WHAT WILL HAPPEN WITH MY CASE INBenton County District Court?

Benton & Franklin Counties  A public service provided byBENTON & FRANKLINOFFICE OF PUBLIC DEFENSE7122 W. Okanogan Pl, Bldg AKennewick, WA 99336509-222-3700 Bentonfranklindefense.org

So you got cited into court

Whether it was a traffic stop or something else, the bottom line is you now have a citationordering you to court. What is going to happen? Will you lose your job? Go to jail? Needa lawyer?

This guide is designed to give you a better idea of what willhappen to your case in BentonCounty District Court. Hopefully it can give you some peace of mind.

IMPORTANT: Nothing contained in this slide show is intended to be legal advice. You should speak with your public defender or attorney if you have any questions about your specific case.

The #1 Most Important Thing You Must Do…

GET TO COURT!!!Show up in court at the date and timeindicated on your ticketANDShow up every other time as orderedby the court.

If you don’t show up to court whenyou’re supposed to, you increase yourchances of:

- More charges, including Bail Jumping- Being held in jail on bail- Getting a harsher plea offer from the prosecutor

OVERVIEWHere are the basic steps each District Court Case takes

STEP 1: You Received a “ticket” from a police officer ordering you to be in court on a certain date and time

STEP 2: Go to court for your first court date, called Arraignment.

You may request a public defender hereYou will get a new court date here

STEP 3: Go to your next court date, called PretrialHere, you will decide how to resolve your caseIf you or your public defender needs more time then

you may end up with multiple Pretrials

OVERVIEWHere are the basic steps each District Court Case takes

STEP 4: Sentencing or Trial ReadinessIf you accept the prosecutor’s plea offer then you

will proceed directly to SentencingIf you want a trial, then you will go to one last

hearing called Trial Readiness

STEP 5: TrialThis will take anywhere from a few hours to a few

daysYour public defender will work with you to make

sure everything is ready for your defense

STEP 1You Received a criminal citation

from a police officer

If you receive a ticket that says “criminal” at the top, like the one to the left, then it is a criminal citation.

With a criminal citation, you mustgo to court on the date listed under “Mandatory Court Appearance”

STEP 2Your first Court date

This is called the arraignmentAt your arraignment you will

Be read your rights and told what you are charged with

Have the opportunity to request a public defender

Sometimes have the chance to resolve your case if the prosecutor makes you a plea offer

STEP 3Your Pretrial

Contact your Public Defender before this date to talk about your case.

Show up to Court or risk getting a Warrant for your arrest!

Here, your Public Defender should have a “plea offer” from the Prosecutor.

You have 3 OPTIONS to resolve your case

Step 3 continued…YOUR OPTIONS at Pretrial

OPTION 1: Continue your court date

OPTION 2: Accept the plea offer- This will resolve your case.

OPTION 3: Go to Trial- Your case will resolve after trial.

MORE ON YOUR OPTIONS AT PRETRIAL

Option 1: Continue to another date & time

Here, you just push your court date out to another date in the future so you and your public defender can take more time to investigate your case, negotiate with the prosecutor, talk to witnesses, etc.

You MUST appear at the next specified date and time or risk getting a WARRANT for your arrest!

You will most likely be required to agree to a reset of your “speedy trial” in order to continue your case

YOUR OPTIONS AT PRETRIAL:

Option 2: Accept plea offerThe plea offer may involve a guilty plea with

certain sentence recommendation, or a Stipulated Order of Continuance or deferral

You should always take the time to discuss your case with your public defender before accepting a plea offer.

The acceptance of plea offers may have many consequences that you may not have considered including immigration consequences and firearms rights consequences.

LAST PRETRIAL OPTIONOption 3: Set your case for Trial

Here you are telling the court that you want to force the prosecutor to prove to a jury that you committed the crime you are charged with.

You MUST appear at the next specified date and time or face additional consequences with the court.

Keep in touch with your public defender. If your public defender asks you for witness

names, phone numbers etc, make sure to provide this as soon as possible so he/she can be ready for your trial.

QUICK TIPS for a successful District Court experience

1.Always show up to court on time! Even just being late can get you a warrant!

2.Do NOT talk to anyone about your case except your public defender! This includes family and friends – unless you want them to be forced to testify against you.

3.Keep in contact with your public defender.

4.Follow ALL court orders!

This has just been a basic overview of what happens with the typical case in Benton County District Court.

Talk to your Public Defender if you have any more questions about your case or this process!

Once again, nothing in this presentation is intended to be legal advice. Only your public defender (or other lawyer) can give you legal advice.