Frequently Asked Questions (FAQ)

These answers and the website provide general information regarding common questions asked to criminal defense lawyers. Nevertheless, every case is factually different and must be analyzed individually. The information provided in this website is not a substitute for consulting with an experienced criminal defense lawyer about your case.

How much will it cost to hire Michael as my defense attorney?  
The answer depends on the particular circumstances of a person’s case including:  the location of the courthouse, the nature of the charges, the complexity and facts of the case, the length of an individual’s criminal history, and any other aggravating and / or mitigating factors.  Generally, misdemeanor charges costs between $2,500 to $5,000 and class C and B felony charges are between $5,000 to $10,000.  We will provide a free consultation and assess your case free of charge.  You will not be responsible for any fees until you agree in writing.   

How long will it take to resolve my case if I am charged with an offense in Washington?

It depends on the nature of the charges, the particular court’s procedures, the length of the court’s docket, and whether the case will be tried in front of a jury. There will be two court appearances at a minimum.  Oftentimes, cases are continued several more times to give the parties a chance to investigate the facts and to discuss the strengths and weaknesses of the evidence.  A case set for trial could take 6-12 months or longer before it is resolved. 

What should I expect at the court proceedings?

1) Arraignment:  This is the first hearing after an arrest or summons.  The individual appears before a Judge and enters a plea of guilty or not guilty.  The prosecutor will suggest a person is either released on his /her personal recognizance ( PR) or taken into custody with a cash bail recommendation.   Pursuant to criminal rule 3.2, the amount of cash bail or release depends on a number of factors including:

• nature of the charge
• if a person has history of failing to appear before court
• the accused’s employment status
• ties to the community, and prior criminal record
• likelihood of  intimidating a witness or interfering with administration of justice 

The Judge will set a pre-trial or omnibus hearing and a trial date. 

2) Pre-Trial conference / Omnibus hearing: A mandatory court hearing where the attorneys and Judge determine whether the parties have reached an agreement or need additional court hearings to litigate legal issues.  The Judge will monitor the progress of the case and confirm a trial date.

3) Suppression Motions:  A motion hearing where the attorneys seek to prevent or limit the admissibility of certain evidence used at trial.  The Judge will require legal briefing on the issues and often witnesses are required to testify.  The Judge, not the jury, will listen to the testimony and rule on whether or not the evidence will be admitted at trial.    

4) Jury or Bench Trial:  An accused has a right to a jury trial or a bench trial.  Only a Judge will hear the case and determine guilt or innocence in a bench trial.  It is best to have a bench trial if a determination must be made on a technical legal issue.  A jury trial consists of six members on misdemeanor cases and 12 members on a felony case.  The jury will listen to the witnesses’ testimony, review the exhibits, and determine the accused’s guilt or innocence.

5) Sentencing:  The government and the defense attorney make a recommendation on punishment.  Punishment can include jail time, fines, court ordered treatment, community service, or electronic home monitoring.  The length of a jail sentence depends on numerous factors including the nature of the crime and a person’s criminal history. 

What should I do if I am a police officer pulls me over and investigates whether I am driving under the influence of alcohol? 

An officer must have probable cause to arrest a person for driving under the influence.  Please cooperate with the officer and readily provide your license, insurance, vehicle registration, and your attorney’s business card if available.  You should be polite but you are not required to answer questions from a police officer.  You should request an attorney before answering any of his questions including the question of whether or not you have consumed alcoholic beverages.  Next he will ask you to perform a series of “voluntary” field sobriety tests but you should refuse.  The field tests are very hard to pass even if you haven’t consumed alcohol.  Again, you should request to speak to an attorney before performing the field tests.  At this point, the officer will not have much of a choice but to arrest you for driving under the influence.   At the police station you will have an opportunity to speak with an attorney.  Please exercise your right to speak with an attorney. The attorney will advise you not to answer any of the officer’s questions and will determine whether or not you should take a breath test.  It is generally recommended to provide a breath test at the police station.      

Other helpful resources - to learn more about licensing consequences, the laws of

Washington, or to find your court case review the following sites:

Department of licensing:  http://www.dol.wa.gov                                                          Washington laws:  http://apps.leg.wa.gov/rcw                                                     Washington courts:  http://www.courts.wa.gov

Contact Your Washington Criminal Defense Law Firm