We may defend each assault case differently. Charges, facts, and circumstances vary, making self-defense viable in some cases and lack of intent viable in others. Let us start working on your defense immediately so we have ample time to prepare before trial.

We may use text messages, witness statements, video footage, and other evidence in a defense. Tell us as many details about the alleged assault as you can remember, or give us an alibi if you have one. Eyewitnesses may testify that the alleged victim initiated the interaction, and character witnesses may testify that you do not have a history of aggression. After we prove you were acting in defense of others or the allegations against you are false, the jury may acquit you.

Call our Tacoma, WA assault defense lawyers at (253) 203-1645 for help from the Law Offices of Smith & White.

What Are Common Defenses to Assault Charges in Washington?

Defenses for assault charges are case-dependent, though self-defense and defense of others are two of the most common defenses.

Self-Defense

RCW 9A.16.020(3) lets you use reasonable force to protect yourself from injury or your property from malicious trespass. If someone attacks you, you are justified in doing what you must to protect yourself. We can prove the force you used was necessary and proportional to that used against you.

Medical records proving your defensive wounds, witness statements, and other evidence help us prove self-defense.

Defense of Others

The same statute lets you use reasonable force to protect others from injury. Witness statements help prove you were acting in defense of others. They can testify in court that another individual was the actual offender and that you were protecting them and others.

Is Lack of Intent a Defense Against Assault Charges in Washington State?

Generally, some level of intent is required to prove assault charges in Washington. Though the degree of intent varies depending on the charge, lack of intent is sometimes a successful defense.

If the prosecution cannot prove you intended to harm the alleged victim, the jury may find you not guilty.

Lack of intent may work as a defense against assault in the fourth degree but maybe not against assault in the second or first degree.

What if False Allegations Lead to Assault Charges in Washington?

If you have been wrongly accused of assault, like after an altercation with an intimate partner, contact us right away. Our Washington assault defense lawyers may prove that the allegations against you are false, clearing your name.

Text messages between you and the alleged victim, phone recordings of the interaction, and witness testimony can prove allegations are false.

While prosecutors can file charges without alleged victims’ corroboration, getting guilty verdicts is harder. Allegations of assault being recanted can also help your case.

What Evidence Helps Your Defense Against Assault Charges?

Evidence varies from case to case. Let us start investigating as soon as possible so we can get enough proof to support your defense.

Witness Statements

Many defenses rely heavily on witnesses. Witnesses serve different purposes. Eyewitnesses may testify about an alleged assault and confirm you were not involved or were acting in self-defense.

Character witnesses are individuals who can testify about who you are as a person. For assault charges in the first or second degree, prosecutors might make accusations about your character or supposed history of aggression, and people close to you can testify to address that.

Expert witnesses may testify about your defensive wounds, mental stability, or other facts of the case.

Physical Evidence

Exculpatory physical evidence helps defendants. This is any evidence that shows your innocence, such as someone else’s fingerprints on an item allegedly used in the assault, like a weapon. Prosecutors test physical evidence, but we can have it retested or reviewed by our own experts.

The prosecution not being able to produce any physical evidence tying you to an alleged assault also helps your defense.

Photo and Video Evidence

Video evidence may tell a very different story than what the prosecution alleges. Altercations in bars, on the street, and elsewhere are often caught on security cameras. Footage may show the alleged victim approaching and attacking you and you responding with appropriate force to protect yourself.

Correspondence

Assault in the fourth degree is one of the most common domestic violence charges in Washington. Misunderstandings between romantic partners or family members might lead to a domestic violence arrest, and our lawyers may use social media messages, texts, phone records, emails, and other correspondence to aid your defense.

Should You Accept a Plea Rather Than Defend Assault Charges?

Soon after arrests, prosecutors might approach defendants with plea deals. Plea deals can be useful tools in avoiding egregiously long prison sentences, but they can also be unfair to defendants if not managed by our lawyers.

If you are facing charges of assault in the first or second degree in Washington, pleading to lesser charges may mean lesser consequences.

Pleading guilty to a crime you did not commit because you feel threatened or pressured by the prosecution is wrong. We can be your advocate, making sure you do not enter a plea that unfairly affects your future.

When Should You Start Building Your Defense Against Assault Charges in Washington?

If you get charged with assault in any degree in Washington, call our lawyers. We can start working on your defense immediately to give you the best chance of success at trial.

Tell us everything about the alleged altercation. Do not try to protect the other person, even if they are someone close to you. Tell us if you suffered any injuries or needed medical treatment.

Do not wait to prioritize your defense, especially if you are facing serious assault charges.

Call Our Lawyers to Get Help with Your Criminal Defense in Washington State

Call the Law Offices of Smith & White’s Washington assault defense lawyers at (253) 203-1645 for help with your case.

Criminal convictions might continue to haunt you long after your release from prison. If a mistake far in the past has affected your gun ownership rights for too long, is there anything you can do to restore them in Washington?

There are specific criteria you must meet, and some felony convictions make you lose your firearm rights permanently. We can help file the petition necessary to restore your gun rights and represent you in court if the judge assigned to your case requires an in-person hearing. Vacating a conviction will not automatically restore your gun rights, and you may still need to file a specific petition to get them back. You may not only lose your firearm rights after a felony conviction but also for some misdemeanors.

For help from our Washington criminal defense lawyers, call the Law Offices of Smith & White today at (253) 203-1645.

Can I Restore My Gun Rights After a Criminal Conviction in Washington?

According to RCW 9.41.041, as long as you were never convicted of a class A felony or sex crime and meet other criteria, you may petition to get your gun rights restored in Washington.

You may qualify for gun rights restoration if you have spent five years in the community without any more criminal convictions that would prohibit you from owning a gun. These five years must be consecutive, but they do not have to be the most recent five years. Five years is the normal wait, though it’s shorter for some defendants.

A petition to restore gun rights will be denied if you have any pending charges against you in Washington or elsewhere.

How Do I Petition to Restore My Gun Rights in Washington?

Our Washington criminal defense lawyers will help you complete a Petition to Restore Firearm Rights. Once it’s ready, we will submit this petition to your county’s superior court.

The petition states your name, date of birth, and crimes you were convicted of, as well as any relevant case numbers. Defendants convicted of class A felonies, felony sex offenses, and felonies with maximum sentences of 20 years in prison or more are ineligible for gun rights restoration.

We can ensure the petition is complete and accurate upon its submission. Note that federal law might still bar you from possessing a firearm, which the petition warns.

What Are Other Requirements for Gun Right Restoration in Washington?

To qualify for gun rights restoration in Washington, you must be able to pass a background check after your rights are restored. Is anything other than a criminal conviction a threat to your gun ownership? If so, your petition may be dismissed.

Furthermore, you must have completed all requirements of your sentence when you submit a petition, excluding non-restitution fees or fines.

Does Vacating a Conviction Automatically Restore Gun Rights in Washington?

Depending on your conviction, you may apply to the sentencing court to have the conviction vacated after you are discharged, according to 9.94A.640(1).

Vacating a conviction does not automatically restore gun rights in Washington. Furthermore, you do not automatically qualify to have your conviction vacated. Violent offenses may be vacated, and neither may any previous charges if you have any pending charges.

Getting a conviction vacated is not a prerequisite to restoring gun ownership rights. However, it may help you in other ways, like being able to answer that you have not been convicted of a crime on job applications and others under 9.94A.640(4)(a).

What Happens After I Petition to Restore Gun Rights?

When we file the petition to restore your gun rights with the court, we will also send a copy to the county’s prosecuting attorney. The prosecutor must review the appropriate records and write to the court verifying whether or not the petitioner qualifies for gun rights restoration.

The judge assigned to your case may or may not require an in-person hearing. If the judge does not need additional information, they may grant your petition and restore firearm rights almost immediately.

Will I Automatically Lose My Gun Rights Because of Criminal Conviction?

You automatically lose your gun ownership rights after being convicted of or pleading guilty to a felony in Washington. Even some misdemeanors may lead to loss of firearm rights, which our lawyers may help restore.

Domestic violence-related charges like assault in the fourth degree, stalking, coercion, or reckless endangerment of an intimate partner or household member can lead to a loss of gun rights.

Owning a gun with such convictions would be unlawful possession of a firearm in the second degree, a class C felony of its own in Washington. Class C felonies are serious, and convictions may carry five-year prison sentences.

How Can I Increase My Chances of Gun Right Restoration in Washington?

Successfully completing parole terms helps your petition to restore gun rights get approved. If any no-contact or protection orders are given against you, follow them. Violating these orders might lead to additional charges, preventing you from getting your gun rights back.

You can get our lawyers to start working on your petition, even if you are still ineligible. We can prepare the necessary information so we are ready to file the petition in court as soon as you become eligible.

What Other Rights Do Felony Convictions Affect in Washington?

In addition to your right to own a firearm, you lose other rights from felony convictions. For example, you may not vote while you are imprisoned in Washington. Unlike your right to bear arms, however, your right to vote gets automatically restored when you are released.

After being released, you still have to re-register to vote, but you do not have to petition to have your voting rights restored.

Call Us for Help Restoring Your Gun Rights in Washington

For help from the Law Offices of Smith & White, call our Washington criminal defense lawyers at (253) 203-1645.

Domestic violence crimes are often taken very seriously.  Intimate partner violence is often recurring and is something the legislature has sought to stop.  Because of this, the penalties for domestic violence crimes may be increased.

Fines of $100-115 are usually added to domestic violence offenses to fund prevention and victim advocacy programs.  On top of this, you still face whatever penalties are assessed for the underlying crime.  You can also lose access to your home and firearms or face restrictions from bail and restraining orders, even without a conviction.

For help with your case, call the Washington domestic violence defense lawyers at the Law Offices of Smith & White at (253) 203-1645.

Is there Increased Jail Time for Domestic Violence?

Under Washington law, “domestic violence” is not a crime of its own.  Instead, charges for certain listed offenses can be deemed “domestic violence” crimes when they are committed against a partner or someone who lives with you:

• Assault
• Drive-by shootings
• Endangerment
• Coercion
• Burglary
• Trespass
• Property destruction
• Kidnapping
• Imprisonment
• Violating a restraining order
• Rape
• Stalking
• Interfering with reporting of domestic violence.

When you are charged with one of these crimes, there is no automatic upgrade to your jail time.  However, some situations could lead to upgraded charges, e.g., by injuring a pregnant partner’s baby.

However, the fact that a crime was a domestic violence offense can be taken into account at sentencing.  For example, a judge might see assaulting someone at a bar as a dangerous indiscretion but might see assaulting your girlfriend as a much more serious offense.  A judge might also see your crime as worse if it happened in front of your children.

Additionally, uncharged conduct can be accounted for in a sentence.  For example, if your spouse testifies that there were multiple episodes of domestic violence before this one, that could increase your sentence.

Increased Fines for Domestic Violence Offenses

As mentioned, an additional penalty is assessed under RCW 10.99.080 for domestic violence convictions.  The fine is at least $100, but judges can increase it to $115.

The money from these fines is put together to fund advocacy and prevention programs benefitting domestic violence victims across the state.

Other Penalties for Domestic Violence Charges in Washington

A serious issue our Washington domestic violence lawyers need to look out for in your case is other consequences that could affect your case, potentially before you are even convicted of anything.

Domestic Violence Restraining Orders

Domestic violence restraining orders and other similar protective orders are often issued quickly in domestic violence cases.  These can drastically affect your life without a chance to respond in court until weeks later.

An initial restraining order petition can be granted in an ex parte hearing, meaning the defendant is not present to defend themselves.  That order can last for 14 days before a hearing to determine whether it can be extended.

Final orders can last for 90 days and be renewed multiple times.

Police Intervention

Police responding to a domestic violence call also have permission to take steps to protect the alleged victim at the scene, all without a hearing.  This includes the ability to immediately seize all firearms and hold them for 5 business days.

Bail Conditions

Upon arrest, you can also be held in jail for some time before your arraignment and initial bail hearing.  During a bail hearing, it is vital to have a lawyer present, as the prosecutor might try to deny bail on the grounds that you are a threat to the victim.

If you are released, bail conditions might mirror some of the terms of your restraining order.  This means violating these terms could be both a restraining order violation and a bail violation, leading to revocation and rearrest.

Effects of a Restraining Order

Restraining orders have broad authority to control your life and restrict what you can do, including the following restrictions:

• Loss of firearms
• Inability to contact the alleged victim
• Temporary restriction on custody and contact with shared children
• Interference with work if you work with the victim
• Inability to return to your house.

If you violate the terms of a restraining order, it constitutes a second crime – also a domestic violence offense – that can mean additional charges, jail time, and fines if you are convicted.

Avoiding Additional Penalties on Domestic Violence Charges

Our attorneys can help fight some of these issues, such as seeing to your release on bail.  We can also seek to have restraining orders and other court orders overturned, restoring your freedom to access your home, children, and firearms.

The additional $100-$115 is generally unavoidable, but if you are not convicted, then you do not have to pay it.

Our defense strategies can help keep you out of jail, challenge the evidence against you, and potentially reduce sentences.  If you are willing to plead guilty to a lesser charge, this might also reduce your penalties – though it cannot usually remove the additional $100-$115 penalty.

Penalties For Domestic Violence Offenses in Washington

Each domestic violence case involves an underlying charge.  From assault to stalking to rape, these crimes each have their own penalties.

Crimes generally break down into felonies and two types of misdemeanors:

• Felonies are more serious crimes punishable by a potential of over a year in jail and high fines. Felonies break down into class A, B, or C felonies with different maximum jail terms and fines for each.
• Gross misdemeanors are punishable by up to 364 days in jail plus fines up to $5,000.
• Misdemeanors are punishable by up to 90 days in jail and fines up to $1,000.

Assault crimes have four levels of assault, three of which are felonies.  Similarly, there are two levels of rape, both of which are felonies.  Kidnapping, drive-by shootings, and other similarly violent crimes are also felonies.

Stalking, property crimes, violations of protective orders, and trespass, along with some burglary charges, are misdemeanors or gross misdemeanors.

Call Our Domestic Violence Defense Lawyers in Washington State Today

For help with your case, call Smith & White’s Washington domestic violence lawyers at (253) 203-1645.

When you are involved in any kind of criminal law issue, information is a vital resource in defending your best interests. With the help of a criminal defense attorney, you can fight your charges and explore opportunities to minimize, beat or dismiss your charges, all while getting the information you need along the way.

Instead of trying to defend your best interests on your own, our team at The Law Offices of Smith & White, PLLC, can provide you with the information and guidance you expect from a criminal defense attorney. Our extensive experience in all types of criminal law issues allows us to provide you with the information you need when you need it.

The Steps of a Criminal Case in Washington State

Your first step should be hiring Smith & White to defend your criminal charge. There are a number of steps we go through that are discussed elsewhere. The steps you go through in the courthouse are:

The Arrest and/or Investigation

Initially you will be either arrested or asked to come in for questioning. If either of those two things happen, your first call should be to an attorney. You should not speak to the police or consent to anything. Call a criminal defense attorney.

If you did speak to the police or consent to something before calling at attorney, you should call a criminal defense attorney as soon as you are able. An experienced criminal defense attorney will get to work quickly to challenge the validity of your arrest, evidence that was collected, and/or any statements that were given. Your attorney can then guide you through the rest of the process and work to make sure that your rights are protected.

It is never too late to contact an experienced criminal defense attorney. The earlier in the process, the better, but if you have not contacted a criminal defense attorney up to the point that you are reading this, now is the best time to call an experienced criminal defense attorney.

Arraignment or First Appearance

This is your first time appearing on a case. You must appear in court for any felony, domestic violence misdemeanor or DUI. If you have hired our firm, then you do not need to appear for this hearing on other types of cases. The judge confirms you are the correct person with name, date of birth and address. You are informed by the prosecutor or judge of the charge. You (or your lawyer) waive formal reading; otherwise, you are reading all the essential elements of the crime. You (or your lawyer) respond that you are not guilty. You are informed of the maximum you could receive for the charge. You are informed of your rights as a defendant. Some courts have you acknowledge these in writing. Some courts inform you of your rights under the Geneva Convention (in the case you are a foreign national).

The judge reviews probable cause to make sure that there is sufficient accusation, which, if true, would constitute a crime. Your lawyer may stipulate probable cause for this purpose. This is done to speed things up but can be used tactically to prevent the judge from reading bad facts. Some judges will determine probable cause even with this stipulation. The judge will set conditions of release, which could include bail, restrictions on travel, restrictions on contact, restrictions on alcohol and drug consumption, ignition interlock devices in cars, house arrest and even pretrial probation (to name just a few possibilities).

These conditions are based on three major factors. The first is the danger you present to the community, generally assessed by looking at your criminal history and the alleged behavior in this case. The second is your flight risk, which a good defense attorney can address by giving information to the judge to show your ties to the community. The third is the likelihood that you may attempt to tamper with witnesses. If bail is set, you need to immediately arrange to post bail, or you will be taken into custody until you can do so. This is a good reason to have your attorney already arranged. We can argue against needing bail and, if bail is imposed, can help arrange a bail bondman (usually at a discount). You are given your next court date, which is called either a case scheduling or pretrial in most courts.

Case Scheduling or Pretrial:

These are the initial hearings for administering the case. It is unfortunate that you need to be present. Often, the parties (prosecutor and defense) just make sure that documents and photos (discovery) are exchanged. Because they are administrative in nature, these hearings are often continued (meaning you need to appear again). As your attorneys, we do everything possible to reduce the number of appearances you need to make, but we are struggling against a large, ingrained bureaucracy. An offer (plea bargain) is usually made by the prosecution at one of these hearings. Any offer made to you must be communicated to you by your attorney, regardless of whether your attorney thinks it is a good offer or not. If the case is not resolved through negotiation at this phase, the matter moves on to omnibus or readiness.

Omnibus or Readiness:

This hearing – which is usually the last hearing before trial, although it can be continued (multiple times) – is to make sure that both parties are ready for trial. It is also used to give the judge an understanding of what the trial entails. Usually, the parties tell the judge how long they think the trial will last, whether there are motions before trial, how many witnesses are being called by each side, whether there are any special accommodations needed in terms of language, ADA, etc., and whether there are affirmative defenses by the defense.

Jury Trial and/or Judge Trial:

Your case is tried by either a judge or jury. That means either a judge or jury decides if you are guilty or not guilty. Even in a jury trial, a judge will be present to decide the arguments between the parties. Your attorney may try for a judge’s trial for tactical reasons. For more details on a trial, specifically a jury trial, see the next question.

Jury Trials in Criminal Cases

First, rest assured that the decision to have a trial (or not) is yours. Second, our attorneys at The Law Offices of Smith & White, PLLC, are veteran criminal defense attorneys. Third, you will know what is involved, what pieces are key and what risks you are taking. That said, jury trials are the ultimate test of evidence – “the crucible of cross-examination” – and often a marathon of endurance and wits for the attorney and stress for the client. The anxiety, uncertainty and public scrutiny cause most people accused of crimes to avoid them. In fact, likely less than one in ten people accused of a crime for the first time elect to have a trial.

A jury trial consists of twelve jurors of “your peers” in a superior court matter and six jurors in a district or municipal court matter. For you, jail or prison time is always a potential consequence. That’s what gives you the right to a jury trial. You cannot have one for a ticket where only a monetary penalty is in question. Now, in Washington state, the government, a.k.a. the prosecution, has been ruled to be a “party” to the case, and it also has a right to a jury trial. In the old days, you could choose to have your trial run by a judge instead of a jury. That is still possible, but the government must agree on this as well. Some issues are better for a judge, and some for a jury. Smith & White will advise you accordingly.

The “jury pool” is made up of regular people – usually taken from the voters’ rolls and selected at random by the court – who have taken the time to fulfill their civic duty. Many have jobs that will pay for their time away, i.e., Boeing employees. If the person does not vote and does not respond to court mailings, they have no chance of being on a jury. Jurors are not distinguished by race, creed, color, gender, sexual orientation, religion, etc. So, when they say “your peers,” it is the old British word for people of the same class. Commoners are judged by commoners, and since America does not have royalty, that’s everybody.

The “jury pool” is whittled down to an actual jury by a process called “voir dire,” now more commonly called jury selection. The judge elects an appropriate amount of time for each side, prosecution and defense, depending on the complexity of the case. Each side is allowed to talk about issues related to the case, but not the case itself, to make sure that the potential jurors can be fair jurors. The fine line between the case and not the case itself is one of the many reasons you need a veteran criminal defense attorney like Smith & White.

Both sides ask questions of the jury pool. Both sides can ask the judge to excuse jurors “for cause” – one of their answers demonstrated that they cannot be fair. Each side also gets “preemptory challenges.” Each side usually has three challenges for a six-panel jury and six for a twelve-panel jury, but the judge has the discretion to change this number as long as it remains equal. This means you can get rid of that many potential jurors for no reason stated; however, if it looks like you are discriminating for one of the above-stated reasons (race, etc.), that can lead to a Batson challenge. Basically, you and the prosecutor are not allowed to do that.

Once both sides have used their challenges, the remaining six or twelve are the jury. They are sworn in to follow the law. The judge instructs them not to discuss the case with anyone, including each other, until the presentation of all the evidence is concluded. The judge tells them not to do any of their own investigation, including not looking things up on their smartphones.

The jury decides the “ultimate question”: Whether you are guilty or not guilty of the crime(s). Note that they do not decide if you are guilty or innocent. There is no legal obligation for a defendant or the defense attorney to prove their innocence. The failure of the prosecution to convince a jury “beyond a reasonable doubt” means they should return a verdict of not guilty. Beyond a reasonable doubt, it will be discussed elsewhere.

What the jury is allowed to hear in making this decision is an interesting and complex intersection of facts and law. Some things, even though they are facts, are not allowed to be put in front of the jury. Usually, these facts are irrelevant (wasting everyone’s time), unreliable or unfairly prejudicial. All courses are taught about the rules of evidence. The rules themselves have a large volume. And there are many more volumes that discuss the rules. Also, there are cases where the courts interpret the rules. So, again, you’ll benefit from your veteran Smith & White criminal defense attorney.

The facts presented to a jury are usually proved through testimony. Testimony is when someone, under oath, says what they themselves heard, saw, etc. This is evidence. You might’ve heard someone say that the prosecution has no evidence – just the word of a bunch of people. The word of one person, much less a bunch of them, is evidence. If the jury chooses to believe those words, then that is sufficient evidence for a jury to find one guilty beyond a reasonable doubt.

Probably what these people mean is that there is no “corroborating evidence”: physical evidence that supports what the witness says is true. In fact, one of the things our defense attorneys at Smith & White commonly analyze is whether there should be other evidence if things happened, as the witness says. The failure of the prosecution to present this other evidence that likely should have been gathered and presented is a common argument that proof beyond a reasonable doubt has not been offered.

Fortunately, you have a very powerful right to cross-examine the witnesses against you. Your criminal defense lawyer can question them about the lack of corroborating evidence. We can also question them about their own motives and biases. Maybe they get a benefit if you go to jail or get convicted. Maybe they already did not like you for some reason. Maybe they have a record that makes them less believable in general. Your criminal defense attorney gets to ask them about all these issues that show they may not be truthful or may not be right about what they have to say.

After the prosecution has presented all their witnesses and evidence, all of which is subject to cross-examination by your attorney, you then have the right to present your own case. You have the legal right to subpoena and present witnesses. You could potentially get a material witness warrant if you can prove proof of service of the subpoena to the witness. Of course, it’s best if your witnesses come to testify by their own choice. All of your witnesses, including yourself, should you choose to testify, will be subject to cross-examination by the prosecution. So, it is important to be prepared for that cross-examination. Your Smith & White criminal defense attorney can help greatly with that preparation.

After hearing testimony through direct and cross-examination and seeing what evidence has been admitted, the judge reads the jury instructions to the jury. Jury instructions are summaries of the law, drafted by both sides and argued to the judge as to which should be presented and which the judge has selected. They always explain to the jury the elements of the offense. For example, in a theft charge, the elements are: 1) taking of property; 2) belonging to another; 3) without their consent; 4) of a certain value, etc. In all criminal cases, the jury is instructed that each element must be proved beyond a reasonable doubt.

After the instructions, both sides are given a set amount of time, determined by the judge based on the complexity of the case, to present their closing arguments. An argument is not really an argument since each side takes a turn. They take turns arguing that the facts do or do not fulfill the instructions, so the jury should return a verdict of guilty or not guilty. The prosecutor, for no real good reason, is allowed to go first and last. This is completely unfair, in my opinion, but it is a well-established precedent.

After an argument, the jury is sequestered. They are put in a room where they may now discuss the case with each other. They are kept in the room (during business hours) until they have reached a decision of guilty or not guilty or decided that they will never reach such a decision. All of the jurors must agree with the decision, and sometimes, they cannot. If they cannot agree on a result, then a mistrial is declared. This allows the prosecutor to refile the case, starting things all over from the beginning if they so choose. The prosecution usually only does so in the most serious of cases.

If the decision is guilty, then the judge will impose a sentence. Sometimes, this is done right away. Sometimes, a later sentencing date is selected. If the decision is not guilty, then the case is over, and the defendant (a.k.a. client) is allowed to leave without any conditions. You will be free to never have this charge raised again (in a criminal court by the same “sovereign”). If the jury cannot decide, it is called a “hung jury” or mistrial. The prosecution has the option of starting the case all over again.

Felonies vs. Misdemeanors in Washington

Generally, if you are in District or Municipal Court then your case is a misdemeanor. Most Misdemeanors are gross misdemeanors – meaning they are punishable by up to 364 days in jail and/or a $5,000.00 fine. Superior Court has general jurisdiction meaning it can handling felonies and misdemeanors. However, the court is so busy that misdemeanors are generally left to the district and municipal courts. So, as a general rule, if you do not know what type of case you have, if you are in Superior Court then it is a felony. If you are in District or Municipal Court then it is a misdemeanor.

Even if you are charged with a felony in Superior Court, a strong challenge to the case may result in the prosecutor being willing to plea bargain down to a misdemeanor. This case will still be in Superior Court but the penalties and the record are all greatly reduced.

Do You Need an Attorney for a Criminal Case?

“I’m guilty, so when I appear for my first court date and the judge asks me for my plea, I’ll just say I’m guilty. I’d be lying otherwise, right?”

Well, the short answer to that is you absolutely need an attorney to help you. First, many people think that they are guilty of something they actually didn’t do. The law is very complex and technical, and an attorney can help you with your situation. Second, whether or not you feel you did something wrong, your first appearance on the case (when you don’t have an attorney who knows all the facts of your situation to advise and assist you) is probably the worst time to make a decision like this. A finding that you are guilty of the crime is a legal outcome that may or may not occur as the result of a process begun by the prosecution and that should not end until all the facts are known and the actions of the government are determined to be justified and correct. Additionally, if you want to plead guilty, you can always change your plea later. To protect your rights, you should make sure that your lawyer has been fully advised of your situation, the actual real-world consequences of your plea and the probable sentence the judge might impose on your case. Even if you are guilty, an attorney can often help you mitigate your sentence or even get a reduced charge in your case.

What Would a Criminal Defense Attorney Charge to Represent You?

Please see our page on fees.

In Which Courthouses Do We Represent Clients?

We represent persons accused in federal court. We represent clients in the District and Superior Courts of Pierce, Thurston, Kitsap and southern King counties. Other locations are available only by special arrangement. Also, we appear in most of the municipal courts in the area: Tacoma Municipal Court, Kent Municipal Court, Olympia Municipal Court and Port Orchard Municipal Court, to name just a few of the largest examples.

Why Choose Us?

When you come to our Tacoma office, you will meet with a team of attorneys who are dedicated to your needs. We understand the importance of strong criminal defense representation, and we take the time to develop personalized strategies for each of our clients. We will review the details of your case to explore any and all options available to you.

Our team will consider all options, including beating or reducing your charges or looking for grounds for dismissal. We put in our best effort in every case we take, and you can rest easy knowing we are fighting for you.

Legal Guides Published On Avvo.com By Derek

• Firearms Law In Washington for Pre-1996 felony convictions – Read Guide
• Three things not to do at your arraignment to ensure that you go home afterwards – Read Guide
• 4 Reasons to get an attorney to help you with Protection Orders – Read Guide
• Top three reasons to get an attorney to represent you in a Domestic Violence case – Read Guide
• Tips for dealing with suspended licenses – Read Guide
• Some Practical Do’s and Don’ts Involving Use of Deadly Force in Washington State – Read Guide
• Why you want an attorney to handle your drug asset forfeiture – Read Guide
• Does a victim need to “press charges” in Washington for a person to be charged with a crime? – Read Guide

Legal Guides Published On Avvo.com By James

• Getting that Pesky Dismissed or Vacated Charge off Your Record – Read Guide
• Constructive Possession and Unwitting Possession – Read Guide
• Were You Read Your Rights? – Read Guide
• So You Admitted You were Driving – Read Guide
• Do You Need to Intend a DUI? – Read Guide
• Stopped for Lane Travel – Read Guide
• Field Sobriety Tests for DUIs – Read Guide
• How to Get the No Contact Order Dropped – Read Guide
• Top Ten Responses to Being Interrogated by Law Enforcement – Read Guide
• What to Bring to Your Arraignment – Read Guide

Our Washington Criminal Defense Attorneys Can Help

If you have more questions about your criminal law needs, contact us today to answer your questions. Call us at (253) 203-1645 or email us here to schedule your initial consultation today.

(And What You Need to Know If You Live in Tacoma or Pierce County)

Clearing a criminal record is a powerful step toward a better future—but it can also feel confusing and frustrating. In Washington State, there are two key legal processes that can help: expungement and vacation of conviction records. These tools can give people a second chance by limiting public access to their criminal history. But myths and misinformation abound, making it harder to understand your options.

Whether you were arrested and never charged, or you’ve completed your sentence for a conviction, it’s important to know the truth. Here are five common questions—and the real facts—about clearing a criminal record in Washington State.

Does Clearing Your Criminal Record Erase Everything?

Reality: Expungement and vacation help—but they don’t make your record disappear entirely.

In Washington State, “expungement” typically refers to the deletion of non-conviction data, like an arrest that didn’t lead to charges or a case that was dismissed. This process removes the record from the Washington State Patrol database, which is used for background checks.

But even if expunged, some entities—especially law enforcement, courts, and certain government agencies—may still have limited access to these records for official purposes. Additionally, private background check companies may have already obtained your record prior to expungement, and they are not always required to update their databases promptly.

For convictions, Washington doesn’t use the term “expungement.” Instead, the court may allow you to vacate your conviction. This does not delete the record, but it does update your court record to show that your conviction has been vacated. Once vacated, you are no longer considered convicted of that crime, and you can legally state on most job and housing applications that you have not been convicted.

Can You Clear Any Offense from Your Criminal Record?

Reality: Eligibility for expungement or vacation depends on the type of case—and your personal circumstances. In Washington State:

Expungement is available only for non-conviction records, including:

• Arrests that never led to charges.
• Charges that were dismissed.
• Cases where you were acquitted (found not guilty).

To qualify, you typically must wait two years from the date of dismissal or final disposition with no further criminal charges or convictions during that time.

Vacating a conviction is a separate legal process and applies to certain misdemeanor and felony convictions, but with several restrictions:

• Domestic violence-related offenses have added requirements and longer wait periods.
• Sex offenses, DUI convictions, and certain violent felonies are not eligible to be vacated.
• You must meet a waiting period (generally 3 to 10 years) depending on the offense and whether you’ve had any new convictions or pending charges.

Because these rules are complex, it’s best to consult with a defense attorney to determine if your case qualifies.

Does Clearing Your Record Happen Automatically?

Reality: Nothing about this process is automatic.

Even if you’re fully eligible for expungement or vacation, you must take proactive legal steps to make it happen. This includes:

• Obtaining certified copies of your court records.
• Filing a formal motion or petition with the appropriate court.
• Providing supporting documents.
• In some cases, attending a court hearing.

If you don’t take action, the record remains public. Many people wrongly assume that after enough time has passed, their record “goes away.” It does not.

If the Court Denies Your Petition, Are You Out of Luck?

Reality: You can often reapply—especially if the denial was procedural.

If your motion is denied, it’s usually for correctable reasons, such as missing documents or filing before the waiting period has elapsed. In most cases, you can fix the issue and try again. In fact, judges often encourage petitioners to correct and resubmit rather than giving up entirely.

This is another area where a defense lawyer can be helpful—ensuring your filing is thorough, accurate, and strategically timed.

Do You Have to Handle the Process Alone?

Reality: While it’s possible to file on your own, working with an attorney often improves your chances.

There are forms and guides available online, but the paperwork can be dense and confusing—especially if you have multiple records or your case involves domestic violence, deferred sentences, or overlapping jurisdictions. Having an experienced criminal defense attorney can:

• Save you time and stress.
• Help avoid technical mistakes that lead to delays or denials.
• Improve your odds of a successful outcome.

In Pierce County, many individuals who try to navigate the system without legal help run into challenges with the local rules, court filing processes, or case backlogs in Tacoma courts. An attorney familiar with the Pierce County Superior Court or Tacoma Municipal Court can guide you through the nuances and expectations of local judges.

Collateral Consequences That May Go Away

One of the biggest reasons people pursue expungement or vacation is to move past the collateral consequences of a criminal record. These are the impacts that stick with you long after you’ve served your sentence.

Vacating or expunging a record can help:

• Improve job opportunities: Employers often conduct background checks. A vacated conviction allows you to truthfully answer “no” when asked if you’ve been convicted of a crime.
• Secure housing: Landlords often reject applicants with criminal records.
• Restore civil rights: In some cases, vacating a felony may restore your right to serve on a jury.
• Remove public stigma: Especially in tight-knit communities like Tacoma, an online court record can affect your reputation, even if the charges were dismissed.
• Simplify immigration matters: Non-citizens may benefit from vacating old convictions when dealing with immigration authorities (though this is a complex area that should be handled with an immigration attorney as well).

What’s Specific to Tacoma or Pierce County?

Here are some things to keep in mind if you’re in Tacoma or Pierce County:

• Pierce County Superior Court handles most felony vacation motions.
• Tacoma Municipal Court and District Court (for Pierce County) handle misdemeanor cases depending on where the charges originated.
• Both courts can be strict about proper documentation. If anything is missing or out of order, your case may be delayed.
• Local practices vary. Some courts may require a hearing, while others may rule based on written filings.

Having a lawyer who is familiar with Pierce County court procedures and expectations can make a major difference in avoiding delays and streamlining your process.

Ready to Clear Your Record?

If you’re thinking about clearing your criminal record in Tacoma or Pierce County, we can help you figure out whether you’re eligible—and guide you through the process with confidence.

Whether you were arrested and never charged, or you completed your sentence years ago and are ready for a fresh start, we’re here to help you move forward.

Facing barriers due to an old arrest or conviction? Call our Tacoma office today to schedule a free consultation.

During a criminal trial, prosecutors must ensure that their arguments remain within constitutional limits, particularly when commenting on the absence of defense evidence, and if they fail to do so, the defendant may have grounds for challenging the results of their trial. The standard courts apply when evaluating alleged prosecutorial misconduct is narrow, however, as demonstrated in a recent Washington case involving multiple domestic violence charges in which the defendant sought a new trial on the grounds that the prosecutor’s closing remarks improperly shifted the burden of proof. If you are accused of a domestic violence offense, it is advisable to talk to a Tacoma domestic violence defense attorney regarding your possible defenses as soon as possible.

History of the Case

It is reported that the defendant engaged in a series of offenses involving his former partner, including second-degree assault, multiple felony violations of domestic violence no-contact orders, and two counts of witness tampering. The defendant struck a man with a baseball bat during a confrontation after discovering that the victim was sitting in a car with the protected party. The impact allegedly broke the victim’s arm. It is further reported that the defendant had a history of no-contact orders preventing communication with the protected party yet continued to initiate contact while in jail and after release.

Reportedly, jail records revealed dozens of attempted and completed phone calls placed by the defendant to the protected party’s number. During these calls, the defendant pressured her to persuade the assault victim to recant his statement. The defendant also contacted the protected party again following his release, resulting in additional no-contact order violations. Based on this conduct, the State charged the defendant with eleven felony offenses and pursued a deadly weapon enhancement.

It is reported that the jury returned guilty verdicts on all counts and issued special findings that the defendant used a deadly weapon and that certain crimes were committed against an intimate partner. The court sentenced the defendant to 75 months of confinement, including the deadly weapon enhancement, and imposed a 10-year no-contact order. The defendant then challenged the judgment, asserting multiple procedural and constitutional errors.

Challenge to the Prosecutor’s Closing Argument

The defendant argued that the prosecutor engaged in misconduct by stating during closing that “no contrary evidence was offered” to rebut several elements of the crimes charged. The defendant asserted that these comments unfairly drew attention to his decision not to testify and improperly suggested he had a burden to disprove the State’s case. He also argued that his attorney was ineffective for failing to object to these statements.

The court analyzed whether the prosecutor’s remarks violated the defendant’s Fifth Amendment rights or improperly shifted the burden of proof. Washington law prohibits the State from suggesting that a defendant’s silence is evidence of guilt or that the defense must present evidence. However, the court emphasized that prosecutors may reference a lack of evidence when other witnesses could have contradicted the State’s case. The court found that the prosecutor’s comments were directed at uncontested facts, such as the date and location of the phone calls and the defendant’s prior convictions, and did not imply that only the defendant could refute them.

Ultimately, the court concluded that the comments did not rise to the level of misconduct and affirmed the defendant’s conviction.

Confer with a Seasoned Domestic Violence Defense Attorney

If you are charged with a domestic violence, offense, having a knowledgeable attorney who can assert your rights at every stage of the case is critical. The trusted Tacoma criminal defense attorneys of the Law Offices of Smith & White are committed to providing thorough, strategic representation, and if we represent you, we will evaluate every aspect of your case and fight to protect your future. To schedule a consultation, contact our office at (253) 203-1645 or reach out through our online form today

Mental health sentencing alternatives (MHSA) are designed to provide therapeutic interventions for defendants with serious mental illness, but they carry stringent compliance requirements and judicial oversight. A recent Washington case explored the balance between a defendant’s obligations and the responsibilities of third parties such as community corrections officers and treatment providers. If you face sentencing under a mental health sentencing alternative or are concerned about revocation proceedings, you should talk to a Tacoma criminal defense attorney about your rights.

Factual and Procedural Background

It is reported that the defendant, who had been diagnosed with schizoaffective disorder bipolar type, was arrested after striking a nurse during a mental health evaluation at a hospital. She pleaded guilty to assault in the third degree and was granted a 36-month MHSA by the sentencing court. As part of the MHSA, she was required to comply with numerous community custody conditions, including attending treatment, taking prescribed medications, and reporting to the Department of Corrections (DOC).

Reportedly, following her release, the defendant failed to engage in treatment or remain in a prearranged sober living facility. The court found that she did not comply with the individualized treatment plan developed by Community Integrated Health Services (CIHS) and left her assigned housing after one day, choosing instead to live on the streets. Additionally, the defendant failed to report to her community corrections officer despite being reminded of the requirement. Based on these violations, the State filed a petition to revoke her MHSA.

It is reported that the defendant opposed the petition, arguing that DOC officials and treatment providers did not fulfill their statutory obligations to support her treatment and rehabilitation. She claimed that their failure to provide necessary services and follow-up contributed to her noncompliance.

Grounds for Revoking Mental Health Sentencing Alternatives

The court reviewed the revocation under RCW 9.94A.695, which allows a trial court to terminate an MHSA if the defendant violates conditions of community custody or fails to make satisfactory progress in treatment. The court emphasized that the failure of DOC or treatment providers to fulfill their obligations does not excuse a defendant’s noncompliance. Despite the defendant’s assertions, the court held that the record contained substantial evidence of her repeated violations, including failure to engage with her treatment plan or report to DOC.

The court also considered the sentencing issues. It is reported that the defendant was sentenced to 57 months of confinement followed by 12 months of community custody. However, RCW 9.94A.695 does not authorize the imposition of community custody after the revocation of an MHSA. The court accepted the State’s concession that this was an error and remanded the case to strike the community custody term.

Consult a Knowledgeable Washington Criminal Defense Attorney

If you are charged with an assault crime, it is smart to speak to an attorney about your possible defenses. The knowledgeable Tacoma criminal defense attorneys of the Law Offices of Smith & White can evaluate your case and aid you in seeking the best legal outcome possible. To arrange a confidential meeting, contact our office at (253) 203-1645 or reach out through our online form today.

If you have a previous DUI on your record, you might already be familiar with the process.  However, what you might not know is that there is a mandatory minimum sentence for all levels of DUI for a second offense.

Under RCW 46.61.5055, all DUI offenses have a jail requirement.  This mandatory minimum sentence requires at least 48 hours in jail, even for a first offense, with second offenses getting at least 30 days in jail.  There are ways to get this converted to home confinement instead, but you need to show a jail sentence would create substantial hardship.

For help fighting DUI charges, call the Washington DUI lawyers at the Law Offices of Smith & White at (253) 203-1645.

Is there a Mandatory Minimum Jail Sentence for a Second-Time DUI in Washington?

Sentencing laws for DUI in Washington state are very strict.  CRW 46.61.5055 contains subsections for each of these levels of DUI offense, plus sections for repeat offenses:

• DUI with a BAC under .15%
• DUI without a BAC (for reasons other than refusal)
• DUI with a BAC of .15% or higher
• DUI without a BAC because of refusal

Mandatory Jail for Second Offenses

By the letter of this law, all second offenses have a mandatory jail sentence.

For a BAC under .15% (or missing results without refusal), having one prior offense gives you a mandatory 30-364 days in jail plus 60 days of electronic home monitoring (EHM).

For a BAC at or over .15% or a missing BAC because of refusal, the mandatory sentence is 45-364 days in jail plus 90 days of home monitoring.

Mandatory Jail for Third Offenses

If you have two prior DUIs on your record, a low-BAC DUI gets you 90-364 days in jail, 6 months in a 24/7 sobriety program, and 120 days of home monitoring.

If you have two priors, a high-rate DUI or refusal DUI gets you 120-364 days in jail, 6 months in a 24/7 sobriety program, and 150 days of home monitoring.

Mandatory Jail Time for First-Time DUIs

If you already had one prior DUI, you might be aware that 24 hours in jail is also mandatory for first-time offenses.  However, alternative home confinement/home monitoring is more popular for first-time offenses, so you might not have even been aware that 24 hours is “mandatory.”

Can I Do Probation or House Arrest Instead?

If you did home monitoring (i.e., an ankle monitor) for your first offense, you might be hoping to get a similar punishment or probation instead of jail time for a second DUI.  While it is possible, your Washington DUI lawyer must show that jail time “would impose a substantial risk to the offender’s physical or mental well-being.”

Legal Standard

This substantial risk standard usually means showing you have some physical or mental condition or disability that would make jail time especially burdensome.

You may also be able to show that missing your role as primary caregiver for a child or disabled/elderly adult would cause you a mental burden, but this is not strictly within the terms of the kind of “substantial risk” the law envisions.

Judge’s Decision

The judge ultimately decides if you can use an alternative sentence.  The statute requires them to state, in writing, the reason for their leniency, and it gives some examples of things to consider.

One thing the judge can explicitly consider is participation in a 24/7 sobriety program before being tried and sentenced.  If you do this, the judge might allow you to continue doing the sobriety program as punishment instead of jail time.

Electronic Home Monitoring Alternative for Second-Time DUIs

If you do meet this standard, you can get the “alternative” sentence, which is also built into the statute.

Under this alternative, there are two possible sentences:

• Electronic home monitoring for a longer period
• Participation in a 24/7 sobriety program.

For low-rate second-time DUIs, the EHM alternative is 180 days, and the 24/7 sobriety alternative is 120 days.

For a high-rate second-time DUI, the EHM alternative is 6 months, and the 24/7 sobriety alternative is also 120 days.

One thing to consider is that you have to pay for EHM – i.e., you have to pay to rent the ankle monitor and have it checked/monitored.  The same is true for 24/7 sobriety programs, though you might have health insurance that can cover some of this cost.

Remember that this all comes on top of the fines you might face for second-time offenses, which equals $500-$5,000 for a high-rate second offense and $750-$5,000 for a high-rate second offense.

What Counts as a “Prior Offense” for DUIs in Washington

What counts as a “prior offense” is actually very specific under RCW 46.61.5055(14).

7-Year Window

For you to face DUI penalties as a second-time offender, the first offense must have been within the past 7 years.  Older offenses do not count.

For example, if you had a DUI when you were 20 years old and another at 26, the first offense would count as a prior offense.  If you got a third DUI at 28, the first DUI would be too old, but the second offense would still count as one prior DUI.

This counts from the date of the arrest, not conviction.

Offenses that Count as Priors

Any level of DUI counts as a prior offense.  It does not have to be the same high/low-rate offense.  Additionally, violations of equivalent local DUI ordinances (rather than these state DUI laws) also count.

These previous crimes also count as priors for sentencing:

• Drugged driving
• Drunk/drugged boating
• Drunk/drugged aircraft operation
• Driving a non-street-legal vehicle drunk (e.g., an ATV or electric scooter)
• Drunk/drugged snowmobiling
• Vehicular homicide
• Vehicular assault
• Negligent or reckless driving while drunk
• Reckless endangerment involving drunk driving

Out-of-state DUIs that would qualify under Washington’s laws also count as priors.

Call Our DUI Defense Lawyers in Washington Today

For help with your case, call Smith & White at (253) 203-1645 today.

After being convicted and sentenced for a crime, it can feel like your case is over.  However, cases are not truly over if there are still outstanding legal questions that call into question whether your trial was fair or your conviction is just.

The law creates a few different avenues for relief, including “direct appeals” and various forms of “collateral attacks” or “post-conviction relief.”  Our attorneys can help you fight even when it looks like the fight is over, potentially getting you a new trial or vacating the old conviction on legal, factual, or constitutional grounds.

Call the Law Offices of Smith & White’s Washington post-conviction lawyers now at (253) 203-1645 to discuss your case.

Types of Post-Conviction Relief

When you are convicted and sentenced, there are still a few options to get your conviction overturned or get a new trial:

Direct Appeals

Everyone gets the chance to appeal their conviction for legal errors.

Issues must be preserved during trial by objecting or filing motions the judge denies.  Instead of stopping the case and asking a court for review after each objection or denied suppression motion, you wait until the case is over to take those issues to a higher court for review.

The Court of Appeals can overturn convictions based on these and other legal mistakes:

• Improperly denied evidentiary motions
• Improperly denied objections to witness testimony
• Improper court procedures
• Improper jury instructions
• Denied expert witnesses.

Petition for Review

If your direct appeal loses in the Court of Appeals, you can petition the Washington Supreme Court to hear your case.  Unlike the Court of Appeals, having your case heard is not guaranteed; the Supreme Court can deny your petition if they think the issue was settled properly.

In some cases, you can appeal beyond the state Supreme Court to the U.S. Supreme Court, especially for issues dealing with the constitutionality of your conviction.

Collateral Attacks and Post-Conviction Relief

Many states have various post-conviction relief petitions that can be filed for issues other than what happened at your trial.  These “collateral attacks” deal with legal issues surrounding the trial and the overall legality of your conviction.

There are multiple types of collateral attacks our Washington post-conviction lawyers can pursue, some of which are listed below.

Personal Restraint Petition

A personal restraint petition is the petition filed for post-conviction relief based on legal or constitutional issues.  These collateral attacks include issues outside the direct courtroom, not questions of whether rulings were proper.  These issues focus on violations of constitutional rights that made the trial or conviction illegal or unfair.

These are some common examples of grounds for post-conviction relief under a personal restraint petition:

• Ineffective assistance of counsel
• Newly discovered evidence, such as someone else confessing to the crime
• New scientific evidence, such as DNA discoveries
• Discoveries that the prosecution withheld evidence that could have proven your innocence in violation of Brady v. Maryland
• New constitutional amendments or U.S. Supreme Court rulings
• Discoveries of problems with jurisdiction or constitutionality, such as finding out your charges violated the Double Jeopardy Clause.

Most of these petitions need to be filed within 1 year of the end of your original case, though extended filing deadlines are granted for new discoveries, changes to the law, and constitutional/jurisdictional issues.

Habeas Corpus

Habeas corpus petitions are essentially petitions to turn over an illegally held prisoner.  These petitions are not as broadly useful as personal restraint petitions and direct appeals and instead cover rare situations, such as a failure to release a prisoner after their conviction has been vacated.

Federal law also gives a right to file habeas corpus petitions in federal court, but you usually need to exhaust all state relief options first.

Motion to Vacate Judgment

A motion to vacate judgment is potentially filed along with other post-conviction motions, but it is one of the specific procedural tools we need in many appellate cases.  This petition allows you to fight errors and fraud, as well as actually request that the court remove your guilty verdict and grant you a new trial.

Motion for a New Trial

Along with a motion to vacate, a motion for a new trial is the formal request to try your case again.  In many post-conviction relief cases, “winning” does not mean that you beat the charges but rather that you undid the conviction and set the case back to the pre-trial stage.

Getting a new trial essentially means you won your appeal.

If the prosecution still wants to convict you, they need to try again, following the law this time.  However, many prosecutors are willing to negotiate pleas or even drop the charges at this stage, especially if you already spent significant time in prison or your post-conviction petitions proved your factual innocence.

Expunging, Sealing, and Vacating Convictions

Once you have a record of conviction, it remains with you.  That can make it harder to find work or get accepted into college.  Having your record sealed or vacated/expunged can remove that obstacle.

Juvenile records are usually “sealed” when you become an adult, meaning no one can see them or use them against you.  Adult records can also be “sealed” in rare instances.

Otherwise, convictions can be “vacated” to remove them from your record in what we informally call “expungement.”  This usually means serving all time, paying all fines, and waiting a certain amount of time before requesting expungement.

If you have repeat convictions or additional convictions after the one you want to vacate, expungement might be blocked.  Some crimes cannot be vacated or expunged, such as serious violent crimes.

Other Sentencing Modifications

Some punishments extend beyond your jail time or probation, such as restrictions on your right to own a firearm or requirements to register on the sex offender registry.  Once the time limit expires, our lawyers can file to have these restrictions lifted.

Call Our Post-Conviction Relief Attorneys in Washington State Today

Have the Washington post-conviction lawyers at Smith & White review your case by calling (253) 203-1645.

Being accused of a crime can be a daunting and life-changing experience. The possibility of incarceration, either in jail or in prison, may weigh heavily on the accused and their loved ones. However, several legal strategies can be employed to reduce or eliminate the possibility of jail time. There are a number of ways the Tacoma criminal defense attorneys at The Law Offices of Smith & White, PLLC, can help eliminate the fear of jail. This article will explore a variety of such methods, from pretrial diversion programs to alternative sentencing options.

Pretrial Diversion Programs

In Washington State, pretrial diversion programs offer an alternative to the traditional criminal justice process. These programs are designed to rehabilitate offenders without the need for a trial or the imposition of a criminal sentence. Participants typically agree to complete specific requirements, such as community service, drug or alcohol treatment, or counseling. Upon successful completion of the program, the criminal charges may be dismissed, effectively keeping the accused from going to jail.

Plea Bargaining

Plea bargaining is another strategy that can be employed to avoid jail time. In this process, the accused agrees to plead guilty to a lesser charge in exchange for a more lenient sentence. This method is often used when the evidence against the accused is strong and the chances of acquittal at trial are low. Plea bargains can result in reduced charges or probation instead of incarceration, depending on the specifics of the case and the negotiation skills of the defense attorney.

Deferred Prosecution

Deferred prosecution is an option for misdemeanor allegations in Washington State. In this arrangement, the court agrees to postpone the sentencing for a specified period, during which the accused must comply with certain conditions. These include drug or alcohol treatment and/or mental health counseling. Although this option requires 5 years of probation, If the accused successfully completes the required conditions, the charges will be dismissed allowing the individual to avoid jail time.

Mental Health or Drug Court

Washington State has specialized courts, such as mental health and drug courts, that focus on addressing the underlying issues contributing to criminal behavior. These courts offer treatment programs and support services tailored to the specific needs of the accused. Participation in these programs can lead to reduced sentences or even the dismissal of charges, provided the individual complies with the court’s requirements and shows progress in their treatment.

Alternative Sentencing Options

Finally, alternative sentencing options can be explored to keep an accused person from going to jail. Some of these options include electronic home monitoring, work release programs, or community service. Judges have discretion in sentencing and may be open to considering alternative punishments, particularly for first-time or non-violent offenders.

Fighting the Charge

Sometimes you just need to fight the case and win to avoid jail time and/or prison time. We have a number of legal strategies for winning cases at trial. Both the partners at The Law Offices of Smith & White, PLLC, are tested by trial. Each has many years of experience arguing cases to judges and juries.

Learn More About How Our Criminal Defense Attorneys Can Help

Facing criminal charges in Washington State can be a frightening experience, but there are various legal strategies available to reduce or eliminate the prospect of jail time. By working closely with a knowledgeable defense attorney, the accused can explore options such as pretrial diversion programs, plea bargaining, deferred prosecution, specialized courts, or alternative sentencing arrangements. These strategies can offer a second chance for the accused, allowing them to address the issues that contributed to their involvement in the criminal justice system and move forward with their lives.