Criminal Procedures
What Is An Arraignment?
The arraignment is a mandatory first appearance for a criminal citation. It begins with the Judge formally explaining the charges which are being brought against a person and fulfills their Sixth Amendment right to "be informed of the nature and cause of the accusation against them." During this hearing defendants are informed of their Constitutional Rights, have the opportunity to enter a plea if they so choose, and can request either time to hire an attorney or request a court appointed attorney by filling out an Indigency Screening Form.
What Are My Constitutional Rights?
Every person charged with a crime is entitled to certain rights. A crime is an act that is punishable by either a jail sentence or a fine. It does not include a civil infraction. The following are the rights any person has as a result of being charged with a crime:
1. You are entitled to be represented by a lawyer, and if the crime with which you are charged is punishable by a possible jail sentence, and you do not have money or property with which to pay for a lawyer, one will be provided at no expense to you, subject to possible repayment at the conclusion of a the case. The repayment may be ordered if you are found guilty and the Judge believes that you will be able to repay the cost of the lawyer through time payments.
2. You have a right to a speedy and public trial by an impartial jury.
3. You have a right to remain silent before and during trial, and you need not testify against yourself.
4. You have a right at trial to hear and question witnesses who testify against you.
5. You have a right at trial to testify on your own behalf, and to have other witnesses testify for you. These witnesses can be made to appear at no expense to you through the court's subpoena power.
6. You are presumed innocent unless and until the charge is proven beyond a reasonable doubt, or you enter a plea of guilty.
7. You have a right to appeal any decision made in this court, including a decision on guilt, to the Lewis County Superior Court.
8. If you enter a plea of guilty, there is no trial and you give up all these rights, and you will be sentenced based on your plea. You could be sentenced up to the maximum sentence allowed by law.
9. If you plead guilty you are admitting that the crime with which you are charged is true and you will have the right to make a statement to the court before the sentence is imposed by the Judge.
10. If you are not a citizen of the United States, a plea of guilty is grounds for deportation, exclusion from admission to the United States, or denial of naturalization, all pursuant to the laws of the United States.
11. If you are convicted by a plea of guilty, or after a trial, the court may, as part of your sentence, require you pay costs, fees, and assessments authorized by law, and restitution to any victims up to double the amount of the victim's loss or your gain.
If you have any questions regarding any of these rights, you should ask the Judge when your case is called.
If I Am Financially Unable To Hire A Lawyer, How Do I Qualify For A Public Defender?
At the arraignment you may indicate to the Judge that you are unable financially to hire an attorney. The Judge will then request you to complete an Indigency Screening Form which the clerk will provide to you. The form will immediately be reviewed and the court will determine, according to the financial guidelines set forth by the state of Washington, if you qualify for court-appointed counsel. If you qualify, you will receive the name, address and telephone number of the attorney appointed to represent you. It is your responsibility to contact their office for an appointment.
What Should I Wear And How Should I Act In Court?
Suitable attire is required. Shoes and shirts are necessary. Swimsuits are not permitted. Hats are to be removed upon entering the courtroom. No smoking, food or drink will be allowed inside the courtroom. Children may be present in the courtroom, however, the court does not provide child care. Upon your arrival, please check in with the security officer at the end of the hallway and then make your way in to the courtroom. When your case is called, please come forward to the podium.
What Must I Do If I Can't Pay All Of My Fine Today?
If you can’t pay all of your fine at sentencing you may request a time payment agreement.
