Resources
DUI
Matthew T. Hale and his associates have a great deal of experience representing individuals charged with DUI, also known as DWI. If you have been charged with DUI, the first thing that you should know is that a DUI is a criminal offense in Washington. If you are convicted as charged, you could be sentenced to up to one year in jail and a $5000 fine. Your criminal record will also bring you long lasting consequences in regards to your career choices and driving freedoms. Therefore, it is imperative that you take the charge seriously and hire an excellent criminal defense attorney to represent you. Here is some information that may help you through the process. You can also call or email us anytime for a free consultation.
I. The Arraignment.
The arraignment is the first court appearance that you must attend after being arrested for DUI. When people are initially stopped and arrested for DUI, there are several things that may happen. First, they may be released and told that they will receive notice of an arraignment date in the mail. Second, they may be released with a court date. Third, they may be held in custody until the arraignment date.
At the arraignment, the prosecuting attorney will formally charge you with DUI and then ask you to enter a plea to the charge. You should always enter a plea of not guilty at the arraignment. Even if the evidence against you appears to be overwhelming, you need to plead not guilty so that you can see all of the evidence before making a decision that will affect the rest of your life. Also, you should always reserve your right to a speedy trial within 90 days and your right to a jury trial.
The arraignment is also the time that the prosecutor may ask for conditions of release. Sometimes, the prosecutor will ask that you not be released without posting bail. If this is your first offense and you had a relatively low amount of alcohol in your system, then the typical condition of release is that you not drink until the case is resolved. If you have prior offenses, then the conditions can include mandatory attendance at AA meetings, the imposition of an ignition interlock device on your vehicle, or the imposition of bail. After your arraignment, you will be given notice of your next court date, which is the pre-trial conference. All court dates are mandatory, unless your attorney specifically tells you otherwise.
II. The Pre-Trial Conference.
The pre-trial conference is an informal hearing at which the prosecutor meets with the defense attorney to discuss the case. This gives both sides an opportunity to explore plea bargaining options and to make sure that both sides have exchanged all evidence as required by the court.
At the pre-trial conference, you have three options. First, you may continue the pre-trial conference if you have a good reason. This will allow your attorney more time to prepare a defense. It will also allow you more time to obtain an alcohol evaluation and complete a DUI victims panel, which should always be done prior to the pre-trial conference. Generally you need to sign a speedy trial waiver in order to get a continuance, but it is often in your best interest to do so. Second, you may set the case for a jury trial. If your case is set for trial, your attorney will file several legal motions, schedule a pre-trial motions hearing, schedule a readiness hearing, and schedule a trial date. Third, you may accept a pre-trial offer.
III. The Pre-Trial Motions.
The pre-trial motions hearing is a hearing at which the defense presents arguments on all relevant motions on behalf of the defendant. At the motions hearing, witnesses are often called to testify, including the arresting officers. If the judge rules in favor of the defendant's motions, evidence will be suppressed and often the case will be dismissed. If the case is not dismissed after the pre-trial motions, then a readiness hearing is held.
IV. The Readiness Hearing.
The readiness hearing is a hearing that is set just before the jury trial date. It is the last chance for the parties to resolve the case prior to trial. If no deals are agreed to, then the jury trial date is confirmed.
V. The Trial.
Since a DUI charge is a criminal offense, you have the right to a jury trial. Six people from the community will be called upon to make a judgment in your case.
VI. Sentencing.
If you are convicted of DUI, a sentencing hearing is set to determine how you should be punished. The State of Washington has very specific penalties for DUI.
VI. The Appeal.
If you are convicted of DUI, you have the right to appeal that verdict. This appeal is taken to the superior court in the county where the trial was held. You must appeal a judgment against you within 30 days of the judgment, or you waive the right to appeal.
VII. The Department of Licensing.
When you are arrested for DUI, the officer should give you a Department of Licensing Hearing Request Form. You need to send in this form with $200 in order to have a hearing to contest your license suspension or revocation. You must send this form in within 20 days from the date of the offense. If you do not send the form in, you will be automatically suspended or revoked for a period of time depending on your situation. Since the Department of Licensing and the courts are independent of each other, they both have the authority to impose a suspension or revocation. So, even if you win your Department of Licensing hearing, the court still has the authority to suspend or revoke your license.
VIII. Alcohol Evaluation.
As was stated above, prior to your pre-trial conference, you should obtain an alcohol evaluation from a state-certified alcohol treatment facility. You should call a treatment agency and set an appointment as soon as possible after your arrest.
VIII. Deferred Prosecution.
Deferred prosecution is an option that allows a person who has an alcohol problem, a drug problem, or a mental health problem to complete an intensive treatment program and get a dismissal of the criminal charge. In order to be eligible for this program, you must be found to be alcohol dependent, drug dependent, or mentally ill. Also, you are only allowed one deferred prosecution, so if you have been granted one in the past, you are not eligible for one now.
IX. Summary.
A DUI is a very serious criminal charge. There are incredibly complex issues involved in these cases. Therefore, you should hire an attorney who has successfully handled many of these cases. We have the experience and resources necessary to mount an aggressive defense for you.
Misdemeanors
The Hale Law Firm has extensive experience representing individuals charged with misdemeanors of all sorts. If you are convicted of a criminal offense that is a gross misdemeanor in Washington, you can be sentenced to up to one year in jail and a $5000 fine. On the other hand, if you are convicted of a criminal offense that is a straight misdemeanor, you can be sentenced up to 90 days in jail and a $1000 fine. Therefore, it is imperative that you take the criminal charge seriously and hire a good criminal defense attorney to represent you. You can call us anytime for a free consultation, or you can submit your questions here.
Felonies
We have an extensive amount of experience representing individuals charged with felony criminal offenses. If you have been charged with a felony, the first thing that you should know is that a felony is the most serious type of crime in Washington. The legal definition of a felony is a crime that can include a punishment of over one year in jail. Therefore, it is imperative that you take your charge seriously and hire a good criminal defense attorney to represent you. You can call us anytime for a free consultation, or you can submit your questions here.
Clear Your Record (Vacating Records)
If you have been convicted of a crime in the past, we can sometimes get your criminal record cleared.
I. Misdemeanor vacation.
Washington law permits the vacation of some misdemeanor and gross misdemeanor convictions under certain circumstances. Vacation of a conviction releases you from all penalties and disabilities resulting from the conviction. Once a conviction is vacated, the fact that you have been convicted of the offense may not be included in your criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state that he or she has never been convicted of that crime. However, vacation of a conviction does not affect or prevent use of the conviction in a later criminal prosecution. Also, vacation of a conviction does not automatically restore your right to possess a firearm.
If you want to have a conviction vacated, you must file a motion with the court. Motions for vacation can be filed if
- There are no criminal charges pending against you in any court of this state, another state, or any federal court.
- You have not been convicted of a new crime in this state, another state, or any federal court since the date you were sentenced on the crime you wish to have vacated.
- You have never had the record of another conviction vacated.
- You are not currently restrained, and have not been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an anti-harassment order, or a civil restraining order which restrains one party from contacting the other party.
- The conviction you are seeking to have vacated is not for one of the following crimes: i) DUI under RCW 46.61.502; ii) physical control while under the influence under RCW 46.61.504; iii) operating a railroad while intoxicated under RCW 9.91.020; iv) a sex offense under RCW 9A.44; v) an obscenity or pornography offense under RCW 9.68; vi) sexual exploitation of children under RCW 9.68A; or vii) a violent offense or attempted violent offense under RCW 9.94A.030.
If the crime you are seeking to vacate did not involve domestic violence, then three years must have elapsed since you completed the terms of the original conditions of the sentence. However, if the crime involved domestic violence, you must wait five years to have the conviction vacated.
II. Felony vacation.
Washington law allows some people to vacate certain felony convictions. When a person completes his or her felony sentence requirements, the court of record then discharges the person and provides him or her with a certificate of discharge. Every person who is discharged by the court may apply to the sentencing court for a vacation of the conviction record. The person's record cannot be cleared if any of the following is true.
- Criminal charges are pending against the person in any court in this state, another state, or any federal court.
- The conviction was a violent offense under RCW 9.94A.030(45).
- The conviction was a violent offense under RCW 9.94A.030(45).
- The person has been convicted of a new crime in this state, another state, or any federal court since the date of the person's discharge.
- The conviction was a Class B felony, and less than ten years have passed since the date the person was discharged.
- The conviction was a Class C felony, and less than five years have passed since the date the person was discharged.
If the person passes these tests, the court may clear the record of conviction by allowing the person to withdraw his or her guilty plea and enter a plea of not guilty, or by setting aside the guilty verdict and dismissing the charge against the person.
Once a felony conviction is vacated, the fact that you have been convicted of the offense may not be included in your criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated may state that he or she has never been convicted of that crime. However, vacation of a conviction does not affect or prevent use of the conviction in a later criminal prosecution.
Appeals
We represent many individuals who have been convicted of a criminal offense and wish to appeal that conviction. There are many different types of appeals in Washington. First, you can appeal a misdemeanor conviction up to the County Superior Court. Second, you can appeal a felony conviction up to the State Court of Appeals. Finally, you can appeal administrative decisions, such as Department of Licensing driver's license revocations, up to the State Superior Court. Generally, you cannot appeal a guilty plea. However, if you have already pled guilty, you can collaterally attack a guilty plea. For instance, you can sometimes move to withdraw a guilty plea.
If you are interested in appealing a conviction or judgment against you, you should contact a criminal defense attorney as soon as possible because there are very strict deadlines when appealing cases. In order to appeal misdemeanor and felony convictions and administrative decisions, you must file a notice of appeal within 30 days after the date of entry of the final decision which the party filing the notice seeks to appeal.
Other Resources
Ignition Interlock Device and Occupational License Applications
