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Criminal Procedures

Being accused of a criminal or serious traffic offense can be a traumatic and upsetting experience. We hope this information will be of help in guiding you through the process and take some of the mystery out of the procedures. We have tried to answer your more frequently asked questions. If you have any additional questions, don’t hesitate to ask a staff member.  

FREQUENTLY ASKED QUESTIONS ABOUT INFRACTIONS

WHAT IF I GOT MORE THAN ONE TICKET?
If you were issued a green (infraction) ticket along with a criminal (goldenrod) ticket, these are considered separate violations and different rules apply to each case type. You will be summoned by the court for the criminal charge, The Infraction will accompany the criminal charge through out. Unless requested that they be addressed separately.  If that is your intention you must respond to an infraction with 15 days of the date the infraction was issued. Please see “Infraction Procedures” for more information.

WHAT SHOULD I WEAR AND HOW SHOULD I ACT IN COURT
Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops, and shorts are not permitted. Hats are to be removed upon entering the Courtroom. No smoking, food or drink will be allowed. Cell phones should be turned off or on silent. Children may be present in the Courtroom, but if they disturb the proceedings you may be requested to remove them. The Court does not provide childcare. You do not need to check in with the clerk unless your name is not listed on the lobby calendar. Once you find your name on the calendar you may enter the courtroom and be seated and wait for the Judge to call your name.

WHAT IS AN ARRAIGNMENT?
The arraignment is generally your first appearance in court on the citation or charge. The Judge will inform you of the charge and explain it. Next it will be confirmed that you understand your constitutional rights as explained at the beginning of the court session, and finally the maximum penalties, if any, will be stated. No testimony is taken or evidence presented at the arraignment. Please note that if this is a first appearance on a charge of Driving Under the Influence or Assault 4^th Degree Domestic Violence you may not waive arraignment or have an Attorney appear on your behalf, without your presence. You will be informed of your right to counsel and be given instruction on how to apply for the Public Defender.

WHAT ARE MY CONSTITUTIONAL RIGHTS?
All persons accused of any crime or traffic offense that might result in a jail sentence have the following rights: 

• To have a lawyer present with you at all hearings; 
• if you cannot afford to hire one to represent you (you may be required to reimburse the County in full or part for this expense);
• To represent yourself without a lawyer;
• To a public and speedy trial;
• To cross examine any witness who testifies against you;
• To call witnesses to testify on your behalf, and have the Court compel their attendance;
• To testify or not testify yourself; if you choose not to, no one can make you testify;
• To appeal to Superior Court if you are convicted after a not guilty plea. 

SHOULD I TALK TO A LAWYER BEFORE ENTERING A PLEA?
In many cases, this is a good idea. The Judge, at your request will continue the arraignment giving you time to look for an Attorney. The Judge will request that you have your lawyer put in a "Notice of Appearance". This should be done before your next court date. If you fail to appear at any hearing, your bond or bail will be forfeited and the Judge will issue a bench warrant for your arrest.

IF I AM FINANCIALLY UNABLE TO HIRE A LAWYER HOW DO I QUALIFY FOR A PUBLIC DEFENDER?
At the arraignment, the Judge will explain your right to a court appointed attorney. You should indicate to the Judge that you are financially unable to hire a lawyer and you will be provided an application for court appointed counsel. The Judge will review your application form and determine, according to the appropriate financial guidelines your eligibility for a public defender. If you qualify, the Judge will sign the Order appointing your case to the Public Defender. You will go to the Clerk’s window for a copy with the Attorney’s name, address and telephone number. The court will notify the Public Defender of the appointment and it is your responsibility to contact the Public Defender. YOU MUST remain in contact with the Public Defender and be available for all meetings as requested by the lawyer.

WHAT IF I PLEAD GUILTY?
If you plead guilty it means you admit the charge and the elements to prove the charge. By pleading guilty you waive your constitutional rights and in most cases you will be sentenced right then. However, you may speak on your behalf at sentencing. The Judge will then usually review the police report, if available, and sentence you. 

WHAT HAPPENS IF I PLEAD NOT GUILTY?
A not guilty plea denies the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial. The next hearing will be a pre–trial conference. You and your lawyer, if you have one, are required to be present. At this hearing all motions are heard and a trial date is set. Information about all the evidence in the case and witness names will be exchanged. If at any stage you waived your right to a jury trial, you will receive a notice of your NON JURY TRIAL.

If the Court sentences you to serve a day or days in jail, a probation appointment will be set and the Probation Department will arrange the report date.  Most commitments are served at Geiger Corrections and the Probation Department will notify Geiger, or the appropriate facility of your report date.

WHAT MUST I DO IF I CAN’T PAY MY ENTIRE FINE TODAY?
If you can’t pay all of your fine at sentencing the Clerk will work out a time payment agreement. This is a contract with the court for installment payments and must be strictly adhered to. Read the agreement carefully, as failure to follow the terms can result in additional fees, a possible suspension of your driving privilege, and assignment of the account to a collection agency. You may also be required to appear in court for additional hearings. 

WHAT DO I DO IF I AM PUT ON PROBATION?
After you are sentenced and put on probation, either supervised or unsupervised you will be given a probation appointment. You must meet with staff at the set date and time, located at Medical Lake City Hall, 124 S. Lefevre St., Medical Lake, WA.  Failure to keep your probation appointment may be a violation of your probation.

WHAT IS A SUSPENDED SENTENCE?
Often the Judge will suspend a portion, or all of a jail sentence or fine, on the order that you comply with various conditions for a period of time. If the conditions are satisfied, the jail sentence or part of the fine is never imposed. Should you violate the conditions, then you will be required to return to Court for a hearing and possible imposition of jail and/or fine. These conditions are supervised by the Probation/ Clerk’s office, which will monitor compliance or assist with treatment programs.