How the Washington Criminal Law Process Works

The Lifecycle of a Criminal Case

However cliché it sounds, no two cases are alike. Many factors affect what happens in a case, the judicial path it follows, and the types of hearings that occur.

This is an overview of the primary steps of most criminal cases and common types of hearings as a case moves on.

Investigation & Arrest

Criminal cases begin with a law enforcement agency investigating a case. The investigations may last months or minutes, depending on the circumstances. An arrest can occur any time law enforcement believes probable cause evidence exists that an individual committed a crime. This can be as it occurs, seconds or minutes later, or after months of investigation. Once law enforcement completes an investigation it sends their findings to the prosecutor’s office for the decision to press charges or drop the matter.

Arraignment

When a case is pursued, charges are filed, and an arraignment is scheduled. An arraignment is a formal appearance before the Court where the accused is advised of the charges against them. They are then expected to enter a plea of guilty or not guilty.

Pretrial Status Hearings

After a not guilty plea is entered, the case is assigned to a judge’s docket for negotiations or preparation for trial. At conference or disposition settings, the defense meets with the prosecution and discuss the facts and circumstances of the case.

Motion Hearings

Motions are pleadings/documents filed by the defense with the Court to address any number of issues identified by defense or defendant. Motions are a request for the court to take some action based on a legal or factual issue presented. Motions are an opportunity to damage the government’s case, which strengthens the defense’s position at trial and in negotiation.

Some examples of motions include, suppression of evidence, collection of evidence, limiting the use of evidence, or arguing that a specific legal theory should be applied by the court.

The specific motions that are brought in any case depend on the precise facts of that case only - no two cases are ever the same. When contested motions are filed by the defense by the prosecutor; they will be argued and decided by the judge. The judge will decide if the motion is granted or denied.

Plea Negotiations and Dispositions

Most criminal cases are resolved by plea agreement.

To be clear – the final decision as to whether to accept a plea offer is the defendants.

The best outcomes are reached by the work of the defense to expose the weaknesses in the government’s case. This combined with the effective telling of the defendant’s story will typically result in the prosecution making an offer.

That offer is, in effect, sharpened as the defense then builds leverage by forcing the prosecution to assess their case, negotiate, and litigate before the court. Plea offers can result in a wide range of terms; however, they generally consist of a guilty plea in exchange for a sentence/outcome far better than the potential consequences while avoiding the uncertainty of a trial.

Please note: a defense attorney is ethically required to communicate all plea offers to the client. Again, the decision of accepting, countering, or rejecting an offer is the clients alone.

If a plea offer is accepted, the matter will be set for a Disposition hearing, at which the Court will resolve the case.

Diversion Courts

Many courts have diversion programs and accountability courts specifically designed to help clients with special needs. Diversion programs often include program participation, classes, drug tests, and community service. Although much work is involved; the case may be dismissed upon successful completion.

Jury Trial

The case will be set for jury trial if it is not dismissed or resolved by agreement. A trial can last a day or a week or more depending on the complexity of the issues and parties involved. A jury is selected from a venire of jurors. The defense and the prosecution will look to determine which jurors are appropriate – or not - to sit and hear the case.

Both sides are allowed both peremptory and challenges for cause to prospective jurors. Peremptory challenges are automatically accepted by the court. Challenges for cause require a reason and may be challenged by the other side. Both are an opportunity for the defense and prosecution to shape the jury panel.

Once the jury is selected, opening statements are given to set the stage for trial. Then the government presents its case. The defense will fight their story by impeaching the government’s case and presenting the defendant’s story to the jury.

After both sides rest, closing arguments are given and the jury decides the case. The jury’s verdict will be either guilty or not guilty.

Dismissal, Not Guilty, or Sentencing

There are three outcomes to a criminal trial: dismissal, not guilty, or a guilty verdict. A guilty verdict does not end the matter. What follows is sentencing.

Sentencing is another opportunity to present the defendant and the circumstances around the case in the best possible light. It is an opportunity to discuss mitigating factors and tell the court who the defendant really is. In a way, this is another trial and requires the defendant’s full participation and cooperation.