Timeline of a criminal case

Reporting

All cases begin when a crime is reported to law enforcement.

Investigation

Police investigate reports of crime and either arrest and charge a suspect at the scene or, after further investigation, refer charges to the City Attorney’s Office for review and a charging decision.

If an arrest is made on scene

If the suspect is arrested on scene, they will appear in court within 24 hours of arrest for an arraignment hearing. The judge will determine probable cause and decide on bail and/or release conditions.

If charges are referred

Sometimes law enforcement will determine that further investigation is needed. Once complete, the police report is sent to the prosecutor for review. The prosecutor will decide if a crime has been committed, how serious the crime is and whether the crime can be proven beyond a reasonable doubt.

Following review the prosecutor may:

• File charges and send a summons to the defendant to appear in court
• Decline to file charges
• Refer the case to another jurisdiction if it is determined the charges are more appropriately reviewed by another agency

Arraignment

The arraignment is the first formal court appearance for the criminal case. At arraignment, the judge will inform the defendant of the charges against them and they will be required to enter a plea. The judge may also appoint a defense attorney, make a finding of probable cause and set bail and other conditions of release.

Pre-trial hearing

Following arraignment, the court sets pre-trial hearings to track the case as prosecutors and defense attorneys are exchanging discovery (reports and evidence) and to determine the parties’ readiness to go to trial or to resolve the case by a plea. It is not uncommon for there to be several hearings set between arraignment and trial while this process is taking place.

Change of plea

At any point before trial, the defendant may decide to plead guilty. A hearing will be set for the court to hear the plea and either set sentencing conditions or set a new sentencing hearing for a later date. Not all cases resolve in a plea. Some cases may proceed to trial while others may result in charges being dismissed.

Set for trial

When a case is set for trial, the prosecution and defense will begin preparations including scheduling interviews with potential witnesses, e.g., victims, law enforcement and additional experts. Pre-trial motions and hearings may be scheduled to address evidence that may be allowed during trial and other matters that must be resolved before a trial begins. Cases rarely proceed to trial on the first scheduled date due to limited courtroom and judicial availability.

Crime victims – The defense attorney or defense investigator may request to interview the victim in a case. The victim may request to have an advocate present to support them. The victim may also wish to have the prosecutor present for any interview. If you want to know more about your rights regarding interviews or if you would like our office to be responsible for scheduling this interview on your behalf, please contact us.

Trial

Trial occurs in front of a judge (bench trial) or a judge and jury (jury trial). Evidence is presented by the prosecutor and defense attorney and witnesses are questioned. The prosecutor must prove the case beyond a reasonable doubt.

The phases of trial are as follows:

• Jury selection
• Opening statements
• Presentation of the prosecutor’s case, defense case and rebuttal
• Closing arguments
• Jury instructions
• Deliberations and verdict

Jury selection

Jury selection is also referred to as “voir dire”. This happens when a panel of potential jurors will be summoned to appear for court. Each juror participates in questioning from the judge, prosecutor, and defense. After jury selection there will be 6 jurors for a District Court case.

Opening statements

After jury selection is complete the prosecution and defense will present their opening statements. During this time, the attorneys outline their case by presenting a summary of the facts and witnesses they intend to call during trial.

Presentation of the case

The prosecutor must prove their case beyond a reasonable doubt and will present first. At this point witnesses will be called and questioned, and evidence will be entered into the court record. Once the prosecutor has finished presenting their case, the defense may call witnesses. Both sides can choose to ask questions of the opposing side’s witnesses. When the defense has finished presenting, the prosecution may call rebuttal witnesses.

Victims and witnesses – The prosecution will contact each witness ahead of the trial date to communicate expectations and work out the logistics for the time and date that the witness should appear. Once you’ve testified, most of your participation in the trial is complete and you may be released from your subpoena.

Closing arguments

At this point, each side will summarize their strongest evidence and facts in the case for the jury. The attorneys will provide legal argument for the defendant’s guilt or innocence.

Jury instructions

Prior to the jury beginning its deliberations, the judge will provide a set of instructions to explain the applicable laws and communicate what is expected of the jury.

Deliberations and verdict

The jury will use the instructions provided by the judge to help them reach a decision or “verdict”. This process can sometimes take several hours. Once the verdict is given to the judge, the parties will return to the court room and the verdict will be read out loud.

Possible verdicts

• Guilty – The defendant is convicted of the crime. The court will schedule a sentencing hearing a few weeks out.
• Not guilty – the jury decides that the prosecution has not met their burden of proving the case beyond a reasonable doubt. The defendant will be released.
• Hung jury – The jury is unable to come to a unanimous agreement on the defendant’s guilt or innocence. The case may be retried at a later date.

Sentencing

After a guilty plea or a guilty verdict, a sentencing hearing is scheduled. During sentencing the court will hear the prosecutor’s sentencing recommendation, consider victim impact statements, hear the defense’s sentencing recommendation and allow the defendant an opportunity to speak directly to the court.

The Washington legislature sets standard sentencing ranges. The judge will typically impose a sentence within the standard range, taking into consideration the parties’ recommendations and any victim impact statements or statements on the defendant’s behalf.

Restitution – The judge may also order restitution to victims for costs sustained in relation to the crime. Often restitution is ordered at a hearing date after the sentencing.

Crime Victims – Victims have a statutory right to provide a victim impact statement to the judge before a sentence is entered. This can be provided in writing, or the victim (or their representative) may address the judge directly during the sentencing hearing.

Restitution hearing

If the defendant pleads guilty or is found guilty at trial, the judge may order restitution to be paid to a victim for costs incurred related to the criminal act. This can include property damage, medical expenses and future medical expenses. Victims must provide documentation of costs, such as receipts, invoices or cost estimates. The court has 180 days from sentencing to order restitution.

Notes on restitution – Restitution is only ordered when a defendant is convicted. If the case is dismissed or the defendant is found not guilty, restitution is not ordered.

Restitution payments depend on a defendant’s ability to pay. If a defendant is found indigent the court will not force the individual to pay.