Criminal Penalties
All crimes in the State of Washington are defined by the maximum possible penalty a judge can impose for such a crime.
Washington State Felonies are classified into three very distinct groups – Class A, Class B and Class C. Class A is the worst charge an individual can face. The classes of Felonies have varying Criminal Penalties and their sentencing ranges are guided by the Washington State Sentencing Reform Act. In a nutshell, a class A felony carries with it a maximum penalty of life in prison and/or a fine up to a $50,000, a class B felony carries with it a maximum penalty of 10 years in prison and/or a fine up to a $20,000, and a class C felony carries with it a maximum sentence of 5 years in prison and/or a fine up to $10,000 fine.
Washington State Gross misdemeanors, including DUI/DWI, have a maximum penalty of one year in jail and a fine of $5,000.00.
Washington State Misdemeanors, including Possession of Marijuana and/or Drug Paraphernalia, have a maximum penalty of 90 days in jail and a fine of $1,000.00.
Some crimes in Washington State have mandatory minimum Criminal Penalties which prohibit judges from sentencing someone to less than a predetermined penalty if that person is convicted of a specific offense. These mandatory minimum Criminal Penalties are specifically laid out by the Washington State legislature and are based on certain pre-determined factors. For example, when evaluating what someone’s sentence will be if convicted for DUI, judges, prosecutors and defense counsel must consider: the number of prior DUI offenses (or the like) in the last seven to ten years, whether or not the individual took the breath/ blood test, and if he/she did take a breath/ blood test, what the test results indicated on the breath/ blood test ticket.
District and Municipal Court Procedures – INITIATION OF A CRIMINAL CASE
Washington State District and Municipal Courts handle both Gross Misdemeanors and Misdemeanors, not Felonies. Gross Misdemeanor and Misdemeanor cases are initiated in one of three ways: (1) the prosecuting attorney files a “Complaint,” and a “Summons” is mailed to the defendant to appear in court; (2) law enforcement files a “Citation” and gives the suspect a “Notice to Appear” in court; and (3) in very rare circumstances, an ordinary citizen initiates criminal charges against another citizen.
ARRAIGNMENT:
An “Arraignment" is the first formal step in any criminal court proceeding and is where the accused is: (1) called to court; (2) his identity established; (3) he is informed of the charges being brought against him; and (4) he is called upon to enter his plea of not guilty/ guilty to the charge before him. Although not absolutely necessary, it is wise to have a qualified criminal defense attorney at this stage of the proceedings. A Gross Misdemeanor/ Misdemeanor defendant is required to be arraigned not later than 15 days after the complaint has been formally filed.
SPEEDY TRIAL RIGHTS:
By constitutional mandate, every person accused of a crime is entitled to be brought to trial in an expeditious manner. If an accused is in custody, he must be brought to trial within sixty (60) days from the date of Arraignment. If an accused is out of custody, he must be brought to trial within ninety (90) days from the date of Arraignment.
PRE-TRIAL/ READINESS HEARING(S):
Depending on the jurisdiction of the court, either a Pre-Trial Hearing or a Readiness Hearing will be set at the Arraignment. Pre-Trial Hearings are set to determine the status of the case, and to encourage the parties to work towards a resolution short of having an actual litigated trial. There may be one or more of these types of proceedings; it is not uncommon to have several Pre-Trial Hearings. Readiness Hearings are set to inform the court whether the parties are ready to proceed to trial, jury or judge alone. Usually the trial occurs a week or two after the applicable Readiness Hearing.
MOTIONS:
Motion Hearings are set when the parties desire to litigate legal issues that may, or may not, result in suppression of evidence and/or dismissal of a charge. These are legal issues that are raised before, and resolved by, the judge who is presiding over the case.
JURY/ BENCH TRIAL:
Jury Trials consist of: (1) jury selection (commonly known as, “Voir Dire”); (2) opening statements; (3) examination of witnesses; (4) jury instructions; (5) closing arguments; (6) verdict; and, if necessary (7) sentencing. Bench trials generally consist of: (1) examination of witnesses; (2) closing arguments; (3) verdict; and if necessary, (4) sentencing.
APPEAL:
If the result of the case is unfavorable for the defendant, and there were procedural errors in the processing of the case, a defendant may want to appeal the verdict. A defendant generally has thirty (30) days to appeal a guilty verdict, unless he was not properly notified of his appeal rights. If a defendant is not properly notified of his appellate rights, he generally has three hundred sixty five (365) days to appeal the guilty verdict.
Superior Court Criminal Procedures – FELONIES
Superior Courts in Washington State handle Felonies, not Gross Misdemeanors or Misdemeanors. There are three classes of felonies in Washington State, Class “A”, Class “B”, and Class “C”. Class “A” is the most offensive type of felony, Class “C” is the least offensive type of felony.
PRELIMINARY APPEARANCE FOR DETERMINATION OF PROBABLE CAUSE:
The primary purpose of the “First Appearance” and/or “Preliminary Hearing" is to determine whether there is probable cause to believe the defendant committed a criminal offense. If the defendant is being held for investigation and has not been formally charged with a crime, the First Appearance before a judge must be conducted with forty-eight (48) hours of the subject’s arrest, inclusive of weekends and/or holidays. Interestingly, the appearance is usually conducted on a District Court Preliminary Appearance Calendar; in King County the calendar begins each weekday at 2:30 PM (1:00 PM on Saturdays) at the King County Jail.
DETERMINATION OF FILING:
If a defendant is held in custody and/or is subject to “Conditions of Release", the court must set a time for a “Second Appearance” in District Court within seventy-two (72) hours of the subject’s arrest. In the event no formal charges are filed at the Second Appearance, the defendant must be unconditionally released. If charges are filed, the defendant will receive notice of his next court appearance and the Second Appearance will be stricken.
ARRAIGNMENT:
An “Arraignment” is the first formal step in any criminal court proceeding and is where the accused is: (1) called to court; (2) his identity established; (3) he is informed of the charges being brought against him; and (4) he is called upon to enter his plea of not guilty/ guilty to the charge before him. Although not absolutely necessary, it is wise to have a qualified criminal defense attorney at this stage of the proceedings. A defendant, who is in custody, or subject to conditions of release following a Preliminary Appearance, must be arraigned in Superior Court with fourteen (14) days of the time that the indictment or information is filed.
SPEEDY TRIAL RIGHTS:
By constitutional mandate, every person accused of a crime is entitled to be brought to trial in an expeditious manner. If an accused is in custody, he must be brought to trial within sixty (60) days from the date of Arraignment, unless a Time for Trial Waiver is signed by the defendant. If an accused is out of custody, he must be brought to trial within ninety (90) days from the date of Arraignment, unless a Time for Trial Waiver is signed by the defendant.
CASE SCHEDULING HEARING:
In King County Superior Court, the Case Scheduling Hearing is set at the Arraignment, generally fourteen days after the Arraignment occurs. The Case Scheduling Hearing is set to determine the status of a case: (1) if negotiations with the prosecuting attorney have been successful, a plea may be entered and a sentencing date scheduled; (2) if more time is needed for investigation or negotiations, the case may be continued; (3) if negotiations are unsuccessful, an Omnibus Hearing and Trial will be scheduled at the Case Setting Hearing.
OMNIBUS HEARING:
The purpose of an Omnibus Hearing is to: (1) review compliance with all pre-trial discovery; (2) determine the existence of any pre-trial motions, and either rule on those issues or schedule them for Pre-Trial Hearings, and (3) resolve as many other pre-trial matters as logistically possible before trial.
JURY/ BENCH TRIAL:
Jury trials consist of: (1) jury selection (commonly known as, “Voir Dire”); (2) opening statements; (3) examination of witnesses; (4) jury instructions; (5) closing arguments; and (6) verdict. Bench trials generally consist of: (1) examination of witnesses; (2) closing arguments; and (3) verdict.
SENTENCING HEARING (if necessary):
Felony sentencing is governed by specific Washington State sentencing guidelines.
APPEAL:
If the result of the case is unfavorable for the defendant, and there were procedural errors in the processing of the case, a defendant may want to appeal the verdict. A defendant generally has thirty (30) days to appeal a guilty verdict, unless he was not properly notified of his appellate rights, in that event the time can be much longer.