What the types of hearings will I go to?

Arraignment

Once a criminal charge is filed in Washington State, the first hearing is called an arraignment, where you receive the charge against you and you enter a “not guilty” plea. At the arraignment the court can conduct a bail hearing, were the court determines two things: flight risk and risk of re-offense. The court will ponder if you should remain out of custody while the case is proceeding or what conditions should be imposed upon you to assure that you won’t flee the jurisdiction nor reoffend. Significant ties to the community, a job, and lots of family locally are reasons that someone isn’t going to flee the jurisdiction while the case is pending. Regarding “re-offense,” the judge will presume the charge occurred for this part of the hearing so addressing causes such as identifying another place for the charged person to stay while the matter is pending, drug treatment or other means of monitoring drug or alcohol consumption will be pursuasive to the court. Many defendants feel the presumption that the crime occurred during the course of the bail hearing is unjust. Rest assured that the court has made a finding though only to a probable cause level, a level way below what the prosecutor will later have to prove.

Pretrial Conference

The second hearing is called a pretrial conference or a case setting. At this second hearing one of three things happens: continue the hearing to another pretrial date, set the case for trial, or enter a disposition or resolution to the case. Even though defendants want a quick resolution to their nightmare, its often the case that short delays will aid the defense attorney in obtaining a better outcome. If the matter is set for trial then a motions date might also be set before the actual trial date to resolve what evidence will be admitted or excluded from the trial.

Jury Trial

Trial is the hearing that people have seen the most on television. At a trial the state has the burden of putting witnesses on the stand to prove the charges beyond a reasonable doubt. You have the right to remain silent and the right to testify. We can make witnesses appear at no expense to you with the power of subpoena. A jury is selected and there are opening statements and closing arguments. The jury receives written instructions from the judge and must decide guilty or innocence by a unanimous vote.

Sentencing

If the jury finds guilt or you plead guilty then a sentencing date is set. At that hearing both parties make their separate arguments for the sentence they believe is appropriate. Sometimes the judge is bound by the legislature to hand down a sentence within a certain range. Most felony charges are sentenced under a grid where an offenders score and the seriousness of the charge meet and produce a range.