| Successfully navigating your way through a criminal | | | | attorney has all of the Discovery, they will need to sit |
| prosecution for Driving Under the Influence in | | | | down with you face to face and discuss your case. |
| Washington State requires a clear understanding of | | | | One of the bizarre rules in Washington State is CrRLJ |
| the DUI court process. In other words, knowing what is | | | | 4.7, the rule that allows your lawyer to get the |
| coming your way will greatly reduce the amount of | | | | discovery in your case. The same rule actually |
| stress you feel when fighting a DUI charge. | | | | prevents them from giving you a copy of the |
| Although each Court System in Washington varies a | | | | discovery - even though it's your case! This rule is |
| little on how they handle the initial stages of a criminal | | | | even more bizarre considering the fact that if you |
| prosecution, the basic outline below will help you | | | | were to fire your lawyer and represent yourself, the |
| understand the Court process as a whole: | | | | State would be REQUIRED to give you a copy of the |
| When you get arrested for a crime, you will have | | | | Discovery. None the less, nothing prevents your lawyer |
| several court dates to go through. Your first time in | | | | from giving you access to the Discovery whenever |
| Court is called an Arraignment. Your next court date is | | | | you want - as often as you want; they just can't send |
| called a Pre-Trial or Status Conference. You may also | | | | you home with a copy. |
| have court dates for Motions or Trial. | | | | Pre-Trial Hearings |
| Arraignment | | | | These hearings take place at Court and in front of a |
| This is your first time in Court and it's where you are | | | | Judge. Their purpose is to make sure that no case |
| formally told about the charges against you. In the | | | | "slips through the cracks" by making sure that the |
| case of DUI, you may already know what the charge | | | | case is reviewed in a systematic way. During a pretrial, |
| is before you even enter the Courtroom. However, | | | | the Judge wants to know what the status of the case |
| there can be additional charges that you were | | | | is: Do the parties (Prosecutor or Defense) want to |
| unaware of like infractions for bad driving or additional | | | | enter a Guilty Plea to something, do they want to set a |
| criminal charges the prosecution filed after your arrest | | | | time for a Motion Hearing, do they want to have a |
| for DUI. | | | | Trial, or do they not know what they want and are |
| Depending on Jurisdiction, you will either be mailed a | | | | simply asking for more time? |
| Hearing Notice or you will have to look on your citation | | | | These hearings are administrative in nature. That |
| (about 1/3 from the bottom) where it says Mandatory | | | | means that they are relatively low stress because |
| Court Appearance for your court date and time. If | | | | nothing will happen at a pretrial unless the Defendant |
| you're not sure about the date or the time, call the | | | | makes it happen. In most cases, the Defendant does |
| Court Clerk's Office (numbers are available via | | | | not need to say anything other than answering the |
| internet). The Court you are in is listed at the top of the | | | | Judge when the Judge asks if the Defendant |
| citation, e.g. a citation marked "District Court" and the | | | | consents to what is happening, e.g. asking for a |
| offense happened in Snohomish County , you would | | | | continuance or setting a Motion Hearing. You and your |
| do an internet search for "Snohomish County District | | | | attorney will have discussed what is to take place at |
| Court." | | | | the pretrial long before you actually get there. |
| Arrive a few minutes early. Most courts will have a | | | | Most criminal cases have several pretrial dates. There |
| computer printout of all the people scheduled for court | | | | are many reasons why you don't want to resolve |
| that day, called a docket. These printouts are generally | | | | your case during the first pretrial: You may have legal |
| in plain sight near the courtrooms. Next to your name | | | | issues that need to be decided by a Judge (during a |
| will be a courtroom number. That's where you need to | | | | Motion Hearing), your attorney may need longer to |
| go. If you get confused or can't find your courtroom, | | | | negotiate with the prosecution, or you may simply not |
| ask at the Court Clerk's office - they are generally | | | | have decided which way you want to go on your |
| very helpful. | | | | case. |
| Once you get to the right courtroom, be prepared to | | | | If you are asking the Judge to continue your case, the |
| wait. Most Courts will have either a video or a paper | | | | issue of Speedy Trial will come up. If you are out of |
| that explains your rights at arraignment. If it's a paper, | | | | custody, then your case must be resolved within ninety |
| they will want you to sign your name - saying that you | | | | days (sixty if you are in custody). When a Defendant |
| understand your rights. | | | | asks for a continuance, the Judge will either not want |
| Eventually, you will be called up in front of the Judge. | | | | that extra time to count against the 90 days or will ask |
| Don't Panic. This is not your time to explain what | | | | for a fresh 90 days -starting on the date of the |
| happened - there will be ample time for that later. All | | | | continuance request- before granting the request for |
| the Judge wants to know at Arraignment is whether | | | | continuance. Although this Speedy Trial rule is an |
| you understand the charge(s) against you and | | | | important right - as a practical matter, it very rarely |
| whether you want to plead Guilty or Not Guilty. That's | | | | determines the outcome of a case. In other words, if |
| it. | | | | your lawyer thinks it's a good idea to waive the |
| Common sense would tell you that if you did | | | | Speedy Trial rule, by giving the State more time to |
| something wrong, you should take it easy on the Court | | | | bring you to trial, then it probably is in your best interest. |
| System by pleading guilty and the Court System will | | | | Motion Hearings |
| take it easy on you by not sentencing you as hard as | | | | Motions are written legal arguments on why evidence |
| if you fought the charges. Unfortunately, the Court | | | | in your case (sometime the whole case) should be |
| System is not always based on common sense. In | | | | thrown out. There are potentially hundreds of motions |
| fact, you will most likely be punished worse if you | | | | that could be filed in a criminal case. Your lawyer will |
| plead guilty at arraignment rather than fighting the | | | | know which ones (if any) apply to your specific facts. |
| charge(s). In other words, DO NOT PLEAD GUILTY! | | | | Motions serve two purposes: First, if you can suppress |
| Once you have pled Not Guilty, the Court will ask you | | | | evidence then you may have a better chance of |
| about whether you want a lawyer. The old cliché | | | | winning if you go to trial. Second, motions are a |
| about "The man that represents himself has a fool for | | | | wonderful way to change the strength of your case |
| a client" is very true. If you don't understand the rules | | | | thus making it more likely that the prosecution will want |
| of court and the law regarding DUI (or any other | | | | to make an offer of settlement that you make actually |
| crime) you don't stand a chance against a well trained | | | | want to accept. |
| prosecutor. | | | | A motion hearing looks like a bench trial: They take |
| Lawyers come in two flavors: Private and Public | | | | place in Court and in front of a Judge, There may be |
| Defenders. You do not need to have a lawyer with | | | | witnesses, Both Defense and Prosecution will make |
| you at arraignment. If you are planning on hiring a | | | | arguments to the Judge and finally, the Judge will make |
| private attorney, you need only tell the Judge that and | | | | a legal ruling on the issue. This is where the similarity to |
| he or she will be satisfied - but will warn you not to | | | | a trial ends. The burden of proof at a motion hearing is |
| wait too long to hire them. If you can't afford a lawyer | | | | substantially less that at a trial and the Judge is |
| of your own choosing then you may qualify for a | | | | required to view the evidence in a motion hearing "in |
| Public Defender. The Court will have a series of | | | | the light most favorable to the State." These two |
| questions for you in order to determine whether or not | | | | elements combine to make a motion hearing easier for |
| you qualify based on your income, dependants, etc. | | | | the State to win than the Defense. The reason behind |
| The downside with a Public Defender is that you have | | | | this unfair advantage is actually a good one: The heart |
| no control over who is appointed to your case. Even if | | | | of our legal system is the Jury Trial. If you win at a |
| you qualify and have a Public Defender represent you, | | | | Motion Hearing, then you may bypass the Jury Trial |
| you can always have a private attorney take over at | | | | entirely. |
| any time. It's very common for people with a Public | | | | Trials |
| Defender to hire a private attorney - so don't worry, | | | | Trials come in two flavors: Bench and Jury. A bench |
| your Public Defender will not be upset if you replace | | | | trial is one where the Judge decides everything. A Jury |
| them with a private attorney - they may even be | | | | trial is one where six people (twelve in the case of a |
| relieved since it means one less case to handle. | | | | Felony) decide what the facts are and the Judge |
| After the Judge addresses the issue of your Lawyer, | | | | decides what the law is. |
| the Court will then address your release status. If you | | | | You can waive (give up) your right to a Jury Trial at |
| have a clean record, you will probably be released on | | | | any time but if you do so then you generally cannot |
| your promise to come back. If you have a criminal | | | | get it back. If you are ever asked to decide if you |
| record, the Judge may impose a bail or bond amount | | | | want a Bench or Jury trial, you always pick Jury (since |
| to ensure you will come back. | | | | you can always change your mind) because if you |
| The Court will assign a date when you will need to | | | | pick Bench Trial - that's what you're stuck with. |
| come back for your Pre-Trial hearing. If you can't | | | | At trial, the prosecution is required to prove each of |
| make it on that date, make sure to tell the Judge about | | | | the elements of the crime beyond a reasonable doubt. |
| your conflict so another date can be picked. If a | | | | Your lawyer will discuss with you the elements (what |
| conflict comes up later, contact your lawyer | | | | the state has to prove in your case). Your job as a |
| immediately so he or she can file a motion for | | | | Defendant is to decide whether or not the State can |
| continuance of the court date. | | | | prove each of those elements. Can any of the |
| You will leave with Court with a piece of paper telling | | | | elements become unprovable if you win at a Motion |
| you the date and time of your next court date. Don't | | | | Hearing? |
| be surprised if this is two to three months from your | | | | The outcome of a trial is easy: you either win or you |
| arraignment date. This may seem like a long time but | | | | loose. If you win, go home - you're done. If you loose, |
| don't wait - if you need to find an attorney start | | | | then you will typically (though not always) end up with |
| immediately as it may take a long time to find the one | | | | a little more jail time and a little more fines than if you |
| you want and to get the money together to hire them. | | | | had pled guilty. Is it worth the risk? That's something for |
| Once you've hired your attorney, that person will need | | | | you and your lawyer to decide. |
| to send in a Notice of Appearance, telling the Court | | | | Conclusion |
| and Prosecution that they represent you. They will also | | | | Being able to mentally prepare for the types of court |
| need time to get all of the Police Reports and other | | | | dates you will encounter while fighting a DUI charge |
| documents the Prosecution intends on using against | | | | may not eliminate the stress you feel, but it will knock it |
| you (collectively referred to as Discovery). After your | | | | down to a manageable level. |