems with witness identification or explain why accounts of an incident conflict.

The defense does not have to prove innocence. The prosecution carries the burden of proving guilt beyond a reasonable doubt.

How Do Attorneys Present Evidence and Question Witnesses?

The prosecution presents its case first.

Prosecutors may call police officers, eyewitnesses, forensic specialists, and other people with relevant information. They can also introduce photographs, recordings, documents, and physical evidence.

After the prosecutor questions a witness, the defense attorney generally has an opportunity to cross-examine that person.

Cross-examination allows the defense to test the witness’s account. An attorney may examine inconsistencies, faulty memory, possible bias, or differences between testimony and earlier statements.

For example, someone might describe an incident differently from what they originally told police. The defense can question that discrepancy and explain its significance.

Once the prosecution rests, the defense may ask the judge to dismiss charges if the evidence is legally insufficient.

If the case continues, the defense can call witnesses and introduce evidence when appropriate. The prosecution may then offer rebuttal evidence under the applicable rules.

However, the defense does not have to present witnesses or exhibits. Sometimes an attorney relies on weaknesses in the prosecution’s evidence rather than presenting a separate case.

Do Criminal Defendants Have to Testify?

No. Criminal defendants have a constitutional right not to testify.

Under RCW 10.52.040, prosecutors cannot compel defendants to testify against themselves. Jurors cannot treat a defendant’s decision to remain silent as evidence of guilt.

Some defendants choose to testify because their accounts may help explain disputed events or support a defense.

However, taking the stand also allows the prosecutor to cross-examine them under the applicable rules.

Your attorney can explain the advantages and risks of testifying. Ultimately, you decide whether to take the stand.

What Happens When Attorneys Object During Trial?

Attorneys may object when they believe a question, statement, or piece of evidence violates a legal rule.

Common objections involve hearsay, irrelevant evidence, improper questioning, or testimony that creates unfair prejudice.

The judge decides whether to sustain or overrule the objection.

If the judge sustains it, the attorney generally must stop the disputed question or change how they present the evidence. If the judge overrules it, the questioning or evidence may proceed.

Sometimes the judge asks both attorneys to approach the bench for a sidebar.

A sidebar allows the attorneys to discuss a legal issue outside the jury’s hearing. The court must also preserve an adequate record of matters necessary for later review.

Objections may become important during an appeal. However, attorneys generally must object at the proper time and explain the relevant legal grounds to preserve an issue.

What Happens During Closing Arguments?

After both sides finish presenting evidence, the judge instructs the jury on the law.

Under CrR 6.15 and CrRLJ 6.15, judges give these instructions before closing arguments.

The instructions explain the elements of the charges, the burden of proof, and any applicable defenses.

Attorneys may request particular instructions or object if they believe an instruction misstates the law.

After the judge instructs the jury, the prosecutor delivers the first closing argument.

The defense then addresses weaknesses in the state’s case and explains why reasonable doubt remains. The prosecutor generally has an opportunity for rebuttal.

Unlike opening statements, closing arguments allow attorneys to discuss the evidence the jury actually heard.

Attorneys cannot introduce new evidence during closing arguments.

How Do Jury Deliberations and Verdicts Work?

After closing arguments, jurors meet privately to evaluate the evidence and reach a verdict.

They must follow the judge’s instructions and decide whether the prosecution proved the charges beyond a reasonable doubt.

Deliberations may take hours or days, depending on the complexity of the case.

Under CrR 6.16 and CrRLJ 6.16, every juror must agree before the jury can return a guilty or not-guilty verdict.

If the prosecution charges multiple offenses, jurors consider each count separately. They might convict on one charge and acquit on another.

The judge may also instruct jurors on lesser-included offenses when the law and evidence support those instructions.

If jurors cannot reach a unanimous verdict after sufficient deliberations, the judge may declare a mistrial.

A mistrial caused by a deadlocked jury does not automatically dismiss the charges. Prosecutors may seek another trial, negotiate a resolution, or dismiss the case.

The next step depends on the circumstances. A new trial does not automatically follow every mistrial.

What Happens After a Criminal Jury Trial?

The verdict determines what happens next.

If the jury finds the defendant not guilty, the court enters an acquittal. Prosecutors generally cannot retry the defendant for the same offense after an acquittal.

A guilty verdict generally leads to sentencing, although the court may first address posttrial motions.

In most criminal cases, the judge determines the sentence. Some sentencing issues require additional findings from the jury.

Felony sentencing generally follows Washington’s Sentencing Reform Act, including applicable sentencing ranges and enhancements.

Misdemeanor and gross misdemeanor cases follow different sentencing laws. Penalties depend on the charge, the defendant’s history, and other legally relevant circumstances.

The defense may present mitigating information and challenge sentencing issues when appropriate.

Defendants also generally have the right to appeal their convictions.

An appeal usually focuses on alleged legal errors, such as improper admission of evidence, incorrect jury instructions, or constitutional violations. Appellate courts generally review the existing trial record rather than conduct a new trial.

Under RAP 5.2, defendants appealing Superior Court judgments generally must file a notice of appeal within 30 days of the applicable decision. Certain timely posttrial motions and other exceptions can affect that deadline.

Appeals from district and municipal courts follow separate procedures. RALJ 2.5 also generally provides a 30-day filing period.

Anyone considering an appeal should speak with an attorney promptly because missing a deadline can limit the available options.

Preparing for a Criminal Jury Trial in Tacoma or Pierce County

Criminal trials require careful preparation, whether someone faces a misdemeanor DUI or a serious felony.

Pierce County Superior Court generally handles felony trials. Pierce County District Court and municipal courts handle many misdemeanor and gross misdemeanor cases.

Local rules can affect scheduling and courtroom appearances. For example, Pierce County District Court requires defendants to appear physically at criminal jury trial readiness hearings.

Your attorney should review the evidence with you, explain courtroom procedures, and help you prepare for decisions such as whether to testify.

At the Law Offices of Smith & White, we represent people facing criminal charges throughout Tacoma and Pierce County. Our attorneys investigate allegations, challenge the prosecution’s evidence, and prepare cases for trial when necessary.

Our Tacoma criminal defense attorneys can help you understand the process and evaluate your legal options.

The first consultation is free. We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.