Learn about your legal rights after an arrest in Washington, including your right to remain silent, an attorney, release, and a fair defense.

Many people don’t know how to act after they have been arrested for a crime. However, it is very important to remember that being arrested for a crime does not mean that you have been convicted of that crime.

Important information regarding the legal rights of individuals arrested in Washington and how best to safeguard their interests after an arrest for criminal charges.

What happens after an arrest for DUI, possession of drugs, assault, theft, domestic violence, sex offense, etc.? What steps will you take to defend yourself through the entire process of your criminal case?

What Are Your Rights After an Arrest?

This section describes your rights after an arrest in Washington state.

  • The right to remain silent
  • The right to an attorney
  • Your right to have an attorney appointed if you are unable to afford one.
  • The right to be informed of the charges against you
  • The right to challenge unlawful searches and seizures
  • The right to a court hearing regarding your release from jail and the conditions of release that you will be placed under.
  • The right to due process
  • The right to defend yourself against criminal allegations

Washington’s criminal rules also recognize the right to counsel in criminal matters where liberty of the person could be affected. The time when the right to counsel first attaches is as soon as practicable after the time of arrest, first appearance and/or arraignment and formal charge of a criminal offense(s).

  1. You Have the Right to Remain Silent

Make sure you keep quiet about the arrest.

General rule: You don’t have to explain your side of the events to the police just because they ask you questions.

You can calmly say:

“‘I want to remain silent, and I want to speak with an attorney.’”

Staying silent at arrest is crucial. If a person confesses or explains their involvement in a crime during the time of their arrest, those admissions can later be used against them in a criminal case.

Why staying silent matters

These statements can be very harmful when used as evidence against you in your criminal case. Even seemingly innocuous statements can be given a ‘bad’ light when read in conjunction with other evidence.

Your right to remain silent does not imply guilt; it simply protects your right to a fair trial by keeping your statements out of evidence.

  1. You Have the Right to an Attorney

You have the right to legal representation in a criminal case.

Washington Superior Court Criminal Rule 3.1 sets out the right to counsel in all criminal proceedings where there is a possibility a person may be subjected to criminal process resulting in loss of liberty. In addition, Rule 3.1 mandates that a person arrested be advised of the right to counsel.

Again, if you wish an attorney, simply inform the officer that you want an attorney.

Don’t talk about your case with the police after you have requested an attorney. The lawyer can advise you on what to do next.

What if you cannot afford a lawyer?

In many cases, people who cannot afford a lawyer to represent them in criminal matters will have an attorney appointed for them by the court, if they qualify financially.

Appointed counsel for indigent criminal defendants is governed by Washington law requiring a court or its designee to determine whether a particular individual is indigent for purposes of appointed counsel in a particular case.

The local rules of Clark County also set out the procedures to determine indigence for the appointment of counsel.

  1. You Have the Right to Know Why You Were Arrested.

An arrest is a result of an alleged criminal offense. You have the right to be informed of the charges or allegations against you as your case makes its way through the courts.

Does your case go in which directions? This is greatly determined by 3 variables.

The court process may include:

  • Arrest and booking
  • Preliminary appearance or first court appearance
  • Determination of probable cause
  • Release or detention decision
  • Formal charging
  • Arraignment
  • Pretrial hearings
  • Discovery
  • Motions
  • Trial or another resolution

Washington’s criminal rules set out the procedures for the preliminary appearance, release, arraignment and other steps in a criminal case.

  1. You May Have the Right to Pretrial Release

An arrest does not mean that you have to be held until the case is completed.

Washington Courts have very specific rules regarding the release of accused persons, including conditions of release and bail.

Some of the factors that a judge will consider are listed below:

  • The nature of the alleged offense
  • The circumstances of the arrest
  • Criminal history
  • Whether the person presents a risk of failing to appear
  • Public safety considerations
  • Other factors permitted by law and the Court.

Some crimes can be released by the court’s discretion on personal recognizance or with certain conditions or for monetary bail.

Keep in mind that each case and court is different, so your attorney will need to assess your options for your specific situation.

  1. You Have Rights During a Preliminary Appearance

You were arrested for a crime without a warrant and the court must address the issue of probable cause and your release from jail.

Washington’s criminal rules contain a particular procedure that applies to a preliminary appearance following a warrantless arrest.

At this initial stage in the criminal case the court may:

  • The allegations against you
  • Probable cause
  • Release
  • Bail
  • Conditions of release
  • Appointment of counsel

This hearing is a crucial step in a criminal case.

  1. You Have the Right to Challenge an Unlawful Search

Simply because you were arrested by the police does not mean that every search and every seizure by them is lawful.

Depending on the circumstances, your attorney may examine:

  • Why police stopped you
  • Whether officers had legal grounds for the search
  • Whether police obtained a warrant
  • Whether an exception to the warrant requirement applied
  • What officers knew before conducting the search
  • Whether police exceeded the scope of their authority
  • Whether the constitutional rights of the accused were violated by the actions of law enforcement.

Washington’s criminal rules set forth particular procedures with regard to issues of search and seizure and suppression hearings as a part of Criminal Rules regarding suppression hearings.

If, in the investigation and arrest of a criminal accused, evidence was illegally obtained by the police, such evidence can be taken from consideration by the court by the defense attorney.

  1. Statements Made by You Under Adversity Can be Excluded from Use Against You.

Even if a person is under investigation or arrested for a crime, he or she does not have to answer any questions that the police may ask him or her.

Your attorney reviews all of the statements made by you to police and determines whether any constitutional or procedural rights were violated.

The Criminal Rules address the admissibility of confessions and statements given by defendants to law enforcement during an investigation or after an arrest.

This is particularly important in a case where a lot of the evidence against a defendant are statements that the defendant made to police.

  1. You Do Not Have to Plead Guilty Immediately

Being arrested does not mean you have to plead guilty right away.

At arraignment, the court will set the matter for trial and you will enter a plea of guilty or not guilty to the criminal charge(s) against you. In Washington, arraignment is defined as the proceeding before which the accused is brought for the purpose of his plea to the criminal charge(s) against him.

These are just some of the many options available to you depending on the specific facts of your case.

  • Pleading not guilty
  • Challenging evidence
  • Filing pretrial motions
  • Negotiating a resolution
  • Proceeding to trial

Before making a decision on a plea, you should know the consequences of that plea.

  1. Right to Inspect Evidence against Client

A criminal defense attorney can review the evidence that the prosecutor plans to use to prove the case against you.

Depending on the case, evidence may include:

  • Police reports
  • Witness statements
  • 911 recordings
  • Body-camera footage
  • Surveillance video
  • Photographs
  • Text messages
  • Phone records
  • Forensic evidence
  • Medical records
  • Digital evidence
  • Search warrants
  • Statements attributed to the defendant

Discovery rules for criminal cases are found in Washington’s criminal rules and govern the disclosure of evidence in a case.

Reviewing the evidence for a criminal case can help uncover a variety of issues including weaknesses, inconsistencies, constitutional issues and possible defenses.

  1. You Have the Right to Defend Yourself Against the Charges

The prosecutor must try a case in criminal court in accordance with certain rules. An arrest does not mean there has been a conviction.

Your attorney will investigate the charges against you and verify that there is sufficient evidence for the case to be tried under the appropriate criminal statutes.

Depending on the circumstances, the defense may investigate:

  • Mistaken identity
  • Lack of evidence
  • Self-defense
  • Lack of intent
  • Alibi evidence
  • Unlawful search or seizure
  • Unreliable witness statements
  • Inaccurate police reports
  • Constitutional violations
  • Problems with forensic evidence
  • Other case-specific defenses

Since every criminal case is different, the appropriate defense to a criminal charge will depend upon the specific facts and evidence of that particular case.

What Should You Do Immediately After an Arrest?

The time between your arrest and when you are taken before a judge can be important.

Consider these steps:

  1. Stay calm

Resist the urge to physically fight with the police or argue with them about your arrest.

  1. Do not volunteer information

Additionally, it is okay to be silent in regards to your arrest.

  1. Ask for an attorney

Tell them you want a lawyer.

  1. Do not discuss your case with other people unnecessarily

Do not discuss your case with other people unnecessarily through text messages, social media, etc. and recorded phone calls.

  1. Preserve potentially useful information

If you are released keep all paperwork from your arrest, and write down as many details as you can remember as soon as possible.

  1. Follow every court order

Missing a court appearance or violating the terms and conditions of your release can cause more problems for you.

  1. Contact a criminal defense attorney

Early legal advice helps protect your rights and provides your attorney with the opportunity to begin evaluating your case.

What Should You Avoid After an Arrest?

Some actions can make a difficult situation worse.

Avoid:

  • Arguing with police
  • Resisting arrest
  • Threatening officers or witnesses
  • Deleting texts or social media posts
  • Destroying potential evidence
  • Contacting an alleged victim when a court order prohibits contact with them.
  • Discussing your case publicly
  • Posting about your arrest online
  • Agreeing to an interview without understanding your rights
  • Ignoring court dates or release conditions

Don’t think that your case is over if you have already admitted things to police. Inform your attorney of all of the circumstances surrounding your case.

Can Police Keep Questioning You After an Arrest?

An arrest does not necessarily end an investigation.

Police may be continuing their investigation into the charges against you to try to obtain additional evidence to support their case.

Washington law also requires that you be advised of your right to counsel during custodial interrogation and that you be given the opportunity to obtain counsel if you so desire.

It is not necessarily true that anything you say outside of formal proceedings is ‘off the record’. The content of all conversations can be used against you.

What Happens After an Arrest in Washington?

The process for a criminal case can vary depending on the offense(s) for which a person has been arrested.

A typical criminal case may involve:

Arrest → Booking → First Appearance → Release → Charges → Arraignment → Discovery → Pretrial Motions → Negotiation or Trial

Criminal cases can last months or years to resolve, and many resolve by way of negotiation prior to trial.

For example, the current Superior Court Criminal Rule 4.1 outlines the timing of an arraignment for someone who has been arrested and charged with a crime, whether they are still in jail or have been released.

Does an Arrest Mean You Will Be Convicted?

No.

Being arrested does not mean you will be convicted.

Your attorney will review the evidence presented by the prosecution to determine whether or not there is sufficient grounds to contest the charges against you or if an alternative disposition should be sought.

We can further investigate the facts and circumstances of your case, beyond what the police may have investigated and charged you with.

When Should You Contact a Criminal Defense Attorney?

It is often wise to seek the services of a criminal defense attorney quickly after an arrest for criminal charges has occurred.

The fact that early intervention by a Defense Attorney is crucial as many important decisions are made very quickly.

An attorney can help you:

  • Understand the charges
  • Protect your constitutional rights
  • Advise you about communication with investigators
  • Address release and bail issues
  • Review police conduct
  • Investigate the allegations
  • Preserve evidence
  • Evaluate search and seizure issues
  • Review statements and other evidence
  • Explain potential defenses
  • Prepare for court appearances

Washington’s criminal rules recognize the right to counsel at an early stage of the criminal process.

Arrested in Vancouver, WA? Mcaleer Law Can Help

If you are arrested for a crime you could be facing serious consequences. Possible consequences for a criminal arrest include time in jail, fines, restricted freedoms, and negative consequences at work, in school or in other situations.

The attorneys at Mcaleer Law practice and assist clients who have been charged with a wide array of crimes in Washington state.

The sooner you have a clear understanding of the charges against you and the evidence that the prosecutor intends to use to prove the case against you, the better you will be able to make decisions regarding your case.