What should I Expect if I'm Facing a Criminal Charge, What to Do at Arraignment

THE BELOW INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY IT IS NOT LEGAL ADVICE TO THE READER, IF YOU NEED LEGAL ADVISE BRIGGS LAW PLLC RECOMMENDS THAT YOU CONSULT AN ATTORNEY IMMEDIATELY.

If you have found yourself in the situation of having to defend against a criminal charge, whether 1) issued by an officer, deputy, or trooper in the field, or 2) by way of a criminal complaint filed by the prosecuting authority, please consider consulting with a criminal defense attorney early in the process. How early?

The ideal time to contact an attorney of your choosing is when you first learn of the criminal charge, which, in the case of a police contact, should be obvious. If you are contacted by police and they are investigating criminal activity, the officer must reasonably believe that probable cause exists to issue a criminal citation. If the officer issues a criminal citation, [s]he may arrest you or choose not to arrest you and simply advise you of your arraignment court date. However, in certain circumstances, the officer may be required by law to make an arrest, e.g., for domestic violence charges or driving under the influence of alcohol or drugs.

If you are arrested, at some time close to the arrest you should be read your Miranda warnings: 1) you have the right to remain silent, 2) anything you say can and will be used against you in a court of law, 3) you have the right to an attorney, and one will be provided to you if you cannot afford an attorney, 4) you also have the right to have an attorney present before or during any questioning. They will then ask whether you understand those rights, to which the vast majority of the population answers yes but then engages the Officer, Deputy, or Trooper in a discussion about his/her alleged criminal activity. Two questions should be asked during any contact with law enforcement: 1) Why am I being stopped/contacted? 2) Am I free to leave?

Why is it important to ask why I'm being contacted? First, it provides you with information on the reason for the stop or the contact, which may assist you in defending your case, particularly in selecting the right attorney early in the process. Also, since we ask this question early in the contact, it avoids the possibility of having to decline to answer the Officer, Deputy, or Trooper who's asking you: "Do you know why I stopped you/contacted you today/this evening?" Individuals should consider politely declining to answer questions during their contact with police whether they're driving (or on foot), simply provide your license, insurance, and registration. If you're contacted on foot, simply decline the contact; if the officer says you are not free to leave and are being detained, only provide your biographical information (discussed below). Don't provide any other information or answer any other questions. If they ask you a question, politely tell the contacting officer, "I do not wish to discuss my day with you, sir/ma'am."

Why is it important to ask whether I am free to leave? Because if you are detained and not free to leave, you should be Mirandized prior to any questioning. The reality is that in most cases, the arrest is merely a formality at this point and, whether you provide information or not, will occur. Under Washington law, a detention is lawful without Miranda so long as the interrogation is not yet "custodial". Custodial means as a result of sufficient investigation, the officer has developed sufficient information to establish probable cause and make an arrest. State v. Coahran, 620 P.2d 116, 27 Wn.App. 664 (Wash. App. 1980). So custodial simply means a detention with probable cause to arrest, which is important because it triggers your above-listed constitutional rights. At this point, since you are no longer free to leave, you must assert your right to remain silent and your right to an attorney—the attorney is the only individual you should be discussing the case with from this point forward.

What happens after I'm arrested? When do I get to speak with my attorney? After you are arrested, you will be transported to the jail in the police fleet patrol vehicle. During this trip, you should not discuss your case with the transporting officer. You should have already declined to answer his/her questions after being advised of your rights. Why? Because we stated we knew our rights, and if we know our rights, we know speaking after being advised of them is of no assistance to our case. We know this because once we are in custody and we are Mirandized, we are under arrest, meaning the officer already has probable cause and is now only assisting the prosecutor in meeting his/her burden at trial. If the Officer, Deputy, or Trooper attempts to engage you in small talk type questions, do not engage with answers—just politely decline, "I don't care to discuss my day / that with you, sir / ma'am." This answer should not hurt your case as it's polite yet assertive of your right to remain silent.

Once you get to the jail, do not answer any questions. The officers should have all your biographical information from your identification/driver's license, with which to process you into the facility. If, for some reason, certain biographical information is not available, then you may be legally required to provide that information, but do not go beyond providing your biographical information such as your name, DOB, and address. As soon as you are processed into the jail, you should be given an opportunity to call your attorney.

THE ABOVE INFORMATION IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY IT IS NOT LEGAL ADVICE TO THE READER, IF YOU NEED LEGAL ADVISE BRIGGS LAW PLLC RECOMMENDS THAT YOU CONSULT AN ATTORNEY IMMEDIATELY.