Seattle Assault Attorney

How it Works – the Stages of the Case

The first hearing is the arraignment, although some felonies have a first appearance that does not include arraignment if the State does not file its complaint within 72 hours after the arrest. The plea the accused enters at their arraignment should always be “Not Guilty” regardless of the facts and circumstances of your case. It means you are denying legal guilt, whether or not there is factual guilt, and unless you plead “Not Guilty” you’ll waive most if not all of your constitutional rights, criminal defense options and defenses.

The court will also set conditions of release at this arraignment hearing. Prosecutors often ask the judge to impose strict conditions such as setting a bail or entering a No-Contact Order (“NCO”), just as examples.  An experienced King County / Seattle Assault defense attorney can usually effectively resist or at least greatly minimize these conditions, especially on first-time offenses.  These defense techniques are generally not taught in law school, but can only be learned firsthand in the courtroom, through experience practicing law.  It takes years of experience to understand how to effectively maneuver on the client’s behalf in this complicated and ever-changing legal system.

Next, there are Pretrial Conferences, also called Pretrial Hearings (aka “PTR”). Most cases have several PTR’s before they are eventually resolved by negotiation and then a plea deal or are set for trial. They generally occur 4-6 weeks apart. After a few of them, the court will often pressure the defense to conclude the case with a plea deal or go to trial. If a good and fair offer is presented by the prosecutor, the case can be disposed of by a plea deal (plea bargain) at a PTR. During this process, your defense attorney will be investigating your case and obtaining police reports, medical records, audio/video evidence from surveillance footage, officers’ body-cams, on-board patrol vehicle ‘dash cams’, premises surveillance video, interviews from witnesses, victims, experts and law enforcement officers (“LEO’s”) as well as any other evidence related to your case. The government does not always voluntarily provide all of the necessary evidence or all that we are entitled to receive, often requiring the attorney to file a motion to compel discovery.

Pretrial Motions

There are numerous pretrial motions that can have a significant impact on your defense – or even result in the dismissal of your case. A few common ones include motions to challenge probable cause (PC) for the arrest, whether statements made by the police, witnesses, alleged victim or the defendant are admissible, motions to compel or limit discovery and motions based upon violations of your Sixth Amendment Right to Counsel. Pretrial motions require extensive legal briefing and strategic planning to be successful. This includes preparing our witnesses including any expert witnesses.  Many cases also require private investigation to expose the weaknesses of the government’s case.

Readiness Hearing & Trial

Less than 15% of the assault cases filed proceed to trial – the last resort due to the high risk and cost. You may choose to go to trial in the event the prosecution has not offered an agreeable plea deal, or if a conviction would be unacceptable or damaging to your career, citizenship status or personal life. Don’t defend yourself or pursue your defense or with an inexperienced attorney. Phil Weinberg has over 30 years of experience and has a wealth of tools and strategies, some unique and effective, to fight for you and battle the state for your case. Call Phil at (206) 624-1662.  Do not delay.  Evidence gets lost, memories fade.  Act now in your own best interests by hiring the best legal help and defense for your King County assault charge of any degree, whether DV or non-DV.  Call Phil Today for Immediate Help!