Typical Felony Criminal Case Path
Felonies are generally the more serious type of crime you can be charged with. To
be a felony, the charge must carry a potential punishment of more than one year
in prison. The timeline of a typical felony differs from a misdemeanor only slightly.
If you are charged with a Seattle felony, please call CMS Law Firm, LLC, your Seattle
criminal defense attorneys, today.
1. Pre-Arrest Investigation
In many cases (even a Seattle DUI) before an
arrest is made an investigation is conducted. In the most complicated cases it can
take weeks, in the most simple cases it can take minutes. Whatever the scenario,
if you believe you are being investigated by the police you need to contact a Seattle criminal attorney immediately.
Often this is the most critical time of the case, and is most often the point where
most citizens provide the information police need to arrest them (agreeing to allow
the police to search your car, consenting to roadside tests, talking with police).
You are under no obligation to provide the police any information except your identification.
And even then they must suspect criminal activity is afoot. If you are being investigated
for a crime call CMS Law Firm LLC, your Seattle
criminal lawyer.
2. Arrest
We all know what arrest looks and feels like, but do we know what we should do if
arrested by the police? Whether a Seattle DUI charge
or a Bellevue drug possession charge, immediately upon arrest it is critical
to invoke your right to silence and request an attorney for consultation. You are
not obligated to make the prosecution's case for them. Make them convict you without
giving them the evidence they need - remain silent and get an attorney.
3. Arraignment and Bond
Arraignment is a fancy way of saying formally reading the charges against you. If
you are in custody, this often happens very shortly (within one day even) of arrest.
If you are cited and released from custody, it usually occurs within 14 days of
arrest. At arraignment after the charges are read you have the opportunity to enter
a plea. If you have not yet had a chance to speak with a Seattle criminal lawyer
ask for one! If you cannot afford a lawyer the court will appoint one for you (and
although court appointed attorneys are often overworked, they are usually pretty
good). And do not, I repeat, do not enter a plea until you have had a chance to speak
with an attorney.
At this time bond will also be set. Bond is usually set based on three factors:
(1) the likelihood that you will show back up to court; (2) the likelihood that
you will try to tamper with witnesses; and (3) the likelihood that you will be a
danger to yourself or others. If you have an attorney they should be ready to argue
why you should be released on your own recognizance (no bond) and have evidence
to support it. If you do not have an attorney yet, if bond is set, they will be
able to ask the court to lower or remove your bond if possible.
4. Discovery
Discovery is the process where the defense gets to see the information the state
has against them. This includes police reports, photographs, witness statements,
video, breath test evidence (in a DUI), blood evidence, and any other evidence the
prosecution might have. This includes evidence that can help you. The Seattle prosecutor,
for example, is required to give the defense evidence that helps the defendant.
This is because in theory, the goal of the Seattle prosecutor is to promote justice,
not convict every person that comes before them charged of a crime.
The defense must also present the state with the evidence it plans to use at trial.
Both sides have the obligation to provide the other side with information they plan
to use so there are no surprises. The defense, however, is not required (in most
every case) to provide the state with evidence against the defendant.
5. Preliminary Hearing
At the preliminary hearing, the state must demonstrate to the court that it has
probable cause to pursue the charges against you. For example, if you were charged
with possession of marijuana in Seattle, the Seattle prosecutor would
have to present evidence that it is more likely than not that at the time and place
alleged you were in possession of marijuana. It is a low burden and is nearly always
met by the prosecutor. For us, it is a time to question prosecution witnesses (usually
police officers) and find out the extent of their testimony.
Although preliminary hearings are not often won, they are important to us for the
information that can be learned.
6. Pretrial Motions
Pretrial motions, aside from the trial itself, are the most important part of any
criminal case. Pretrial motions are our chance to keep out any evidence that was
wrongly obtained, is prejudicial, is irrelevant, or is not allowed by the rules
of evidence. By limiting what prosecutor can and can't present at trial, we can
substantially weaken their case, often resulting in a substantial reduction in charges,
and in the best case scenario a dismissal of charges.
For example, if your are charged in Kirkland for possession of cocaine or
methamphetamine, but the police obtained the drugs from you by illegally
searching you or illegally stopping your car, then we may be able to have that evidence
(the drugs) excluded from trial. How would you feel trying to convict someone of
drug possession without being able to show the jury the defendant had drugs?
7. Plea Bargaining
Although plea bargaining can take place throughout the entire process described
above, it often is finalized after pretrial motions, particularly if the prosecutor
is not offering a very good deal. Plea bargaining is the process of negotiating
one of several things, including: a reduction in the charges against you; a recommendation
for a lower sentence; a recommendation for no jail; or a dismissal of some of the
charges against you, in exchange for a plea of not guilty or no contest to some
agreed to charges.
It is important to know that you do not have accept any plea deal you don't want
to. And plea negotiations are not admissible as evidence at trial. For example,
if you are charged with a Seattle DUI and the case is relatively weak, the prosecutor
may agree to lower the charge to negligent driving, which allows them to convict
you of something, and allows you to avoid the harsh penalties associated with Washington
state DUI.
8. Omnibus Hearing
The omnibus hearing is usually held 10 days before the assigned trial date and is
the last time for the defense or the prosecution to bring up any pretrial motions
or discovery issues. It is also the time when both parties must declare they are
ready for trial. If both parties are ready for trial, the judge will assign the
case to a presiding judge and trial will begin on the trial date.
9. Trial
Most people are familiar with trials. Trials usually follow a standard procedure:
(1) jury selection; (2) opening statements; (3) presentation of the state's evidence;
(4) presentation of the defense evidence; (5) closing argument; (6) verdict. At
trial it is the state's burden to prove it's case beyond a reasonable doubt. That
means they have to prove it is likely you committed the crime charged beyond any
reasonable doubt. The defendant has no burden, and does not even have to testify
if they choose not to (it is often helpful not to testify).
10. Sentencing
If you are found guilty of any of the crimes charged against you, you must be sentenced.
Each crime usually carries a range of sentence, calculated by comparing the severity
of the crime and your criminal history. The less sever the crime and the less criminal
history you have, usually the lower your sentence is. The defense does have the
ability to present evidence here to ask for a lower sentence, and a thorough understanding
of the sentencing guidelines is important.
11. Appeal
If you are found guilty of a crime charged against you but some error of law was
made during your trial, you may be able to appeal your conviction and receive a
new trial. There is a strict time limit to appealing a conviction, so it is important
to determine any rights of appeal you have as early as possible after your conviction.