How Prosecutors Decide to File Charges in Washington

Understanding Prosecutorial Discretion and Early Defense Intervention

In Washington State, the decision to initiate criminal charges rests with the prosecuting attorney—not the police. Although law enforcement officers may arrest individuals and submit investigative reports, it is the prosecutor who ultimately determines whether formal charges will be filed, which charges to pursue, and how the case will proceed. Understanding the criteria prosecutors use in charging decisions—and how early intervention by defense counsel can affect the outcome—is critical for anyone facing potential criminal prosecution.

Prosecutorial Discretion

Prosecutors in Washington have broad discretion when determining whether to file charges. While the legal threshold for charging is probable cause—a reasonable belief that a crime was committed and that the suspect committed it—prosecutors also consider a range of other factors, including:

  • Strength and credibility of the evidence;
  • Statements from law enforcement and witnesses;
  • Victim input, particularly in sensitive cases;
  • The defendant’s criminal history or lack thereof;
  • Office policies and resource allocation;
  • The likelihood of conviction at trial.

This discretionary power allows prosecutors to consider not only whether a crime occurred, but whether pursuing charges serves justice and the public interest.

Charging Procedures in Washington

Misdemeanor Charges

For misdemeanor offenses (e.g., shoplifting, DUI, disorderly conduct), city or county prosecutors typically review law enforcement referrals and file charges directly in municipal or district court. These cases often proceed quickly and may not involve substantial pre-filing review.

Felony Charges

In felony matters, the process is more formal. County prosecuting attorneys handle these cases, and their offices often have designated intake or filing units that evaluate each case before charges are approved. In some instances, prosecutors may decline to file charges immediately and request additional investigation.

Pre-Filing Intervention: A Critical Opportunity

One of the most strategic opportunities in a criminal case occurs before charges are formally filed. If an individual is under investigation or has been arrested but not yet charged, a criminal defense attorney may be able to intervene during the pre-filing phase to:

  • Present exculpatory or mitigating evidence;
  • Submit statements or documentation refuting the allegations;
  • Negotiate reduced charges or pre-charge diversion;
  • Request that no charges be filed at all.

This type of early legal advocacy—often referred to as pre-charge representation—can significantly influence a prosecutor’s decision-making process and may prevent a case from ever being filed in court.

Post-Charge Considerations

Once formal charges are filed, the case proceeds through the criminal justice process. The defendant will appear at arraignment, where charges are read, and release conditions are set. From there, the case advances through discovery, pretrial motions, negotiations, and, if necessary, trial. While charges can still be amended or dismissed after filing, the legal and procedural hurdles are far greater than in the pre-filing stage.

Anyone contacted by law enforcement or under investigation—even if not formally charged—should seek legal representation immediately. The earlier an attorney becomes involved, the greater the likelihood of influencing the outcome before charges are finalized.

Contact the Law Office of Erin Bradley McAleer

At the Law Office of Erin Bradley McAleer, we understand the charging process and the importance of early, strategic intervention. Our attorneys work directly with prosecutors to present compelling defenses before charges are filed. If you or a loved one is facing potential criminal charges in Washington, do not wait to act. Call us at (360) 334-6277 or schedule a free consultation today to speak with an experienced criminal defense attorney.