Kirkland Criminal Defense Attorneys
Washington Criminal Defense FAQs
Q. What is an arrest in the state of Washington?
A. You are under arrest in the state of Washington if you are taken into "custody" by a law enforcement officer, or in some cases, a private citizen. Instead of being legally arrested, you may have been detained if you were held for just a short amount of time.
Q. Is a warrant required for my arrest?
A. If there is probable cause - evidence or fact establishing a logical belief that a crime is being committed, already has, or will be – then a warrant typically is not necessary to arrest someone for a felony crime. A warrant also may not be needed in situations where a misdemeanor is committed with the arresting officer present or in certain misdemeanors outside the officer’s presence.
Q. What are my rights if I’m arrested?
A. Your constitutional rights do not disappear if you are arrested. Before interrogation begins, you must be informed of your Miranda Rights; however, because these rights do not need to be read to you until you are taken into custody, police can still question you before you are in custody and your own responses against you in court of law. Under Miranda Rights, you are entitled to the right to remain silent and the right to have a Washington criminal attorney who can be present during your interrogation. Once you’ve been arrested, you are not required to answer any questions to investigators or police until you have an attorney in attendance.
Q. Does a police officer need a warrant to conduct a search?
A. In most cases, the answer is yes; however, for incidents where there is probable cause that sufficient evidence might be discovered (especially if that evidence is at risk of being destroyed before a warrant has been issued), an officer does not require a search warrant. It is crucial to remember that you have the right to refuse a search by a police officer; however, when making a valid arrest, police are allowed to conduct a body/clothing search to ensure that you do not possess any weapons or other illegal items.
Keep in mind that when refusing to permit a search, your demeanor should be calm and collected and definitely not physical, even if police proceed with their search anyway. Police do not need a warrant to search your person or property if you allow the search to happen or consent to the act. A warrant is also not needed if an object is seen in plain view by an officer who has the right to be in the location. Remember: evidence may be used in opposition to your defense if found.
Q. Why is bail important?
A. In the event that you are brought into custody, you have the right to be brought before a judge in a timely manner to set your bail. In the state of Washington, bail can be paid in the form of a bail bond, in cash, or through a pledge of property if allowed. Bail does not mean that you are free of potential Washington criminal charges; instead, bail acts as a secure means to make certain that you will be present for further criminal proceedings.
Q. What should I look for in a criminal defense attorney?
A. While seeking the most skilled Washington criminal defense attorney that you can find, it is important to find a lawyer who can handle all kinds of complex criminal litigation cases. At McNeese & Trotsky, PLLC, Charles McNeese and Adam Trotsky have the legal knowledge and resources to aid you in cases ranging from violent offenses to white collar crimes. If necessary for you specific situation, we will hire a private investigator, accident re-constructionist, forensic specialist, or other expert witness, to obtain the best possible outcome in your case. For an evaluation and free consultation during your time of need, contact McNeese & Trotsky today.