A. General

• Do I need to go to court if I have a lawyer? You will need to attend all court appearances unless your lawyer has advised you not to.

• What should I wear to court? You should dress professionally – either in a suit or “business casual.”

• When should I arrive for my court appearance?  Try to be there approximately 15 minutes early.  Never appear late.

• What should I bring to court?  All of your papers that you have obtained in this case.

• What if I live in another state, will I need to come to Washington for court?  Yes, unless the court “waives” your presence.  Ask your attorney how this can be done.

• I missed a court date, what should I do now?   You most likely have a warrant out for your arrest with a bail amount.  There are three ways to take care of this:

Will the police officer be in court?  Police officers are not required to show up at most hearings, and usually don’t.  Most often they are only there for factual motions and trial.^back to top

B. Arraignment

• What happens at the arraignment? At this time you are informed of the charges against you and enter a plea of guilty or not guilty.  Conditions of release can also be set – things such as bail.

• What should I plead at the arraignment? Not guilty!  This is what almost all people do.  It will not be held against you. This is what the judge will be expecting.

• I did have too much to drink, shouldn’t I just plead guilty? Absolutely not.  Your lawyer needs time to review the police report and negotiate.  Even if you are feeling guilty, it may still be possible to have charges reduced or dismissed.

• Can I go to jail at the arraignment?  Yes, but this usually does not happen.  Most often you are just released on your promise to appear at the next court date.  Judges will only order you to jail in extreme circumstances, such as multiple prior convictions for the same or similar charges.

• What is bail or bond?  If the court wants to put you in jail, then they must allow for bail or bond to be posted.  This is money that gets posted by you, your friends or family, or a bail bond company to help make sure that you will return to court.^back to top

• At my arraignment, the judge ordered me to attend self help (i.e. Alcoholics Anonymous or Narcotics Anonymous) meetings, what does this mean?  This means that you must go to a self help group the number of the times the judge ordered.  You must also bring proof that you have done this.  Failure to follow this condition will allow the judge to put you into jail at the next court appearance.

• How do I find out where these meetings are held?  The court often has a list of where they are held.  Many meetings can also be found by looking on the internet.^back to top

C. Pre-Trial Hearing

• What happens at a Pre-Trial Hearing?  This is an opportunity for your attorney to negotiate with the prosecutor.  If an agreement is reached, then it can be entered at the pre-trial hearing.  If an agreement is not met, then the case is set for trial.  You should be aware that many cases are set for trial that never go to trial, they are often negotiated prior to trial.

• Can we get more time to work on my case?  Yes, it is very common for a these pre-trial hearings to be continued so that the attorney can have more time to negotiate.

• I signed a speedy trial waiver, what is this?  If you are not in custody, you have the right to a trial within 90 days of your court appearance.  A speedy trial waiver extends this time period.  It is very common for these to be signed.  None of your substantive rights are waived, it just gives everyone a little more time to help get the case resolved.^back to top

D. Motion Hearing

• What happens at a motion hearing?  This is a hearing where the defense brings legal motions – such as whether there was probable cause to stop, detain, or arrest you.  The prosecutor must show that all of the laws were obeyed and none of your rights were violated.

• Will the officer be at this hearing?  Yes, most often the police officer will be there.

• Will I need to testify at this hearing?  You and your attorney will talk about whether or not you will testify at this hearing.  No one can force you to testify, that is a decision you alone (with the help of your lawyer) must make.^back to top

E. Readiness Hearing

• What happens at a readiness hearing?  At this hearing both the prosecution and defense must announce whether they are ready for trial.^back to top

F. Trial

• What is a bench trial?  This is a trial where the judge decides if you are guilty or not guilty.

• What is a jury trial?  This is a trial where the jury (6 members of the community) decide whether you are guilty or not guilty.

• Does my case have to go to trial?  No, it is up to you to decide whether or not your case will go to trial.

• Will I have to testify at trial?  You can never be forced to testify.  You have the absolute right not to testify.  Whether or not you testify is a decision best made between you and your lawyer.

• Can I have witnesses testify for me at trial?  Yes, you can have any witness who can present relevant information testify on your behalf.   These witnesses can be subpoenaed to appear.  

• If I am convicted after a trial, will the judge punish me for going to trial?  You have a right to a trial by jury, and in our experience Judges do not penalize people for exercising this right – to do so would be improper.  However, if some particularly bad facts came out at trial that were not otherwise known, or if the judge thinks you were dishonest while testifying, then the judge may increase your punishment.^back to top

G. Sentencing

• What happens at a sentencing hearing?  At a sentencing hearing the judges sentences to the crime that you have entered a plea of guilty to or have been found guilty of.

• What information can I give the judge that might help at sentencing?  You can tell the judge a little bit about yourself – such as who you are, what you do for a living, what your family life is like, etc.

• The Judge ordered me to get a pre-sentence investigation done, what does this mean? This means that you will be interviewed by a probation officer and the probation officer will then give a report to the judge about what they think the sentence should be.

• Will I be taken to jail from the courtroom at my sentencing?   It is very uncommon for this to happen in any misdemeanor case.^back to top