Typical Misdemeanor Criminal Case Path

Misdemeanors are widely viewed as the least serious of all criminal acts, although in some circumstances the penalties can have a long term effect on your lifestyle (see driving under the influence on the Seattle criminal lawyer page for an example). Misdemeanors, by definition, carry a potential jail sentence of less than one year. Misdemeanors are broken up into two types: (1) misdemeanors, whose punishment is no more than 90 days in jail and up to a $1,000 fine; and (2) gross misdemeanors, whose punishment is up to one year in jail and up to a $5,000 fine. The timeline of a typical misdemeanor differs from a felony 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 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 lawyer 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 defense attorney.

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 area 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. Pretrial/Readiness Hearing

At this hearing the court makes sure the defense and prosecution have exchanged all of the information they are required to exchange so the case may move forward to trial. It is also a time for both sides to begin preliminary plea negotiations, should they chose to do so.

5. 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?

6. Readiness/Jury Call Hearing

This is the last stage before trial and is the time when the defense and prosecution must decide if they are ready to go to trial. If a plea agreement cannot be reached, a jury trial date will be set, and the parties will come back together at that time.

7. Trial

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).

8. 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.

9. 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.