I am not a United States citizen, will this matter?
Yes, Washington theft and fraud related crimes can have serious immigration consequences if you are not a United States citizen. If you have been charged with a crime and are not a citizen, it is crucial that you discuss your case and your immigration status with an experienced attorney.
^back to top
I am charged with stealing money from my past employer - will my new employer find out about this?
Possibly. If your new employer does a criminal background check on you they could find out about the case. This is true even if you have not been convicted yet. Additionally, you could be required to tell a new employer about the case as a condition of probation if you are convicted.
^back to top
I was arrested for shoplifting, can I go back to that store in the future?
It depends. It is common for stores to issue trespass notices to people arrested for shoplifting. If you received such a notice you would not be allowed to return to the store (or all stores owned by that company) for a period of time (often 1 year). If you were caught returning to the store you could be arrested and charged with criminal trespass.
^back to top
I was arrested for shoplifting and have received a letter from the store demanding I pay a civil penalty - should I pay this?
Washington law allows a merchant to assess a civil penalty for up to $200 anyone arrested for shoplifting. This civil penalty is in addition to the value of the item taken and can be assessed even if the store recovers the property. Generally, payment of this penalty will not negatively impact your criminal case and could help. However, you should consult with an experienced attorney about your specific circumstances to determine if it is appropriate for you to pay this penalty. Click Here for the link to RCW 4.24.230 - Liability for conversion of goods or merchandise from store or mercantile establishment, leaving restaurant or hotel or motel without paying.
^back to top
I was handcuffed by a store employee, not the police - can they do this?
Washington law recognizes what is called the "shopkeeper's privilege" which allows a store employee to detain someone they reasonably believe was shoplifting for a reasonable amount of time to question the individual and wait for law enforcement to respond.
^back to top
Was I arrested?
You are under arrest if a police officer takes you into "custody." This means that you reasonably believe that you are not free to walk away from the scene of the contact with the officer. Not every contact with a police officer means you are under arrest. Certainly, if you are placed in handcuffs you are under arrest.
^back to top
The officer never "read me my rights," does this help my case?
Possibly, this may lead to the suppression of any statements you may have made to the officer after your arrest.
^back to top
I refused to answer the officer's questions or make a statement, will this hurt me?
No, you have an absolute right to refuse to incriminate yourself by making statements. If your case went to trial, the prosecutor and officer would not be allowed to even mention the fact that you were asked questions and did not answer.
^back to top
I have no criminal history, will this help my case?
Having a clean criminal record can help in negotiating your case. Your criminal history, or lack of history, would generally not be relevant if your case went to trial.
^back to top
Will the officer write a police report and can I get a copy?
Yes, the officer will write a police report and you may review a copy. The easiest way to view this report is for your attorney to make a discovery request. The prosecutor must provide this report to your attorney. Unfortunately, the court rules do not allow your attorney to provide you a copy of the report, though you may read it at your attorney's office or with your attorney as often as you like.
^back to top
What should I wear to court?
We recommend that you dress professionally - as though you are going to a job interview. Definitely do not wear the following: shorts, tank tops, or hats -- some Judges will refuse to allow you in the courtroom wearing such items. Also, do not chew gum in court!
^back to top
When should I arrive for my court appearance?
It is generally not necessary to arrive more than a few minutes before the hearing is scheduled. However, make sure you give yourself plenty of time to find your way to the courtroom. If the judge calls roll at the beginning of the calendar and you are not present - the judge may issue a warrant for your arrest even if you arrive shortly after the start of the calendar or you may have to wait until all the other cases have been heard.
^back to top
What should I bring to court?
You should keep a file of all documents relevant to your case and bring this to court every time you appear. Also, if the judge has ordered you to attend self help meetings like AA or be in treatment - make sure you bring proof of this (in writing) to every court hearing.
^back to top
I missed a court date, what should I do now?
First, contact an attorney who can help you deal with the warrant that was issued when you missed your court date. You also have the option of turning yourself in to the jail or posting the bail or bond.
^back to top
What happens at the arraignment?
First, you are asked to enter a plea of guilty or not guilty. We recommend that you enter a plea of not guilty so that you have adequate time to hire a lawyer and evaluate all the options available to you on your case. The court will also address conditions of your release that will be imposed while your case is pending. These conditions can include: posting bail or bond; entering into a drug or alcohol treatment program or attending self help meetings like AA; a no contact order; or even electronic home monitoring.
^back to top
What should I plead at the arraignment?
Not guilty.
^back to top
Will the court hold it against me for pleading not guilty?
Absolutely not. Judges understand that this is an important step and some will not even allow you to plead guilty until you have had time to consult with an attorney about your case.
^back to top
Can I go to jail at the arraignment?
Yes, if the judge imposes bail or bond (you would be released once you posted this bail or bond).
^back to top
What is bail or bond?
Bail is an amount of money posted with the court as a sort of insurance that you will appear at all your court appearances and follow all the orders of the court. You may post 10% of this bail amount with a bail bonding company (with collateral) as well. If you post cash bail with the court - you will get all this money back at the end of your case. If you use a bail bonds company, you will not receive the 10% fee back.
^back to top
What happens at a Pre-Trial Hearing?
A Pre-Trial hearing is essentially a status conference between you, your attorney, the prosecutor, and the judge. The following things can happen at a Pre-Trial Hearing: the case can be continued and a new Pre-Trial Hearing scheduled; the case can be resolved and you can plead guilty to the original charge or an amended charge; you can be sentenced; or the case can be scheduled for motions and trial.
^back to top
Can we get more time to work on my case?
Generally, yes. It is not uncommon for a criminal case to be continued at least one time so that your attorney has adequate time to investigate the charges and negotiate with the prosecutor.
^back to top
I signed a speedy trial waiver, what is this?
You have a right to be tried within what is defined as a "speedy" timeframe (90 days from your arraignment if you are out of jail, 60 days from your arraignment if you are in jail). If you want more time to work on your case (i.e. you ask for a continuance) you will need to sign a speedy trial waiver to extend this period.
^back to top
What happens at a readiness hearing or a Jury Call Hearing?
This is a hearing a week or two prior to your trial date. At this hearing you confirm your readiness for trial and confirm the actual trial date.
^back to top
What is a bench trial?
This is a trial where the judge hears all the evidence and makes a decision about your guilt or innocence.
^back to top
What is a jury trial?
This is a trial where people from the community (a jury) hear all the evidence and then make a decision about your guilt or innocence.
^back to top
Does my case have to go to trial?
No, it is always your choice to proceed to trial. However, your attorney can advise you if proceeding to trial is a good idea or not.
^back to top
Will I have to testify at trial?
No, you cannot be required to take the stand at trial and testify.
^back to top
Can I have witnesses testify for me at trial?
Yes, these witnesses can also be subpoenaed and required to appear and testify. However, any witnesses must have relevant testimony to provide about the actual incident.
^back to top
If I am convicted after a trial, will the judge punish me for going to trial?
No, it would be improper for a judge to increase the penalty just because someone exercised their right to proceed to trial. However, sometimes the prosecutor will file additional charges if a case proceeds to trial. This can increase the possible penalties.
^back to top
What happens at a sentencing hearing?
The judge makes a decision about what the appropriate consequences for your conviction will be.
^back to top
What information can I give the judge that might help at sentencing?
At sentencing you may speak (or write a letter) on your own behalf. You may also have friends or family speak (or write letters) on your behalf. At sentencing it is appropriate to accept responsibility for your actions and apologize. If you feel uncomfortable doing this, or feel that it is inaccurate in your circumstance, you should not say anything. You are not required to speak at your sentencing.
^back to top
The Judge ordered me to get a pre-sentence investigation done, what does this mean?
A pre-sentence investigation is performed by the court's probation department. Generally, you are interviewed by a probation officer who will then make a recommendation to the judge for your sentence.
^back to top
Will I be taken to jail from the courtroom at my sentencing?
Sometimes, yes, but not generally. It is more common for a court to give you a commitment date by which you have to turn yourself in to the jail.
^back to top
Do I have to tell my employer about my case?
No, but you will likely need to miss work to appear at your court hearings.
^back to top
If I am convicted will I lose my job?
It depends. Your employer may require that you have a clean criminal record. Additionally, if your job requires you to carry a firearm and you are prohibited from doing so by your conviction, you would lose your job.
^back to top
Do I have to tell my parents/spouse/partner/friends?
No, you are not required to tell anyone.
^back to top
If I don't tell them, will they find out?
Possibly, the court will likely send notices of court dates to your home in the mail and they may call your home and leave a message about your court date. Your case is part of the public record and available to anyone who wishes to pull the court records.
^back to top
Would getting letters from my friends or family saying I am a good person help my case?
Possibly. You can always provide these letters to your attorney who can use them if and when they become helpful.
^back to top
How long will it take to get this behind me?
Generally, a criminal case takes between three and six months to be resolved after charges are filed. You could then be on probation for a period of time after that.
^back to top
Will it stay on my permanent record?
Yes, there will be a permanent record of your arrest, charge, and conviction if any.
^back to top
Can I have this removed from my record?
Possibly, under certain circumstances. Talk to your attorney about this.
^back to top
Can I go to Canada?
Possibly. Canada reserves the right to prohibit entry to people convicted of criminal charges.
^back to top
I am not a U.S. citizen, how will this affect my immigration status?
Theft and Fraud related allegations have very serious immigration consequences. It is crucial that your attorney knows you are not a citizen and that your attorney either understands the potential immigration consequences or consults with an immigration attorney on your case.
^back to top
I have never met with a lawyer before, what happens during the initial consultation?
The lawyer should meet with you in private (this is a confidential consultation) to discuss your case, your history, your goals and options and to discuss the cost of hiring an attorney to represent you.
^back to top
What information should I bring to a meeting with a lawyer?
Bring as much information about your case as you have - particularly any documents from the court or police. It is also helpful to bring a list of whatever questions or concerns you have about your case - so you don't forget anything.
^back to top
How much will it cost to meet with a lawyer?
Generally, you can find a lawyer who will not charge you for an initial consultation. At that initial consultation you can further discuss the retainer fees with the lawyer.
^back to top
Will the lawyer tell anyone what we talk about?
Absolutely not. A lawyer is ethically prevented from discussing anything about you or your case unless you specifically give him or her permission to do so.
^back to top
What questions should I ask a lawyer?
Feel free to bring up any questions or concerns you have about your case. It may be helpful for you to bring a list of questions so that you don't forget anything while you are talking to the lawyer.
^back to top
How do I know if the lawyer is good at representing people with cases like mine?
It is very important that you meet with the lawyer in person to discuss your case and his/her qualifications. Do not hesitate to ask a lawyer about his/her experience with cases like yours. You should feel confident that your lawyer is going to work hard for you and protect your rights and interests.
^back to top
Can I bring my spouse/partner/parent/friend to the meeting with a lawyer?
Yes, but the lawyer may ask to meet with you alone for all or part of the consultation to protect your confidentiality.
^back to top
