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Misdemeanor criminal charges are generally initiated in one of two ways. The prosecutor may file a formal complaint with the court or a law enforcement officer may serve a citation and notice to appear directly on the defendant.
There are two categories of misdemeanors in Washington state: gross misdemeanors (punishable by up to one year in jail and/or a $5,000 fine) and misdemeanors (punishable by up to 90 days in jail and/or a $1,000 fine).
» Learn more about Blair & Kim misdemeanor representation
Arraignment
Your first court appearance is usually an arraignment. At your arraignment the judge will usually advise you of the maximum penalty, minimum penalties and your trial rights. You will be asked your name and asked to enter a plea of “guilty” or “not guilty.” You will also be asked to decide between a “bench” or “judge” trial, or a “jury trial.” You should enter a plea of “not guilty” and ask for a jury trial in order to preserve all of your rights until you have had an opportunity to retain an attorney.
In some instances, we can waive your arraignment and enter your not guilty plea administratively. We do this to avoid an additional court appearance for our clients especially, if they are working or have children at home. We can do this on most cases that are not domestic violence or DUI.
At the arraignment the judge will decide whether you will be released on your personal recognizance or whether bail will be set. The judge will also decide whether any conditions should be imposed while your case is pending.
The conditions that could be imposed will depend on your individual case. The conditions can include not driving after having consumed any alcohol, not consuming alcohol or non-prescribed medications, not drive unless you are properly licensed and insured, AA meetings, or installation of an interlock device. On domestic violence cases, the court can order a “no contact order.” This would prohibit the accused from having any contact with the alleged victim in the case. Not all of these conditions will be imposed on every case. The conditions that will be imposed on you case will depend on the facts and circumstances of your case.
The judge or the court staff will then give you your next court date. Your next court date is typically called a pretrial hearing.
Pretrial / Readiness Hearing
Your pretrial hearing is scheduled at the time of your arraignment. By this time, your attorney has thoroughly reviewed the “discovery” or police reports in your case. The purpose of the pretrial hearing is to give the prosecutor and your attorney an opportunity to discuss the case and make sure that the prosecutor has provided all of the necessary information. Plea bargains can be discussed at this time as well.
Very often, your pretrial hearing will be continued to another date. There can be many reasons to continue your pretrial hearing. Typically, an attorney will continue a pretrial hearing to obtain additional information such as missing police reports, medical evidence, police video tapes, interview witnesses, obtain alcohol evaluations, and complete the defense investigation or to continue negotiations.
If a continuance is not needed in your case and there is no plea bargain is reached in your case, the next hearing is your motions hearing.
Motions Hearing
A motions hearing is a hearing in front of the judge with the prosecutor present where your attorney can legally challenge the prosecutor’s evidence in your case by bringing a motion. There are many different motions that an attorney can make and what motions are brought will depend on the facts and circumstances of your individual situation. These motions can include but are not limited to challenges to the stop of your car, any statements that you may have made or 911 calls. The purpose of the motion is to exclude various pieces of evidence the prosecutor will use to try and convict you of the offense.
If your attorney is successful in litigating these motions and evidence is suppressed or excluded, it can result in dismissal of the charges or a more favorable plea bargain offer. If the charges are not dismissed or no acceptable plea bargain has been reached, your case will usually be scheduled for trial. Just before your trial date, the court will typically schedule a “readiness” hearing.
Readiness / Jury Call Hearing
A readiness hearing is a hearing in front of the judge with the prosecutor present where the parties decide if the case is going to trial, continued or some plea bargain reached. Often times, the readiness will be continued if the prosecutor or the defense is not ready due to one or more witnesses being unavailable, ongoing negotiations, additional information or additional investigation that is needed. If all of the parties are ready for trial, the judge will typically assign a date and time for the trial.
Trial
A misdemeanor trial can last anywhere from 1 to 4 days, depending on the number of witnesses and the complexity of the case. Additional motions may sometimes be brought at this time depending on the facts of your case.
The first step is selecting a jury called voir dire. Both the prosecutor and your attorney can questions prospective jurors to ensure that they can be fair and impartial to both sides. Both the prosecutor and the defense can excuse jurors that cannot be fair and impartial.
After the jury is selected, the prosecutor gives their opening statement. This is a summary of what anticipated evidence. Your attorney can also give an opening statement at this time or wait until the defense case begins.
The prosecutor presents their case by calling witnesses. The defense is allowed to ask questions of the witnesses through a process called “cross examination.” After the prosecution has presented all of their evidence they conclude their case by “resting.” The defense can then being to present their evidence if they so choose. The defense is not required to present any evidence and can simply rely on the lack of proof or inadequacy of the prosecutor’s case.
After all of the evidence is presented, the judge instructs the jury on the law of the case. The prosecutor and the defense present their closing arguments and the jury then commences deliberation, or a discussion of the law and the evidence. Deliberation can last a few minutes to days, depending on the jury. The jury can vote to acquit, convict or be deadlocked (unable to reach a unanimous verdict).
If you are acquitted, you are discharged from any further obligation to the court. If you are convicted, the next step will be sentencing which can take place after the trial or on a different date. If the jury is deadlocked, the prosecutor could dismiss the case, retry the case or offer a more favorable plea bargain.
Sentencing
Sentencing is a hearing at which time the judge imposes your penalty. This will depend on the facts and circumstances of your case but in certain circumstances (for instance, DUI) there are mandatory minimum sentences that must be imposed.
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