Am I Going To Be Criminally Charged? What Is Taking So Long?

If you were involved in some kind of law enforcement investigation or were arrested and then released, you might be wondering whether the prosecutor will take action. Obviously, it is nerve-racking to just sit and wait when so much is on the line. Unfortunately, that is what is happening all over western Washington.

Not really. While the pandemic did set caseloads and trials way behind, the current situation has more to do with labor shortages. Washington is 50th in the nation for number of law enforcement officers per capita and you might think that would result in fewer arrests. However, those officers are working overtime trying to keep up. In fact, they are required to respond to certain calls and make a mandatory arrest — even if the prosecutor will not immediately follow up with criminal charges.

So, while law enforcement has not quite kept up on property crime, they are trying very hard to keep up with DUI and Assault cases (Theft cases are also picking up). However, that doesn’t always mean there are enough prosecutors and public defenders to carry the load as fast as suspects are arrested. Furthermore, the state toxicology lab is still a year or more behind on turning over blood results.

The most common reason for delay in criminal charges on a suspected DUI or Physical Control is a delay in toxicology results. As mentioned above, the crime lab results are coming back anywhere from 6 months to 18+ months after the initial blood draw. 

Since the statute of limitations for both of these crimes is 24 months, the prosecutor can sit on the officer’s reports for 23 months while waiting for the toxicology results and then send you a Summons in the mail to appear for your Arraignment. This is why we tell people over and over to keep your mailing address current to avoid a warrant for your arrest!

This is more unusual but it does happen. Typically, if an officer responds to a 911 call where the two parties are spouses or have some kind of domestic relationship (it can even be roommates) and a suspected assault occurred (there does not need to be actual touching), the officer must arrest the suspect by law. This is Washington’s mandatory arrest law. 

However, if more than four hours has past since the incident, it is unclear who is the aggressor, and/or there has to be additional follow-up investigation, the investigating officer’s reports may be delayed. It could be weeks or months following the incident in which the final reports are filed with the prosecutor. Then, the prosecutor may not review those reports for many more months.

If you are waiting to find out if you are criminally charged in a jurisdiction where we practice, we are happy to monitor the charging status. If you are outside of our area, you can contact a defense attorney in the area where you are likely being charged and ask for guidance. You can also regularly reach out to the clerk’s office where you might be charged and ask if a Summons has been issued. This last suggestion can be a challenge if you are unfamiliar charging protocols. 

For example, you might think the City of Battle Ground has jurisdiction so you responsibly check with their Municipal Court staff weekly but, at the same time, you were actually charged by Clark County District Court. If your address was not up to date, you probably missed your Arraignment and a warrant has been issued. 

KITSAP DUI – Court Date / Charging Delays

This happens regularly in Kitsap County because people often think they are being charged by one of the Municipal Courts (Bremerton, Port Orchard, Poulsbo or Bainbridge Island) but a State Trooper pulled them over and all reports were sent to the District Court rather than the Municipal Court. Furthermore, you might be checking with District Court staff but, as it turns out, you are being charged with a felony and you should have been checking with the Superior Court Clerk’s office. It can all be very confusing! 

Thankfully, this happens less frequently in Thurston County because officers do direct filings (don’t wait for the prosecutor’s charging decision). However, when we do see delays, it is usually a blood draw delay. The prosecutor will choose to “decline” charges after the person was arrested so the state can wait for the blood results to be returned from the toxicology lab.

DUI in Thurston County WA – Delays in Your Case

Unfortunately, this is the most common response we have for those in “legal limbo.” You just have to wait it out and hope the statute of limitations runs. Of course, make sure your mailing address is up to date (although that may not even work if the officer wrote down and old address) and get legal counsel right away! You want to be taking proactive steps!

You will need to reach out to a defense attorney in the state where you could face criminal charges to know the statute of limitations (SOL). Additionally, you will have to clearly spell out your conduct because the SOL for conduct you *think* is being investigated may not equate to the actual charging. For example, if you trespassed in someone’s yard (no entering of the home), you should be charged within one year. However, if the officer thinks you also did some damage while trespassing (burn outs on the yard, spray painting, etc.), you could be charged with Malicious Mischief, which would have a two year SOL.

Will I Get Criminally Charged?

If you were contacted by law enforcement for an investigation or you were arrested and released, you should reach out to a defense attorney where the event occurred. In nearly all cases, it is best to get ahead of the actual charging/Arraignment date. If you hire a private criminal defense attorney, he or she will likely have you take some proactive steps prior to the Arraignment that will make a good resolution more likely. 

So, while the prosecutor gets to delay in charging, make sure you are not delaying in getting proper advice from an experienced defense attorney. 

The Witt Law Group attorneys are here 7 days a week to help. Don’t delay in getting the counsel you need. (360) 792-1000.

Don’t Delay In Hiring A Defense Attorney