Conditions of Release: What You Need to Know After an Arrest in Washington State

Understanding Your Options and Obligations After an Arrest

In Washington, once you've been arrested and charged with a crime, your immediate concern is likely: "Will I have to stay in jail?" The answer often depends on the conditions of release a judge sets at your arraignment. These conditions, designed to ensure you return to court while protecting the community, may have a significant impact on your life—well before your case is resolved.

What Happens at the Arraignment?

The arraignment is your first formal court appearance after being charged. During this hearing, the judge will:

• Inform you of the charges against you.
• Ask for your plea (usually “not guilty” at this stage).
• Decide on conditions for your release until your trial.

Judges consider several factors when setting conditions of release, including the severity of the charges, your criminal history, and whether you're considered a flight risk or danger to the community.

Types of Release and Common Conditions

Here are the potential outcomes for your release:

• Released on Personal Recognizance (PR): The law presumes PR release for less serious offenses and where a defendant is deemed unlikely to flee or reoffend, the judge may allow release without bail. However, conditions may still apply.
• Bail or Bond: The judge may require you to post bail to ensure your appearance at future court dates. Bail can be posted in cash or through a bail bonds company.
• Custody: In serious cases, the judge may order you to remain in jail until your trial.

Common conditions of release include:

• No new criminal activity.
• No contact with alleged victims or witnesses.
• Restrictions on travel, such as surrendering your passport or remaining within state or county lines.
• Abstaining from alcohol or drug use (sometimes with mandatory testing).
• Prohibitions on owning or possessing firearms.
• Curfews or electronic home monitoring in some cases.

Violating Conditions of Release

Violating any condition of your release can have serious consequences. These include:

• Arrest Warrants: A judge may issue a warrant for your arrest if you fail to comply.
• Revocation of Release: Violations could result in you being taken into custody and held until the case is disposed of.
• Harsher Penalties: Violations may also impact the outcome of your case as they may well be held against you at sentencing.

The Role of Your Defense Attorney

Navigating conditions of release isn’t just about avoiding jail; it’s also your first opportunity to present yourself in a positive light to the court. At Knauss Law, we take this part of your case seriously. Here’s how we help:

• Preparing Your Case: We gather evidence to demonstrate that you're not a flight risk or danger to the community.
• Minimizing Conditions: By presenting your ties to the community, employment status, and other factors, we work to secure the least restrictive conditions possible.
• Requesting Modifications: If circumstances change—such as a job requiring travel—we can petition the court to modify your conditions.

Why Conditions of Release Matter

Even if you're not convicted, the conditions of release can disrupt your life. From no-contact orders that force you to move out of your home to job loss due to travel restrictions, these conditions can feel like a punishment – even though you have not been convicted. If you feel that this is antithetical to the idea that we are all innocent until proven guilty, you’re not wrong. Yet conditions of release are not going away and must always be addressed. This is why it’s vital to have a defense attorney who can advocate for fair and reasonable terms and to have them as early in the process as possible.