Criminal Defense Attorney in King County, WA

Protecting Your Rights with Skilled Criminal Defense

For many people, getting arrested and charged with a crime is the most nerve-wracking moment of their lives. The potential for a conviction and the fines and jail time that come with being arrested can be scary. By consulting with a Washington criminal defense lawyer at The Curtis Firm, you can begin the process of defending your rights and future against this groundless criminal accusation and proving your innocence. The stakes are high for even minor offenses, and the long-term consequences of having a conviction on your criminal background can be challenging to overcome.

Our skilled criminal defense lawyers are ready to defend you against the following allegations:

DUI Resources:

  • MARIJUANA DUI
    • DUI TRAFFIC STOP
    • DUI COURT PROCESS
    • DUI LICENSE SUSPENSION
    • GUIDE TO ALCOHOL/DRUG EVALUATIONS AND TREATMENT
    • WHAT IS SR-22 INSURANCE
    • FELONY DUI
    • MINOR DUI – UNDER 21 YEARS OLD
    • DEFERRED PROSECUTION FOR DUI
    • DUI FREQUENTLY ASKED QUESTIONS
    • BAC CALCULATOR

Misdemeanor Resources:

DOMESTIC VIOLENCE

WASHINGTON PROTECTION ORDER LAW

NEGLIGENT DRIVING

RECKLESS DRIVING

Felony Criminal Resources:

DRUG POSSESSION

DRUG SALES

POSSESSION OF A FIREARM

SEX CRIMES

ASSAULT

BURGLARY

EXTORTION

JUVENILE JUSTICE

MURDER (HOMICIDE)

IDENTITY THEFT

ROBBERY

THEFT

Contact us today so we can strategize about your case!

Overview of the Criminal Process

Being arrested or charged with a crime in Washington can be very frightening. The natural feeling for most who become involved with the criminal justice system is one of uncertainty, as they are unsure what to expect. But you should not feel that way. All criminal cases in Washington, from a simple traffic ticket to the most serious felonies, are regulated by strict laws and procedures. These laws are mandated by the US Constitution, as well as federal and state law, and they are meant to protect your rights as you navigate through the criminal trial process.

If you were arrested or charged with DUI, domestic violence, or any kind of criminal offense in Washington, you have the right to be informed. Our law firm takes pride in helping clients make informed decisions, all while protecting their rights.

In this article, the legal team at The Curtis Firm, LLC explains what the criminal trial process entails and the rights you can expect to enjoy.

What are My Rights When Being Questioned by the Police?

The criminal process begins with the first contact with the police. Usually, this contact will come at the stage when the police are still investigating an offense. Don’t be fooled by the seemingly preliminary nature of their questions, though. If the police are investigating you, they may already have information that may be damaging to you and can lead to criminal charges.

You should know that you have rights at this stage. You don’t have to speak to a police officer if you don’t want to. Under the 5th Amendment of the U.S. Constitution, you have a right against self-incrimination. Protecting yourself against incrimination means you do not have to say anything when the police come to your house or place of work, indicating they have questions.

Another right you have under the law is to refuse to consent to any search of your home or property without a valid search warrant. You also have a right to see the warrant before it is executed.

What Rights Do I Have if I am Arrested? 

If the police decide to make an arrest, it is important to remain calm. Usually, law enforcement must have probable cause before making an arrest. Resisting may only complicate things for you.

Instead, comply with the arresting officer and keep in mind that you have rights, most importantly, Miranda rights, which entitle you to

  • Be informed about the reason for your arrest. If there is an arrest warrant, you have a right to request and be shown the warrant.
  • Be informed of your right to remain silent. The police should also caution you that, should you choose to say anything, it may be used against you.
  • Be informed of your right to consultation with a criminal defense attorney of your choice.

What Happens After an Arrest?

After an arrest, you may be held in jail. Again, do not panic if you are at this stage. You must contact a criminal defense attorney immediately if you have not already spoken to one.

You are ordinarily entitled to make a call either to your attorney or, if you already have one, to your loved ones. Watch what you say, though, and absolutely do not discuss the case over the phone. ALL CALLS ARE RECORDED! If you have to speak with your attorney, they can visit you and assist your family in securing bail.

You have a right to a speedy trial, and as a result, the police cannot hold you beyond 48 hours without either setting bail or filing a formal charge against you. If they fail to do this within the allowed time limits, they may have to release you from custody.

The charge is a statement of the offense you are alleged to have committed and the decision of the state to prosecute.

What is the Arraignment Process?

During the arraignment process, you must plead not guilty!

Once the charges have been filed against you, the court must hold a hearing, called an arraignment. The purpose of an arraignment is to formally notify you of the charge against you and ask, “How do you plead, guilty or not guilty?” This action is called “taking your plea”.

As a general rule, you should plead not guilty. Pleading not guilty means you deny the charge against you and call the prosecution to prove that you committed the offense you are accused of.

There are several other options available to you as well. Your criminal defense attorney may be able to help you negotiate a plea bargain where you admit to a lesser offense or provide relevant information in consideration of a lesser charge or sentence.

What is the Purpose of Pretrial Hearings?

There may be several pretrial hearings by the court and conferences between your attorney and the prosecutor. The purpose of these hearings is to address matters such as scheduling or to monitor the progress of plea negotiations. The pretrial hearings may also be held to address issues relating to access to witnesses or evidence during this stage.

There will also be “discovery” at this stage. Your attorney will move to obtain all relevant information and evidence that the prosecution wishes to use against you. The prosecution cannot refuse to do this, as you have a right to be given time and facilities to prepare your defense, which includes all the evidence the prosecution has against you.

How Can My Attorney Challenge the State’s Case?

When your criminal defense attorney evaluates all the evidence against you, they will determine which ones were illegally collected and move to suppress them. Your attorney will do this by filing “motions” before the court to suppress evidence or limit oral testimony.

For instance, if your house or property was searched without consent or the existence of a valid warrant, it may be grounds for your attorney to file a motion to suppress evidence. You must tell your attorney everything about your arrest and any investigation that you were aware of. All the information that you provide to your criminal attorney can help them build a robust defense and help them determine which evidence to challenge.

During this stage of the legal proceedings, a skilled criminal defense attorney may be able to negotiate with the prosecution to have the charges reduced or entirely dismissed.

What Should I Expect at a Readiness Hearing?

The next stage of the legal process is what is often referred to as the “readiness or omnibus hearing”. The purpose of this hearing is for the judge to resolve all lingering pretrial issues, including motions, review discovery, and other matters.

The hearing will typically take place between a few weeks and a few days before the scheduled trial date. In most instances, you, your defense attorney, and the prosecutor must attend. At this meeting, both sides will announce that they are ready for trial or request a continuance. At any point, you also have the right to plead guilty. Depending on the strength or weakness of the state’s case, the prosecutor could try to reach an agreement before the trial begins.

What Happens if My Case Goes to Trial?

 A trial may be either a jury trial or a bench trial. In a jury trial, the evidence and facts constituting the alleged offense will be presented to a jury that will determine your guilt or innocence. But in a bench trial, the whole determination is left to a judge.

While you are entitled to a jury trial, you may elect to waive that right and opt for a bench trial instead. But you must discuss with your attorney before deciding either way.

A jury trial will involve jury selection (also called voir dire), opening statements, examination of witnesses, jury instructions, closing arguments, and a verdict. For a bench trial, there will be only examination of witnesses, closing arguments, and a verdict.

If you are found not guilty by the judge or the jury, you will be discharged and acquitted. If your case is discharged or you are acquitted, it means you are allowed to go, and no officer or agency can arrest or charge you with the same offense ever again. But if you are found guilty, the judge will sentence you to a punishment determined under the Washington State Sentencing Guidelines.

Can I Appeal the Verdict if I am Found Guilty?

The last stage in the criminal justice system is the appeals process. If the case turns out unfavorably for you, your criminal defense attorney can help you fight the verdict on appeal. They can point to errors or legal grounds for overturning the conviction. You will typically have a limited period within which to appeal, usually 30 days.

While the whole process seems quick and straightforward, it can be very complicated and often takes a significant amount of time to resolve. To be sure that you have the best possible chances of a positive outcome, you must consult with an experienced criminal defense attorney right from the start.

What are the Benefits of Hiring a Criminal Defense Attorney at the Start of My Case?

One of the most crucial mistakes many individuals charged with misdemeanor and felony crimes make is waiting to hire a defense attorney. While many people wait until after they have been arrested, hiring an attorney as soon as they believe a legal issue may exist is the most effective defense strategy.

Protect Your Rights

Once you obtain legal representation, your attorney will first ensure that your legal rights are protected. Common issues that often arise include illegal search and seizure or excessive force. Your attorney can also advise you during questioning to prevent you from inadvertently making incriminating statements that would hurt your case.

Other critical legal services that defense attorneys perform for clients include:

  • Early Intervention and Investigation: If you believe that you are under investigation, your attorney can conduct a preliminary investigation into the allegation and intervene before charges can be filed.
  • Strategic Defense & Damage Mitigation: Your attorney will evaluate the evidence to identify the strengths and weaknesses of the case. Based on their findings, they will build the best possible defense that provides maximum results.
  • Objective Advice: Your attorney will provide an honest assessment of your case so you can make informed decisions, such as whether to accept a plea deal or take the case to trial.

Your attorney can also argue that your bail should be reduced and help you navigate the other complexities involved with the state’s legal system.

Contact The Curtis Firm to Learn More About How We Can Assist You With Your Legal Needs

Whether you are from Mercer Island or the Greater Puget Sound area, being charged with a criminal offense can have long-lasting consequences that affect your freedom and reputation. Our law firm has a proven track record of helping clients obtain favorable results so they can put the past behind them.

We can help. Call Today! 

Washington criminal defense lawyer James Curtis defends all clients charged with all state and federal crimes. James will work tirelessly to ensure just results and availability to his clients. For your convenience, free initial consultations are available by calling (253) 327-1063. Attorney Curtis provides quality and experienced criminal defense for residents in Seattle and Tacoma and all counties within those territories, including:

KING COUNTY

Auburn

Bellevue

Burien

Des Moines

Federal Way

Issaquah

Kent

Redmond

Renton

SeaTac

Seattle

Tukwila

PIERCE COUNTY

Auburn

Bonney Lake

Fife

Lakewood

Puyallup

Tacoma

Call Our Washington Criminal Defense Lawyers for a Free Consultation

If you have been accused of a crime in Washington, you need a strong legal defense team to ensure your rights are protected and your future is secured. The stakes are high, so retaining the best criminal defense lawyer to fight the charges can be the best investment you can make in your future. Contact us online or call The Curtis Firm to get started on your case.