What To Expect At Your First Court Appearance For A Misdemeanor In Washington

In this article, you will discover:

• The qualifications for a misdemeanor in Washington
• What happens during your probable cause hearing
• Whether you need a criminal defense attorney during your probable cause hearing

What Qualifies As A Misdemeanor Under Washington State Criminal Law?

Any crime that, in essence, has a maximum sentence of 364 days or less would be considered a misdemeanor in Washington State.

What Happens During Your First Court Appearance, Or Probable Cause Hearing, For A Misdemeanor In Washington?

It depends on the case. Often, when you’re arrested and taken into custody, there’s a probable cause hearing, which usually occurs the day following your arrest, unless it’s a weekend. If it’s a weekend, and you get arrested on Friday, you’re likely to wait until Monday before you’re in front of a judge.

That probable cause hearing determines whether there is probable cause to charge you with the crime. Once the judge decides probable cause, they can also set bail. The other alternative is that they will set your arraignment date, and they can address bail at that time.

Do You Need A Criminal Defense Attorney With You At Your First Misdemeanor Hearing In Washington?

Because those probable cause hearings are right after your arrest, you might not have had the opportunity to engage an attorney. They have an “attorney of the day” at the courthouse because the probable cause hearings are being done at the jail.

There will usually be an attorney who will help represent you at that first hearing. After that, the court will determine whether you qualify for a public defender. If you don’t, the judge will tell you to retain an attorney.

What Are The Most Common Mistakes To Avoid During Your First Misdemeanor Court Appearance?

Once you’re arrested, don’t say anything and call your lawyer. Anything you say can be used against you. It’s crucial for clients not to make any type of admission or talk to officers freely without an attorney present.

How Do Misdemeanor Cases Usually Move Forward After The First Court Appearance In Washington?

Once the court determines there is probable cause, depending on the crime and your criminal history, they might release you and give you a new court date to come back for arraignment. If they feel you’re a danger or a flight risk, they’ll keep you in jail until you have your arraignment hearing.

At the arraignment, the court can determine whether you have to post bail or if they’re going to release you on your recognizance.

Notes From The Field: What Are The Most Common Fears Clients Have Before Their First Court Appearance, And How Do You Help Alleviate Them?

The most significant concern is: Am I going to serve time? If I’m serving time, how much time am I serving?

The reality with misdemeanors is that if it’s your first offense, and you don’t have much criminal history, the likelihood of you serving a lengthy jail sentence is very low.

When I tell clients they may not face any jail time, it relieves many clients’ concerns. We can also convert jail time to community service, house arrest, or other options as a part of a plea, rather than doing jail time.

Still Have Questions? Ready To Get Started?

For more information on first misdemeanor court appearances in Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 200-6439 today.