Graham, WA Criminal Defense Lawyer
As criminal defense lawyers, our attorneys help defend your rights. When you are accused of a crime, interrogated by police, or arrested on suspicion of a crime, you deserve adequate representation. No matter what they say you have done, you are entitled to your defense.
We can meet with you, discuss your charges, and make a plan for your defense. If you want to fight the case at trial, we can always take that route, though there may be other chances for plea agreements or diversionary programs, especially for first-time or low-level offenders.
To have our criminal defense attorneys review your case, call the Law Offices of Smith & White at (253) 203-1645.
What Are My Rights in a Criminal Case in Graham, WA?
Understanding your rights means more than just being read your Miranda rights during an interrogation. Our lawyers can work to protect your rights as you go through the criminal justice system.
Rights Against Unreasonable Search and Seizure
The police cannot stop you without reasonable suspicion. They cannot search you or your possessions, nor arrest you, without probable cause. In most cases, they also need a warrant. If they skip these steps, the case against you should be thrown out.
Right to Remain Silent and Right to an Attorney
You do not have to answer police questions – and you certainly do not have to do so alone. You can tell the officers you do not want to answer questions and that you want your lawyer present, and they must stop asking questions.
You also have the right to a lawyer during court proceedings.
Right to a Trial
Not every criminal trial has a jury of 12, but you always have the right to take your case to trial. At trial, the government has to prove each element of the allegations against you beyond a reasonable doubt.
Right to Due Process
Criminal cases do not go from arrest to trial to sentencing without important steps in between. These procedures are the “due process” that helps protect your rights.
The state must provide proof of probable cause before they can move forward with a case against you, and you must have an opportunity to challenge detention through a bail hearing, to have the charges against you read in an arraignment, and more.
Right to Discovery
The prosecution cannot keep you in the dark. They must turn over the evidence they plan to use against you so that your criminal defense lawyers can review it, challenge it, get witnesses of our own, and put on a strong defense. Any evidence that could prove your innocence (exculpatory evidence) must also be turned over.
What Defense Options Do I Have?
When you face criminal charges, your case starts with the ability to plead guilty or not guilty. If you plead guilty, the case is over; if you plead not guilty, we can continue with your defense.
Plea Agreements
Sometimes the police or prosecution will offer an agreement, where you can plead guilty and end the case quickly in exchange for a lighter sentence, reduced charges, etc. Sometimes this comes with an agreement to testify in other cases.
Our lawyers must review any plea offers we receive with you so that you can make an informed choice about what to do. Keep in mind that the prosecution cannot promise sentences; sentencing is always up to the judge. The prosecution can only recommend a sentence.
Diversionary Programs
Sometimes there are options to perform community service, attend drug/alcohol/anger management classes, and get your charges dropped. These are not always available and may depend on the specific charges, your criminal history, the DA’s office’s policies, and other factors.
Trial
At trial, we can force the government to prove its case. We can cross-examine witnesses, provide our own evidence, and challenge the charges against you. We do not have to prove anything; it is up to the government to prove the case beyond a reasonable doubt.
FAQs for Criminal Charges in Graham, WA
Do I Have the Right to a Lawyer?
Yes. You have the right to have a lawyer represent you during questioning and during your case, but you do not always have the right to a free attorney. If you can afford your own lawyer, a public defender might not be available to you.
What Kinds of Charges Do You Handle?
Our law firm handles all kinds of criminal cases:
- Murder, manslaughter, and other homicide cases
- Rape, sexual assault, and other sex crimes
- Assault, aggravated assault, and domestic violence
- Burglary and trespassing
- Robbery
- Theft, shoplifting, etc.
- Drug possession and trafficking
- Drunk driving
Can I Get Probation Instead of Jail Time?
Whether probation is available as a potential punishment will depend on your specific charges, your criminal history, the facts of the case, and the prosecution’s goals. The potential punishments you could face need to be analyzed on a case-by-case basis.
If probation is available, you may be able to avoid time in jail.
Can I Appeal My Conviction?
Criminal appeals come in two types:
- Direct appeals challenge mistakes in the case that violated your rights or could have changed the outcome of the case.
- Collateral appeals/post-conviction relief petitions challenge factual mistakes and constitutional violations that call into question the fundamental fairness of your case.
Our lawyers can help with both kinds of appeals.
What is a Misdemeanor vs. a Felony?
Misdemeanors are lower-level criminal charges, while felonies are higher-level charges. The traditional distinction is that misdemeanors are punished by under a year in jail and felonies are punished by a year or more in prison.
Do I Need a Lawyer?
You should never try to represent yourself in a criminal case. There are many ways the government can take advantage of you without a lawyer. Even in a police interview, there are things you might say that you do not realize could open you to criminal liability or push the police to investigate you further.
Always demand a lawyer.
Call Our Criminal Defense Lawyers in Graham, WA Today.
Call (253) 203-1645 to discuss your criminal charges with the criminal defense lawyers at Smith & White.