Criminal Charges in Washington State: Frequently Asked Questions

What to Know If You’re Facing Criminal Charges in Washington

Facing criminal charges — or even hearing you’re “under investigation” — is terrifying. The moment those words are said, life changes. Your phone feels heavier, your pulse jumps when it rings, and every conversation sounds different. You start replaying everything you said, every decision you made, wondering how something that took seconds could now define you.

The truth is, most people have no idea how the criminal justice system actually works until it’s staring down at them. Until, that is, the state of Washington – the government – is staring down at them . . . because that’s what those accused are really facing, the full weight of the government.

The criminal process is confusing, the language is loaded, and the timeline moves too fast to feel fair. That’s why early, accurate information matters. Understanding what’s coming — and what not to do — can mean the difference between a temporary problem and a lifelong record.

At Knauss Law, we’ve guided countless clients through the shock and chaos of those first few days. This FAQ breaks down what really happens in Washington when you’re arrested, investigated, or charged — the questions people are too afraid or too overwhelmed to ask. Here’s what you need to know before you start making decisions.

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Frequently Asked Questions

What happens after I’m arrested?
After an arrest, you’re taken into custody, booked, and either released or held for a bail hearing. The prosecutor then reviews the police report and decides whether to file charges. This review can happen within hours, so time is critical — defense intervention before charges are filed can sometimes stop them altogether. It can also not happen for months . . . in which case you must deal with the stress of the unknown while being disciplined enough to not talk about your case to anyone not your lawyer.
What is an arraignment?
An arraignment is your first court appearance. You’ll hear the formal charges, enter a plea (usually “not guilty”), and the court sets conditions for your release. It’s not a trial — it’s the start of the process. Many people misunderstand this as the moment to “explain their side.” It’s not. This is where silence and representation matter most.
Can I be charged if I wasn’t arrested?
Yes. Prosecutors can file charges later, sometimes weeks or months after an incident. You may receive a summons or letter instructing you to appear in court. If that happens, don’t wait for a warrant — contact a lawyer immediately. Early representation can prevent public embarrassment and unnecessary custody.
What if I’m told I’m under investigation but not charged yet?
That’s often the most important window of time. Being “under investigation” means the State is building a case and testing whether it can justify charges. This is when defense work can have the greatest impact — controlling what evidence prosecutors see, how it’s interpreted, and whether it leads to charges at all.

What’s the difference between a misdemeanor and a felony in Washington?

A misdemeanor carries up to 90 days in jail. A gross misdemeanor can mean up to a year. A felony involves potential state prison time and long-term consequences for voting, firearm rights, and employment. The same conduct can sometimes be charged either way — which is why defense strategy early on can determine the level of offense, not just the outcome.

What happens if I ignore my court date?
The court will issue a bench warrant for your arrest. That means any routine police contact — even a traffic stop — can lead to jail. Warrants also make resolving your case far harder. If you’ve already missed court, don’t hide; contact an attorney who can help quash the warrant and reset your hearing before it gets worse.
Will a criminal charge show up on a background check?
Yes, even pending charges can appear in court databases and commercial background checks. A conviction remains permanent unless it’s vacated or sealed. Employers, landlords, and licensing boards rarely distinguish between “charge” and “conviction,” which is why fast resolution and record control are key goals in every case.
Can charges be dropped before trial?
Absolutely — but not by chance. Charges get dropped when the defense finds evidence issues, procedural violations, or credibility problems that change the prosecutor’s view of the case. That requires active investigation and communication. Waiting and hoping doesn’t work.
Can I talk to the police to clear things up?
No. The idea that you can “explain your side” and make it go away is one of the biggest mistakes people make. Once you talk, your words become evidence — often out of context. Anything useful you have to say should come through your attorney, not directly from you.
Should I talk to the alleged victim or witness?
Never. Contact can be interpreted as intimidation or witness tampering, even if your intent is harmless. Let your attorney handle all communication. Courts and prosecutors take contact violations extremely seriously.
How long will my case take?
It varies. Simple misdemeanors can resolve within a month; felonies can stretch for six months or more, especially if there’s lab work or expert evidence involved. A strong defense shortens the process by keeping deadlines tight and exposing weaknesses early.
Can I travel while my case is pending?
Sometimes. If you’re on pretrial release, travel may require court approval. Leaving the state without permission can violate your release conditions. Always check with your attorney before booking travel — even short trips can create complications.
What happens if I’m found guilty?
Penalties depend on the charge, your record, and how the judge views your case. Sentencing can include jail, fines, probation, community service, or treatment programs. More important are the collateral consequences — employment, housing, and immigration status — which can last long after any sentence ends.
What happens if I’m innocent?
You still need a defense. There’s an old law saying that a guilty person needs one lawyer, an innocent person two. That is obviously an exaggeration but it makes the point: innocent people are charged every day because the system reacts to reports, not truths. The defense process isn’t just about proving innocence — it’s about forcing the State to meet its burden of proof, line by line.
What does a criminal defense lawyer actually do?
More than argue in court. A good defense lawyer investigates the facts, challenges the State’s version of events, negotiates strategically, and manages the narrative before it ever reaches a jury. The real work happens long before anyone sees a courtroom.
How much does a criminal defense attorney cost?
Knauss Law uses a flat-fee or retainer-plus-hourly model, depending on the case. We don’t negotiate fees because strategy and time determine outcomes — not discounts. What matters most is preparation, and that begins the moment you call.
What should I do right now if I think I’ll be charged?
Stop talking about the case with anyone but a lawyer. Save texts, emails, and call logs. Don’t delete or edit anything — that can be misinterpreted as destruction of evidence. Then contact Knauss Law. The earlier we’re involved, the more we can control how your case develops.
What should I not do?
Don’t post, text, or vent online. Don’t assume cooperation equals leniency. Don’t take advice from anyone who isn’t a criminal defense lawyer. And above all, don’t wait. Early action beats damage control every time.

Talk to a Washington Criminal Defense Attorney Today

Most criminal cases aren’t won in court — they’re prevented from ever getting that far. The sooner strategy replaces reaction, the stronger your position becomes.

If you’ve been arrested, charged, or even suspect you’re being investigated, contact Knauss Law now. We intervene early, analyze fast, and make sure the State’s version of the story isn’t the only one that gets told.