Assault 4 DV In Thurston & Kitsap Counties: What to Expect At Arraignment 

The arraignment is typically the first appearance before a judge where defendants are formally informed of the criminal charges against them. Defendants will also be advised of their Constitutional Rights, Conditions of Release will be determined (assuming the defendant is able to bail out or PR’d), and a date will be set for the next hearing. 

During this very short hearing, the defendant will also be asked, through their private attorney or a stand-in public defender, to enter a plea. For legal reasons, the plea must be not guilty unless the defendant has had proper time for counsel to understand the full ramifications of a plea of guilty. 

The law requires a plea to be knowing, intelligent, and voluntary – a hard standard to meet if you just met your public defender two minutes before your arraignment. Consequently, 99.9% of the time, defendants will plead “not guilty” at arraignment.

There will be no discussion of the facts, defenses, or questioning witnesses. The judge will not question the defendant regarding the charges other than to make sure he or she is aware of the charges. The judge may also confirm whether your name and date of birth are correct on the charging document to avoid creating an alias. 

If the defendant attempts to elaborate on the facts of the case, the judge will inform tell the defendant to stop speaking and preserve his or her right to remain silent. 

The hearing is approximately 5-10 minutes and the purpose is very specific – informing the defendant of the charges, informing of Constitutional Rights, setting Conditions of Release, and entering a plea. 

The judge will not allow any discussion regarding the facts or merits of the case at the Arraignment. The only exception to that is if your attorney believes there is a reason to argue against Probable Cause. 

According to the Criminal Rules for Courts of Limited Jurisdiction (for District and Municipal Courts), the judge must inform defendants of their rights or inquire with the defense attorney whether the defendant has been informed of their rights.

Further information regarding the arraignment for Courts of Limited Jurisdiction can be found at CrRLJ 4.1.

Additionally, we have a separate blog that covers the lengthy list of rights at arraignment. However, in our experience of 25 years, the reality is that judges and attorneys rarely go into this much detail regarding all of the rights. 

Clearly, some of the rights won’t be relevant to every defendant. For example, only non-citizens would have the right to request the prosecuting attorney notify their Consulate that they are being held in custody. Additionally, not every defendant will have a valid request for a change of judge due to prejudice. 

Consequently, if you hear a Thurston or Kitsap County judge or attorney discuss your rights at arraignment, they will typically only discuss the following:

The right to remain silent and your silence cannot be used against you.

The right to legal counsel, including having a public defender assigned if the defendant can not afford private counsel.

The right to a speedy trial.

The right to a jury trial.

The right to confront the state’s witnesses.

The right to compel witnesses, testify, and present evidence for your defense.

The right to be presumed innocent and have the prosecution prove guilt beyond a reasonable doubt.

For misdemeanor assault charges, the conditions of release will depend on whether the victim is family member, household member, or a current or former intimate partner. 

The Thurston County judges, like all judges in courts of limited jurisdiction, will be applying CrRLJ 3.2 – Release of the Accused to determine the most appropriate conditions based on the circumstances of the case as well as the defendants history.

The most common conditions of release for an assault case at the district or municipal court level, are the following: 

Appear at all future court hearings. 

Make contact or remain in contact with your attorney and, in some cases, pretrial services.

Have no contact with the alleged victim or witnesses.

If relevant, geographical limitations based on the victim such as “do not go within 1000 feet of the victim’s home or workplace.”

Do not possess firearms or surrender and firearms in your possession. 

Post bail if there is a concern regarding your safety in the community or risk that you will not appear at a future court date.  

For the most part, the Kitsap and Thurston County judges will not order a SCRAM unit for an Assault Fourth Degree case. It does occasionally happen where the defendant has multiple past assault charges that all involved alcohol-related events.

However, in the municipal courts around Kitsap County, we do see it used more often. The municipal court judges order this extra alcohol sensing ankle monitor for defendants whose case reports indicate alcohol was a significant factor in the arrest regardless of whether their is past criminal history.

In situations where the Assault 4 charge alleges domestic violence (i.e. the relationship between the defendant and the alleged victim), there will be a No Contact Order and it is the most challenging aspect of the case. 

More often than not, our client’s alleged victim will not agree with the state regarding the criminal charge. The alleged victim feels that the cops got it wrong and over-reacted when they came to the scene. Unfortunately, due to the mandatory arrest laws in Washington, the cops typically do get it wrong but are forced by law to choose a winner and a loser (a person must be arrested). 

If you are a victim in the case, it is important that you do not make ANY contact with the defendant during the case (or after, if the NCO is not lifted). Any contact, even through third parties, while a No Contact Order is in place will lead to additional criminal charges and ruin any chance of having the original charge reduced or dismissed. 

No Contact Order Set At Arraignment

Don’t Make a Bad Situation Worse

As previously mentioned, due to the mandatory arrest laws, law enforcement must typically make an arrest when they arrive to a scene where an assault may have taken place. The “assault” does not have to involve touching. It can be a “fear or apprehension,” which can be interpreted by the responding officers. 

Additionally, prosecutors are trained that it is normal for a victim of domestic violence to recant statements for their own safety. Therefore, it is common for a prosecutor to disregard an alleged victim when they call to request that the charges be dropped. It does make the case slightly more challenging for the state at trial but the prosecutor is allowed to argue that victims often recant. 

In Washington, the victim does not bring charges and cannot drop charges. It will be the prosecutor that brings forth the criminal charges and determines whether the charges can be reduced and dismissed. Sometimes, the prosecutor will not allow for a reduction or dismissal and, in that case, the defendant must either plea or take a risk by going to trial. 

1. Get a lawyer in advance the hearing, if possible. This allows us to guide our clients on proactive steps that make them look better to the judge and prosecutor. If we think the judge might take you back into custody, we want to have arguments ready regarding safety of the community and securing your presence at the next hearing.
2. Immediately begin working on the steps your lawyer has set out for you prior to the hearing. Even if you only have a few hours before the arraignment, make the calls to schedule the suggested appointments and provide your lawyer with documentation regarding the tasks you have completed. This can make the difference between being released on PR, increasing bail, or taking you back into custody.
3. If you can’t hire private counsel and you are concerned that you might be taken into custody (or back into custody after having been released), find a bail bonds company and a friend to coordinate your bail once that has been set by the judge. Defendants who remain in custody often feel compelled to plead to a charge just to get out of jail. If you can bail out of jail, the case can be negotiated to its fullest and potentially end in a much better way.
4. If the case involves a domestic partner or roommate, you will definitely want to secure a private attorney before the arraignment. The defense attorney cannot relay information between the accused and the alleged victim but the attorney can explain the process. This often helps with the victim understanding why the accused can no longer have ANY contact while the case is pending. This is incredibly important for situations where the victim is a spouse, parent, or roommate and does not feel as though they are a victim in the case. There is a lot of confusion in that situation and the alleged victim can often get the accused into more trouble by unintentionally violating the No Contact Order. 

If you or a loved one is facing an Assault 4th Degree charge (sometimes referred to as a Simple Assault) regardless of whether it includes the special allegation of Domestic Violence, it is very important to speak to a local criminal defense attorney who has a lot of experience in this area of the law.

The prosecuting culture of every county and city in Washington is different and the possible resolutions are different. Our attorneys have been practicing for 25 years and helped thousands of people facing Assault charges. Give our office a call 7 days a week to discuss how we can help you. (360) 792-1000 Contact us Now