Criminal Law Frequently Asked Questions

The criminal process can be complex and confusing which is why it is very important to know your legal rights and have an experienced attorney represent your legal interests. Chung, Malhas & Mantel, PLLC’s attorneys are dedicated to providing their clients with zealous representation and advocating both their state and federal constitutional rights. Whether you are charged with a criminal felony or a misdemeanor, our attorneys are eager to explore the facts of your case and prepare a legal strategy that best serves your needs.

The attorneys and staff at Chung, Malhas & Mantel, PLLC, recognize that undergoing arrest and facing criminal charges entails considerable fear and anxiety as well as sometimes broad financial and emotional repercussions.  Therefore, we seek to mitigate such anxieties by assuring our clients of their right to legal representation, providing eminent availability and tireless, effective representation.

Below is an overview of the criminal law process in the State of Washington. The applicable law to your case may vary and the content that is provided below is merely for informative purposes and not to be relied upon as legal advice. If you have questions or concerns regarding your case, you are advised to contact Chung, Malhas & Mantel, PLLC’s office to set up an appointment so we may address the legal issues of your case.

Were You Arrested?

Were you arrested for a crime? The term arrest may have varying definition within the law and have a significant impact on your constitutional rights. If you are detained, handcuffed, or if the police drew guns on you, or stated words to the effect that would lead you to believe that you were not free to go, then it is likely that under the law you would be considered to be arrested. Before an arrest can be made, a police officer must have probable cause to arrest you.

That being said, not every stop or detention by a police officer means you are under arrest. If stopped only for a short time and questioned, then you may have been “detained,” rather than legally arrested.  An police officer need not have probable cause to detain and question you, rather they must have a reasonable suspicion that a crime has occurred, and they can investigate to confirm or dispel this suspicion.
A warrant generally is not required to make an arrest if there is probable cause to believe the person arrested has committed a felony. Also, a warrant may not be required when a misdemeanor was committed in the presence of the arresting officer, or in many misdemeanors cases, outside his or her presence. If you are stopped by the police, you may inquire as to why you were stopped and whether you are free to leave.

You may also ask whether you are under investigation for a particular crime. If the officer suggests you are under investigation, then you have the right to decline to answer any questions. Also, you do not have to be under arrest to decline to answer questions from an officer. Ordinarily, you may be required to identify yourself. If you wish, you may answer the officer’s questions.

You should remember that whatever you say to the officer may be used if charges are filed against you at a later time (whether or not you give a formal “statement”), so long as:

  1. You were merely under investigation, and were not arrested or in custody at the time you made the statement.
  2. If you were under arrest, and you were properly advised of your constitutional rights and waived them before making a statement; or
  3. You voluntarily tell the officer anything. If you are arrested, a police officer must advise you of your right to remain silent and your right to an attorney.  These rights, or “Miranda warnings” as they are sometimes called, are the result of a 1966 Supreme Court ruling. As a result of this case, police must inform people accused of a crime of certain rights, which are:
  • You have the right to remain silent. Anything you say or sign can be used against you in court.
  • You have a right to an attorney of your own choosing. Your lawyer may be present before and during any questioning and the making or signing of any statement.
  • If you cannot afford an attorney, one will be appointed for you by the court, without cost to you. You have the right to have this attorney present before and during questioning and the making or signing of any statement.

By law, if formally arrested, you may be required to be photographed and fingerprinted after your arrest. If issued a citation (for misdemeanors and infractions), it is lawful to ask you to sign the citation. By signing, you acknowledge its receipt and promise to appear at a future court date. Signing a citation is not in any way an admission of guilt. However, refusal to sign a citation may result in the officer lawfully arresting you and charging you with an additional misdemeanor for refusal to sign the citation.

Even though you are presumed innocent until proven guilty, and you may have done nothing wrong, it is your duty as a citizen to act in a responsible manner. Trying to run away or resist arrest is not only unlawful, but also foolish. It may well result in additional charges, such as causing a minor matter to become a felony.
Many police searches require search warrants — but not all do. If you consent or allow the police to search you or your property, they do not need a warrant and any evidence they find may be used against you. You have a lawful right to refuse to consent to a search. You should make your refusal clear, but do not interfere physically if police continue to search without your permission.

Did the Police Conduct a Search?

There are several instances when police officers do not need a warrant or your consent to search. One example is if you are detained or arrested. Police may frisk you to determine whether you are carrying a weapon. Also, they may search the area immediately around you.

Police officers also may search without a warrant if they have probable cause to believe evidence may be found and when certain “exigent” circumstances exist, such as when valuable evidence would otherwise be destroyed before a warrant could be obtained. A police officer may search you or your property upon obtaining a warrant from the court. If conducting a search with a warrant, the police must leave a copy of the warrant and a list (or inventory) of the items seized.

What Have You Been Charged With?

What have you been charged with, a felony or a misdemeanor? If you have been charged with a felony, it is important to note that a felony is a crime for which the sentence may be more than one year in prison. Washington State has three classes of felonies: Class A (maximum penalty of life in prison and $50,000 fine), Class B (maximum penalty 10 years in prison and $20,000 fine) and Class C (maximum penalty 5 years in prison and $10,000 fine).

If you have been charged with a misdemeanor, Washington State categorizes misdemeanors into two categories: gross misdemeanors (punishable by up to one year in jail and/or a $5,000 fine) and simple misdemeanors (punishable by up to 90 days in jail and/or a $1,000 fine).

Chung, Malhas & Mantel, PLLC represents clients in both felonies and misdemeanors, including but not limited to:

●   Felony Assault             ●   DUI/Reckless Driving       ●   Domestic Violence Charges

●   Residential burglary    ●   Robbery                             ●   Auto theft

●   Embezzlement             ●   Fraud and identity theft   ●   Felony DUI

It is important to note that if you are convicted of any of the crimes listed above, the law may require mandatory minimum sentences, and penalties may be increased if the crime occurred while armed with a firearm or deadly weapon. Washington’s Sentencing Reform Act governs punishments for felonies in this state. Except for special circumstances, the court must sentence the offender within a particular range set by the Washington State Legislature.

For a felony charge, first offenders may be eligible for special sentencing consideration for nonviolent crimes. If the court grants probation as a part of the court’s sentence, a person must be placed on community supervision for between 12 and 24 months. For gross and simple misdemeanors, first offenders may be eligible for a disposition that does not result in a criminal conviction.

What Happens Next?

Ok, you have been arrested and charged with a crime, what happens next? Our attorneys understand that, for those not familiar with criminal procedure in the state of Washington, the criminal process can be intimidating. The attorneys at Chung, Malhas & Mantel, PLLC, aim to remove the confusion and frustration surrounding legal processes so as to render our clients with a valuable understanding of the criminal process. The next stage in your case depend in part what court you are in and what you have been charged. Below is a general guide to understanding criminal procedure in Washington.

I. Preliminary Appearance for Determination of Probable Cause

This appearance is a preliminary hearing with the singular purpose of determining whether probable cause exists to believe that you committed a crime.  You must make your first appearance within 48 hours of arrest if you has not been formally charged and are being held for investigation.

II. Determination of Filing

Whether you are retained in custody or subject to conditions of release, a second appearance within District Court must be set by the court within the original 72-hour period.  The defendant may be unconditionally released at the time of the second appearance if no formal charges have been filed.

If, at the time of the second appearance, formal charges have been filed, a subsequent court appearance will be scheduled.  If formal charges are filed before the second appearance, the court will strike the second appearance and set a date for Arraignment.

III. Arraignment

Arraignment entails the formal reading of a criminal complaint against you with the purpose of informing you of the charges the state has filed against you.  An arraignment proceeding requires your appearance in court, an establishment your identity, the presentation of charges against you and a call for you to enter a plea in response to the charges against you.  The defendant may plead:

  • Guilty: You admit to the facts of the crime and identify yourself as responsible for the crime committed. The case will then be set for sentencing.
  • Not Guilty: You deny having committed the crime and a pre-trial or trial date is set.
  • No Contest: You do not admit guilt but acknowledge the charge against you.
  • Mute” Plea: You “stands mute” and the court enters a plea of “not guilty” thus allowing you to later challenge the correctness of the court proceedings

During an arraignment, legal counsel is required. Whether you are in custody or subject to conditions of release, you must be arraigned within 14 days of the indictment or filing of information.  After a plea is made your constitutional right to a speedy trial is assured.

If you are in custody after the arraignment, you must stand trial within 60 days unless you waive your right to speedy trial.  If you are subject to terms of release, you must stand trial within 90 days.

IV. Case Scheduling Hearing (Superior Court)/Pre-Trial (District Court)

A case scheduling hearing is set at arraignment and should occur 14 days after the defendant is arraigned.   The hearing is set to determine the status of a case.  If plea negotiations have occurred and been successful, the plea may be entered and a date set for sentencing.  If negotiations or an investigation require more time the hearing may be continued.  Finally, if plea negotiations are unsuccessful an omnibus hearing and trial date will be set.

In district court cases, a pre-trial hearing is set at arraignment and is utilized to determine the status of a case.  If plea negotiations have occurred and been successful, the plea may be entered and a date set for sentencing.  If negotiations or an investigation require more time the hearing may be continued.  Finally, if plea negotiations are unsuccessful pre-trial hearings and a trial date will be set.

V.  Omnibus Hearing.

An omnibus hearing is primarily concerned with addressing and satisfying pre-trial concerns so that a trial may proceed smoothly and efficiently.  The Prosecuting and Defending counsel are present to discuss pre-trial matters and determine the admissibility of evidence to be used at the trial.

VI. Trial

A criminal trial entails the following six stages:

  • Jury Selection
  • Opening Statements
  • Examination of Witnesses
  • Jury Instructions
  • Closing Arguments
  • Verdict.

A criminal trial requires significant time in preparation and if needed the retention of expert witness.

VI. Sentencing Hearing

If you are convicted, the law may require mandatory minimum sentences, and penalties may be increased if the crime occurred while armed with a firearm or deadly weapon. Washington’s Sentencing Reform Act governs punishments for felonies in this state. Except for special circumstances, the court must sentence you within a particular range set by the Washington State Legislature.

For a felony charge, first offenders may be eligible for special sentencing consideration for nonviolent crimes. If the court grants probation as a part of the court’s sentence, a person must be placed on community supervision for between 12 and 24 months.  For gross and simple misdemeanors, first offenders may be eligible for a disposition that does not result in a criminal conviction.

VII. Appeals

If you are found guilty you may be entitled to an appeal.  Normally, an appeal of a guilty verdict must be filed within 30 days of the trial court’s decision.

What is a Plea Bargain?

A plea bargain is an agreement in a criminal case whereby the prosecutor offers you the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence. In many cases it can be advantageous to plea bargain with the prosecutor, depending on the strengths of the state’s case against you and the sentencing recommendations that the prosecutor is proposing.

The decision to plead guilty to a charge is always within your discretion as a client; however the judge in your case does not necessarily need to accept the sentencing recommendation agreed upon between you and the prosecutor; the judge can sentence you to a higher or lower sentencing range and may order more on less conditions on your sentence, such as the time you are to serve probation, the amount of time for community service or whether you are to required to take various sorts of classes (i.e. anger management, alcohol treatment classes, driver education classes). The judge also has discretion, within the confines of the law, to decide whether you are entitled to a deferred prosecution or a deferred sentence.

Before agreeing to a plea bargain or proposing a plea bargain to the prosecutor, Chung, Malhas & Mantel, PLLC’s attorneys will confer with you regarding the merits of the state’s case, the constitutional implications of agreeing to a plea and the advantages and disadvantages to agreeing to a plea.

Related Articles:

    Related News: