Arrested for A Misdemeanor in Washington State
(Cases Filed in District or Municipal Courts)
When you have been arrested for a Misdemeanor or Gross Misdemeanor in the Seattle/Tacoma area or elsewhere in the state of Washington you may face harsh penalties including significant incarceration, stiff fines and probation. You need the assistance of an experienced and aggressive criminal defense attorney. The law office of Stewart Beall MacNichols & Harmell, Inc., P.S., provides the knowledge and experience that is necessary to ensure that your rights are protected and that you are treated fairly.
The lawyers at Stewart Beall MacNichols & Harmell, Inc., P.S., have over thirty year of combined experience aggressively representing thousands of person charged with crimes including:
Assault * Domestic Violence * Malicious Mischief
Minor in Possession of Alcohol * Possession of Marijuana
Driving Under the Influence and Physical Control
Reckless Driving * Driving With License Suspended
Free Consultation - Call 1-800-547-8639
To discuss your case you can contact one of our attorneys 24 hours per day by calling us at (253) 859-8840 or 1-800-547-8639. If you are calling outside regular business hours and your call is answered by our automated phone system simply press number 2 on your telephone, this will direct you to our mailbox for new clients. Press number 3 and you will be directed to leave a message. Once your message has been left, our phone system will immediately page one of our attorneys who will return your call as soon as possible. You can also e-mail us at: attystewart@qwest.net, or fax us at: (253) 859-2213.
What is a Misdemeanor?
Misdemeanor offenses, as a general rule, fall into one of two categories: 1) "simple" misdemeanors where the maximum penalty a court can impose is 90 days in jail and a $1,000 fine and 2) "gross" misdemeanors where the maximum penalty a court can impose is 365 days in jail and a $5,000 fine. No misdemeanor can have a penalty greater than 365 days in jail and/or a $5000 fine.
Some of the crimes designated as simple misdemeanors are:
- Criminal Trespass in the Second Degree
- Driving While License Suspended in the Third Degree
- Disorderly Conduct
- Hit and Run Unattended
- Indecent Exposure (Victim over 14)
- Negligent Driving in the First Degree
- No Valid Operator's License in the First Degree
- Possession of Marijuana (first offense).
- Prostitution
- Resisting Arrest
However, most misdemeanors fall into the gross misdemeanor category. Some examples of the crimes designated as gross misdemeanors are:
- Assault in the Fourth Degree
- Assault - Domestic Violence
- Attempted Class C Felonies
- Child Neglect
- Criminal Trespass in the First Degree
- Driving Under the Influence
- Driving With License Suspended in the First and Second Degrees
- Harassment
- Hit and Run Attended
- Indecent Exposure (Victim Under 14)
- Malicious Mischief in the Third Degree
- Minor in Possession of Alcohol
- Obstructing a Law Enforcement Officer
- Physical Control
- Reckless Driving
- Reckless Endangerment
- Theft in the Third Degree
- Vehicle Prowl
- Violation of a No Contact Order, Protection Order or Anti-Harassment Order
For complete information regarding the classification of misdemeanor crimes, and to discuss your case more thoroughly, please call one of our attorneys at (253) 859-8840 or 1-800-547-8639. We can be reached 24 hours per day.
Procedure on Misdemeanor Cases, including Sentencing
Persons charged with misdemeanors in Washington generally appear in either a municipal court or a district court. Municipal courts are operated by cities, while district courts are operated by counties. Most municipalities have their own courts and judges; however, some small cities contract with the county in which they are located to provide their court facilities and judges.
Most persons charged with misdemeanors will receive a summons in the mail for their first court appearance, usually referred to as an arraignment or intake hearing. In some circumstances (most commonly when the charge is domestic violence related or a DUI), a person may be held in jail prior to arraignment and will have his or her first appearance while in custody.
Misdemeanor and gross misdemeanor offenses are serious criminal charges carrying potential jail sentences and fines. Persons facing prosecution for either a misdemeanor or gross misdemeanor should contact an aggressive criminal defense attorney as soon as possible. You can contact one of our attorneys for a free consultation 24 hours per day by calling us at (253) 859-8840 or 1-800-547-8639.
As noted above, the first appearance is called an arraignment hearing. The purpose of an arraignment is for the court to advise the defendant of the charges that he or she is facing, of the potential penalties the charges carry, and of his or her rights as a criminal defendant. The court will also ask the defendant to enter a plea of "guilty" or "not guilty" ("No contest" or "nolo contendere" pleas are not accepted in Washington courts.) In some cases, where a defendant has retained an attorney prior to arraignment, the attorney can file a waiver of the hearing and the defendant's appearance is not required.
As a general rule (unless advised otherwise by an attorney) it is best to enter a plea of not guilty at an arraignment hearing. After accepting a plea of not guilty, a judge will decide whether or not to set conditions of release. Conditions of release are requirements with which a person must comply in order to remain out of custody while the case is pending before the court. Courts nearly always order individuals to appear at all future court hearings and to have no criminal law violations as conditions of release. Other examples of conditions of release courts may impose are: abiding by a no contact order, consuming no alcohol or non-prescribed drugs, attending self-help sober support groups, and not driving unless licensed and insured. Misdemeanor courts also have the authority to require persons to post bail or bond in order to remain out of custody while the case is pending.
If a plea of not guilty is entered at arraignment, the next scheduled court hearing is a "pre-trial" hearing. The purpose of a pre-trial conference is to either negotiate a plea bargain or to schedule the case for trial. In some cases, it may be necessary to have a motion hearing prior to the trial date to address legal or evidentiary issues. If a motion hearing is not necessary and no plea bargain is entered, the court will set a readiness or jury call prior to the actual trial date. A readiness or jury call hearing is an additional opportunity for a plea bargain to be reached. If no plea bargain is reached at that time, then the trial date is confirmed. Persons charged with misdemeanor crimes have a right to a trial by jury. The jury is made up of six persons from the city or county in which the court is located.
If a person pleads guilty or is found guilty following a trial, the court will proceed to sentencing. Sentencing may occur immediately following the finding of guilty, or may be scheduled for a separate hearing. At sentencing, the court will usually hear the prosecutor's recommendations, allow defense counsel to make an argument, and then give the defendant an opportunity to make a statement. The penalty imposed by the court will vary widely depending upon many factors. Some things the court will consider when imposing sentence are the nature of the allegations, the amount of harm done to other individuals, and the prior criminal history of the criminal defendant. For some crimes, the law requires the court to impose a specific penalty, and the judge does not have the discretion to impose anything less. An example of this would be DUI/DWI where the legislature has mandated a minimum jail sentence and a minimum fine.
A sentence in misdemeanor courts may also include a period of probation. For most charges, the period of probation cannot exceed two years. For Driving Under the Influence and Physical Control, the court can require probation for up to five years. A minimum requirement of probation is law abiding behavior; however, the court may set other conditions it believes will help a person maintain law abiding behavior in the future. For example, the court may require attendance at an alcohol/drug treatment program, a batterer's treatment program or an educational course such as a defensive driving school or anger management. In some cases, probation includes meeting with a probation officer. In other cases, the court monitors compliance with the probationary period. Review hearings will be set to address any issues of non-compliance with the court's sentence. If a judge determines someone is not in compliance with the conditions of sentence, additional sanctions may be imposed.
Evidence in Misdemeanor Cases
How an individual charged with a misdemeanor will be treated by the system will generally turn upon the strengths and weaknesses of the evidence available to the prosecution. Where the prosecution's evidence is weak, there is an increased likelihood that a jury trial will result in a finding of not guilty. Because of this, where their evidence is weak prosecutor's are more open to reasonable plea negotiations.
As criminal defense attorneys, we hard work to weaken the prosecutor's evidence. One of the first things that we will do upon being retained on a case is to demand a copy of the evidence available to the prosecutor. This will include, among other things, the police report as well as witness statements. We then work with our client to analyze the report, as well as other evidence provided by both our client and the prosecution, to determine whether any legal arguments exist as to why evidence, should be excluded from any trial.
Where legal arguments are available, we file motions, often extensive, on behalf of our clients to either exclude evidence or, where appropriate, to dismiss the case. If our arguments are successful, evidence will be excluded from trial and/or the case will be dismissed. Where evidence is excluded, it weakens the prosecutions case, increasing the likelihood that the prosecution, recognizing a trial will result in a finding of not guilty, will be more open to reasonable plea negotiations.
Bail
If bail has been set on your case and you need to find a bail bonds company, please feel free to contact our office 24 hours per day and we will assist you in locating a bail bonds company that can provide you with immediate service
Free Consultation
Most people arrested for a criminal charge have no idea what to expect with their case. For this reason, we offer all such persons a free office consultation to discuss their case.
Contacting Us
You can contact one of our attorneys 24 hours per day by calling us at (253) 859-8840 or 1-800-547-8639.
If you are calling outside regular business hours and your call is answered by our automated phone system simply press number 2 on your telephone, this will direct you to our mailbox for new clients. Press number 3 and you will be directed to leave a message. Once your message has been left, our phone system will immediately page one of our attorneys who will return your call as soon as possible.
You can also e-mail us at: attystewart@qwest.net, or fax us at: (253) 859-2213.
Disclaimer:
The material included in this Web Site is not intended as legal advice. Readers should not act upon information contained in this material without professional legal counseling. This website is intended for marketing and informational purposes only.
If the reader desires a legal opinion, they should contact our office or another attorney. In order for the Stewart, Beall, MacNichols & Harnell, Inc., P.S. to represent you, a written agreement is required in which you agree to retain us as your attorneys and we agree to represent you as a client.