Lynnwood Criminal Defense Attorneys

MISDEMEANORS VS. FELONIES

In the State of Washington crimes are broken down into two categories: misdemeanors and felonies. Misdemeanors involve crimes for which a person can be fined and jailed for up to a year. Crimes involving sentencing for over a year are Felonies.

Although misdemeanors are the lesser of the two categories, they are still nevertheless serious and need to be dealt with skillfully in order to minimize the damage these can bring to one's life.

There are two categories of misdemeanors in the state of Washington:

• Gross Misdemeanors - punishable up to one year in jail and/or a $5,000 fine.
• Simple Misdemeanors - punishable up to 90 days in jail and/or a $1,000 fine.

The exact punishment of the misdemeanor will also depend on your prior criminal history. If this is a first offense you may be eligible for an outcome that does not involve a criminal conviction. However, more serious misdemeanors can bring more severe penalty and a criminal conviction can impair aspects of your life, such as not being able to secure a job due to the conviction.

MAXIMUM PENALTIES

Felonies are the most serious type of crime, particularly those of a violent nature; you need to contact a Lynnwood criminal defense attorney with knowledge, skills and experience to assist you in getting the most successful outcome possible.

If you or a loved one has been arrested for a felony your life is about to change. Felonies are defined as any crime that carries a maximum penalty of over one year jail (oftentimes 5, 10, or 20 years in jail maximum). Misdemeanors, on the other hand, carry a maximum penalty of just one year in jail.

FELONIES CAN ONLY BE CHARGED BY THE PROSECUTOR.

Most misdemeanors can be directly charged by a police officer. In other words, for misdemeanors, an officer can write the suspect a citation that actually charges a crime (like DUI or Theft) and then the matter is automatically prosecuted in court. For felonies, however, a police officer does not have the power to actually charge a felony.

In Washington State, a police officer can only arrest a suspect on suspicion of a felony, or on probable cause. If an officer arrests a suspect on probable cause to believe a felony has been committed, the officer is required to file a probable cause statement with the court and the prosecutor.

The prosecutor then has 3 court days to file a charge, or the suspect must be released. If no charge is filed within that time frame (as is often the case), the prosecutor then has up to 3 years—for most felonies—to decide whether or not to file charges. This means that for many felony arrests, there may still be time for the defense to provide information that could keep the arrested person from being charged with a felony.

If you are your loved one has been arrested on suspicion of a felony, it is imperative that you contact a Washington State Felony Defense Attorney immediately. Give us a call today.

WHAT TO EXPECT AFTER AN ARREST in Washington

ARRAIGNMENT

After being arrested, you will go through a standard set of procedures in the criminal justice system. You will be booked by a police officer and will then have an arraignment, where you can either plead guilty, not guilty or no contest.

By being present at your arraignment, we can make sure you get the best possible plea for your circumstances and can arrange to have the lowest bail set or have you released on your own recognizance. During this time, we can also begin obtaining evidence to prepare a strong defense to whatever charges you may be facing.

PRE-TRIAL CONFERENCE

Following the arraignment, a pre-trial conference will be scheduled between your attorney and the prosecution. Depending on the evidence against you and any prior criminal history, this might be an opportunity to strike a plea bargain. If there is insufficient evidence or you agree to some type of rehabilitation program, your case might even get dismissed.

HEARINGS AND TRIAL

If you are charged with a felony, a preliminary hearing will be scheduled with a judge to determine whether the case needs to go to trial, depending on whether there was probable cause showing you as the person that committed the crime.

If your case is not handled by this time, either through a dismissal or plea deal, a trial will be scheduled. Having the right attorney who knows the criminal justice system and the prosecution's tactics inside and out is vital to protecting your rights. The presentation and defense of your case before a jury can determine whether you will go to jail or go free.

Once your trial is completed, the jury will either find you guilty and you will be sentenced at that time, or they will find you not guilty and you will be dismissed and set free. It's important to know that even with a guilty verdict, an appeal can be made, if warranted.

WHAT TO DO IF YOUR LOVED ONE HAS BEEN ARRESTED ON SUSPICION OF A FELONY

If your loved one has been arrested and is currently in jail on suspicion of a felony, you have several issues to be addressed:

TO BAIL OR NOT TO BAIL

If your loved one is in jail on suspicion of a felony, there are usually two hearings. A first appearance, where bail is set, and a second appearance where the court sees if the prosecutor has filed charges within the required three court days. If no charge is filed within three court days the suspect must be released. The problem is deciding whether to bail your loved one out between the first and second appearances.

This is a problem because in many cases your loved one will be released in three court days without the need for bail as, oftentimes, the prosecutor does not make a decision to charge that quickly.

While no one wants to see their loved one in jail, there are many factors to consider in deciding whether posting bail is a good idea, including:

• Whether the situation is under control at home
• Whether the suspect a flight risk
• Whether there will still be funds to hire competent counsel if resources are used posting bail

TO CONTACT THE PROSECUTOR OR NOT

Oftentimes, the prosecuting attorney can be provided with information that will affect his or her decision to file a felony charge or not.

THE PROSECUTOR HAS MANY AVAILABLE OPTIONS WHEN DECIDING WHAT TO DO WITH A POTENTIAL FELONY CASE.

The prosecutor can choose to do any of the following:

• Decline to file any charge based upon lack of evidence
• Offer the suspect "Diversion"— a program available in Snohomish and other counties where the suspect can do counseling and other programs to keep the felony off of their record.
• Charge a misdemeanor or expedite an offer down to a misdemeanor based upon the facts or the suspect's clean record
• In drug cases in Snohomish County, the prosecutor can refer the suspect to Drug Court and have him or her do drug treatment in lieu of classic prosecution.

Remember, if you are arrested for a felony you will be investigated aggressively due to the serious nature of the charges. Certain crimes require mandatory minimum sentences and penalties can be increased if the crime was committed with the use of a firearm or other deadly weapon. For non-violent felonies, first time offenders may be eligible for special sentencing considerations.