In Washington, there are procedures available pursuant to statutes that give you the right to “expunge” or “vacate” a conviction. How that affects your particular charge will be dependent on the charge and what type of relief you are working for. A very common use of these statutes in Washington is to restore gun rights after a felony conviction.

Sentencing for felonies in Washington State is very complex. To understand how you may be sentenced for your particular charge, you will need to consult with an attorney. Misdemeanor sentencing is simple and straightforward and will depend a lot on your past criminal history and the severity of the offense. Some charges, such as DUI, carry mandatory jail for first time offenses.

A crime in Washington can either be a misdemeanor or felony. Traffic offenses like speeding or stop sign violations are called “infractions” and are not considered criminal offenses. Misdemeanors are either simple or gross. The maximum penalty for a simple misdemeanor is 90 days in jail and a $1,000 fine and the maximum penalty for a gross misdemeanor is one year in jail and a $5,000 fine. Felonies are classified as Class A, Class B and Class C. Class C felonies are the lesser. A felony penalty depends on the type of crime, with the maximum sentence for a Class A felony is life imprisonment. Felonies in Washington carry much broader effects on your rights. With a felony conviction you will lose your right to vote, to own or possess a firearm, to be on a jury, and to hold public office. On top of that, you will likely be excluded from many job opportunities on this basis alone.

Trial in criminal cases can be very complicated and take a lot of preparation time. Criminal trials are normally, though not always, done in front of a jury. In a criminal trial, the burden is on the state to present its case beyond a reasonable doubt. This means that you as the defendant do not have to present your case, and you don’t have to testify if you choose not to. Of course, you are free to present a defense and free to testify if you choose. What is the best approach to a criminal trial is something you must consult with your attorney. Ultimately, how you wish to proceed is your choice. After the state and you have rested your case, it will be up to the jury to decide your guilt or innocence.

No attorney can give you a definite answer on how long your case will take. Many factors go into how long the case will take: the severity of the charge, the facts involved in the case, the court’s stance on your type of offense, and even your eagerness to get the case resolved. While individuals often prefer to be done with the court process as soon as possible, there is often value in prolonging the process to explore legal issues and negotiate a better resolution. So, the length of time will depend.

After your arrest and criminal charge, you will have a first appearance. This is a hearing where you are informed of the charges filed against you, and given a written copy of the charging document. The judge will advise you regarding the charges against you and discuss any pre-trial release conditions. Depending on the charge, if you have hired a lawyer your arrangement may be waived. If you are not represented by a lawyer at the arraignment, you want to make sure you plead “not guilty”. After the arraignment, the next appearance is usually a pre-trial conference. These hearings allow the parties to discuss the case and determine if a resolution can be reached regarding the charges. If no resolution can be reached during pre-trial hearings, your case will proceed towards trial.

Normally the paperwork on your criminal citation will state a court date and time. If you haven’t been given a court date, that means you will likely need to schedule your court date with the clerk. If there are questions about whether you have been formally charged or will have a court date, a lawyer will be able to assist you.

If you are arrested, you should be cooperative and not resist. The last thing you need is a resisting arrest charge. You also want to make sure that you do not provide an officer with more evidence against you. You have a right to remain silent, and you should use that right. Next, as soon as you have the opportunity to make a phone call, request a call to your lawyer. If you don’t have an attorney, ask the police officer to let you speak to a public defender (they are usually on duty at all hours). If you are booked into jail, either someone will need to pay cash for your bail, or you need to make arrangements to get bailed out by calling a bail bondsman. Normally a bondsman will charge you a non-refundable 10% fee of the bail amount.

Generally, an officer needs a warrant to conduct a search of you or your property. There are many exceptions to this requirement, one of which is consent from you to do so. If an officer is requesting your consent to search, that means he or she may very well not have another legal exception to search. The only reason an officer will ask to search your house, your car, or even you, is to look for evidence to use against you. You don’t need to make the officer’s job any easier, and are certainly justified in withholding consent for the search. You have the right to be free from unreasonable search and seizure and should exercise that right. If an officer has probable cause to search you, there is nothing you can do to prevent the search. If the officer doesn’t have probable cause, you don’t need to make his or her job any easier.