The following information is directly from the City of Mount Vernon website
Criminal Procedures
Being accused of a criminal or serious traffic offense can be a traumatic and upsetting experience. We hope this information will be of help in guiding you through the process and take some of the mystery out of the procedures. We have tried to anticipate and answer your more frequently asked questions.
WHAT IS AN ARRAIGNMENT?
The arraignment is generally your first appearance in court on the citation or charge. The Judge will inform you of the charge and explain it. The maximum punishment and mandatory minimum punishment, if any, will be stated. No testimony is taken or evidence presented at the arraignment.
WHAT ARE MY CONSTITUTIONAL RIGHTS?
All persons accused of any crime or traffic offense that might result in a jail sentence have the following rights:
- To have a lawyer present with you at all hearings;
- To have a lawyer appointed at public expense if you cannot afford to hire one to represent you;
- To represent yourself without a lawyer;
- To a public and speedy trial;
- To a trial before a jury of your peers;
- To cross examine any witness who testifies against you;
- To call witnesses to testify on your behalf, and have the Court compel their attendance;
- To testify or not testify. If you choose not to, no one can make you testify;
To appeal to Superior Court if you are convicted after a not guilty plea. See Appeals.
SHOULD I TALK TO A LAWYER BEFORE ENTERING A PLEA?
In many cases this is a good idea. There will be a prosecutor at the arraignment to consult regarding the county's recommendations should you wish to dispose of your case at arraignment. If you fail to appear at any hearing, including the arraignment, your bond or bail will be forfeited and the Judge will issue a bench warrant for your arrest.
IF I AM FINANCIALLY UNABLE TO HIRE A LAWYER HOW DO I QUALIFY FOR A PUBLIC DEFENDER?
After your arraignment, indicate to the Judge that you are unable financially to hire a lawyer. The Judge will then refer you to the Office of Assigned Counsel for financial screening. You must be available for all meetings as requested by the lawyer.
IF I PLEAD GUILTY WHAT WILL HAPPEN?
If you plead guilty it means you admit the charge and the elements to prove the charge. By pleading guilty you waive your constitutional rights and in most cases you will be sentenced right then. However, you may speak on your behalf at sentencing. The Judge will then usually review the police report, if available, and sentence you. Some cases may be continued by agreement to comply with certain conditions such as getting a drivers license reinstated and a sentencing date will be given. If such is the case, it is mandatory you appear at the sentencing date regardless of your ability to comply with the agreed conditions.
WHAT HAPPENS IF I PLEAD NOT GUILTY?
A not guilty plea denies the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent and the prosecution must prove you are guilty beyond a reasonable doubt at a subsequent trial. The next hearing will be a pre-trial conference. You and your lawyer, if you have one, are required to be present. At this conference all motions are heard and a trial date is confirmed. Information about all the evidence in the case and witness names are exchanged.
WHAT HAPPENS IF I FAIL TO APPEAR AT MY HEARING?
If you fail to appear for your court hearing your bail or bond will be forfeited and a bench warrant will be issued for your immediate arrest. To get another court date you must either 1) post bail in the amount of the warrant or 2) surrender yourself to the custody of the Skagit County Jail or 3) if you qualify, appear at the court office, pay the appropriate bench warrant fees and obtain a new court date.
WHAT SHOULD I WEAR AND HOW SHOULD I ACT IN COURT?
Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops, and shorts are not permitted. Hats are to be removed upon entering the Courtroom. No smoking, food or drink will be allowed. Court proceedings are important and all litigants appreciate the judge giving full attention to their case without interruptions from other people in the courtroom, therefore small children may not be present in the courtroom. The court does not provide child care. Upon you arrival, find your name on the calendar outside the Courtroom and then have a seat in the courtroom. You do not need to check with the clerk unless your name is NOT on the list. When your name is called, come forward and stand behind the counsel table. Be polite, courteous and remain standing until instructed otherwise by the Judge.
WHAT MUST I DO IF I CANNOT PAY ALL OF MY FINE TODAY?
If you cannot pay all of your fine and assessments at sentencing the Judge or clerk will work out a time payment agreement. This is a contract with the court for installment payments and must be strictly adhered to. Failure to follow the payment schedule can result in late fees, a suspension of your driver's license and assignment to a collection agency.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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