Supreme Court
The Supreme Court is the highest Court in the State. It has the power to review decisions of the Appellate Courts. The Supreme Court of Washington is located in Olympia Washington.
Appellate Court
The Appellate Courts has the power to review decisions of the Superior Courts. The Washington Appellate Court system is divided into three divisions: Division 1 which covers the Puget Sound Area, Division II which covers Southwest Washington, and Division III which covers Eastern Washington.
Superior Court
Typically, the Superior Court acts as the trial court for felony cases. A Superior Court may also act as an appellate court for decisions from courts of limited jurisdiction, i.e. District or Municipal Courts. Each county has its own Superior Court.
District Court
District Court is a court of limited jurisdiction. District Court is the trial court for gross misdemeanors, misdemeanors, as well as infractions. Each County has its own District Court system.
Municipal Court
A Municipal Court is a court of limited jurisdiction. Municipal Courts act as the trial court for gross misdemeanors and misdemeanors alleged to be committed in its jurisdiction, i.e. within the physical boundaries of their city limits. Each municipality may either have its own court or contract with the county to use the county District Court.
First or Preliminary Appearance
Typically, at the first or preliminary appearance a person charged with a crime appears before the judge who will determine whether that person will be released, or whether that person will be held in custody. Generally, if a person is released the judge will set certain conditions. Should a person fail to abide by those conditions, they are subject to being taken into custody. If a person is held in custody, the judge will set bail in an amount that will secure the person’s appearance at future court dates.
Arraignment
At an arraignment, a person charged with a crime is called before the Court and advised of the charges against him. A person will enter a plea of guilty, not guilty, or guilty by reason of insanity. Upon a plea of not guilty, dates are set for a pre-trial/omnibus hearing, trial confirmation hearing, and trial.
Pre-Trial or Omnibus Hearing
Pre-trial or omnibus hearings are procedural in nature and designed to ensure the case is proceeding along properly. Issues regarding discovery exchange may be raised, motions may be argued, or argument may be scheduled for a later date.
Trial Confirmation
Typically at trial confirmation, the trial date is confirmed and the next time a defendant appears in court is for trial. However, from time to time and for various reasons, some trials are continued rather than confirmed and new trial dates are selected.
Trial
At trial the prosecution bears the burden of proving each and every element of the crime beyond a reasonable doubt. The defendant cannot be compelled to testify, however, they may testify if they so choose. The defendant may confront the witnesses called to testify against them, and may call their own witnesses to testify on their behalf. If the prosecution fails to prove each and every element of the crime beyond a reasonable doubt then the defendant must be found not guilty and the case is dismissed.
Fourth Amendment
Freedom from Unreasonable Searches and Seizures. The Fourth Amendment to the United States Constitution provides that: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….”
Fifth Amendment
The Right to Remain Silent. The Fifth Amendment to the United States Constitution provides that: “No person … shall be compelled in any criminal case to be a witness against himself….” No Double Jeopardy. The Fifth Amendment to the United States Constitution also provides that: “No person shall… be subject for the same offense to be twice put in jeopardy of life or limb….”
Sixth Amendment
The Right to Counsel. The Sixth Amendment to the United States Constitution provides that: “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense.”
The Right to a Speedy and Public Jury Trial. The Sixth Amendment to the United States Constitution provides that: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury….”
The Right to Confront Witnesses. The Sixth Amendment to the United States Constitution provides that: “In all criminal prosecutions, the accused shall enjoy the right… to be confronted by the witnesses against him….”
The Right to Call Witnesses on Your Behalf. The Sixth Amendment to the United States Constitution provides that: “In all criminal prosecutions, the accused shall enjoy the right… to have compulsory process for obtaining witnesses in his favor….”
Eighth Amendment
No Excessive Bail. The Eighth Amendment to the United States Constitution provides that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.”
Felonies
Class A: The maximum penalty for a Class A Felony is life in prison and a fifty thousand dollar fine.
Class B: The maximum penalty for a Class B felony is ten years in prison and a twenty thousand dollar fine.
Class C: The maximum penalty for a Class C felony is five years in prison a five thousand dollar fine.
Misdemeanors
Gross Misdemeanor: The maximum penalty for a gross misdemeanor is one year in jail and a five thousand dollar fine.
Misdemeanor: The maximum penalty for a misdemeanor ninety days in jail and a one thousand dollar fine.
Infractions
Infractions are non-criminal violation of law defined by statute. For example, speeding, parking, or traffic or non-traffic violations.
