Police Make an Arrest (or Request a Warrant) --- When a crime is committed in a police officer's presence --- or he has probable cause to believe that certain misdemeanors or any felony was committed that he did not see happen --- an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the Prosecuting Attorney, suggesting potential charges to be authorized.

Warrant/Charging Request Reviewed by Prosecuting Attorney --- Most cases begin with a warrant request. This is generally the first time that the Prosecuting Attorney is involved in a case, unless he reviewed a search warrant or visited the crime scene. At this stage, the Prosecutor determines whether a person should be charged with a crime and, if so, which crime(s). The Prosecuting Attorney must thoroughly review all reports and records concerning the case, including witness statements. The Prosecutor also reviews the suspect's prior criminal or traffic record. Occasionally, the reviewing Prosecutor sends the case back to the police to conduct additional investigation.

Warrant Issued --- The Prosecutor can issue a charge if he reasonably believes that probable cause exists that the suspect committed the offense. But, most Prosecuting Attorneys apply a higher standard --- whether he reasonably believes that he can prove the charge beyond a reasonable doubt at trial with the information known at that time.

Suspect Arrested (if not already in custody) --- The delay between the crime date and the defendant's arrest on an authorized charge can take any length of time (e.g., if the defendant's whereabouts are unknown, or if he/she has left the State of Washington).

First Appearance --- The first time a defendant appears in Superior Court for s/he is told what the charge(s) is (are) and the maximum penalty if convicted, and is advised of his constitutional rights to a jury or bench trial, appointed attorney, presumption of innocence, etc. The charging document is called a Criminal Information/Complaint. The conditions and amount of bond/bail are determined. In some cases --- generally based on the nature of the charge --- the Judge imposes conditions on the bond, such as "no contact" with the victim. If a Bond is set it is up to the defendant's own resources to post the bail money, which allows him to be released. Whether or not bond or bail is required, the defendant will be required to follow conditions set by the judge.

Superior Court Arraignment --- At a felony arraignment in Superior Court the defendant is again given formal notice of the charges against him or her. The defendant pleads guilty or not guilty. Conditions of release may readdressed.

Pre-Trial/Status Conference --- The Superior Court schedules a meeting between a Deputy Prosecuting Attorney and the defendant's attorney to determine whether the case will go to trial or be resolved with a plea.

Pretrial Motions --- The Superior Court Judge may called upon to resolve various pre-trial issues, some of which determine whether the case will continue to a trial, be resolved with a plea, whether certain evidence will be useable at trial or be dismissed.

Trial (Jury or Bench/Judge) --- A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence.

Both the defendant and the Prosecutor (representing the People of the State of Washington) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial". In a jury trial, the jury is the "trier of fact"; in a bench trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.

Here is a general outline of the steps in a jury trial:

residents of Clallam County are randomly selected from a list of licensed drivers and registered voters, and are summoned to the Court as potential jurors;

a blind draw selects twelve people from that group in felonies (six in District Court misdemeanors);

the Judge, Prosecutor and defense attorney question the jurors about their backgrounds and beliefs (Called voir dire which means speak the truth);

the attorneys are permitted a limited number of "peremptory" challenges to various jurors (or an unlimited number of challenges for good cause);

after twelve (or six) acceptable jurors remain, the Judge administers an oath to the jury and reads basic instructions about the trial process, etc.;

the Prosecutor gives an opening statement to outline his case and evidence to the jury;

the defense may give a similar opening statement, or wait until later in the trial;

the Prosecutor calls his witnesses, whom the defense may cross examine;

the People close their case-in-chief;

the defense may call witnesses, if it wants, and the Prosecutor may cross-examine them;

the defense rests;

the Prosecutor may present "rebuttal" witnesses/evidence to challenge evidence presented by the defendant during his proofs;

the Prosecutor rests;

the judge gives the jury detailed legal instructions about the charged crimes, the deliberation process, etc.;

the Prosecutor presents a closing argument to the jury;

the defense attorney presents a closing argument to the jury;

the Prosecutor may present a rebuttal argument to the jury to respond to the defendant's attorney's closing argument;

the jury deliberates and returns a verdict.

Pre-Sentence Investigation and Report --- The Department of Corrections may be asked to prepare a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. Generally, the victim is contacted for a recommendation of sentence. The probation officer concludes the report with a recommended sentence.

Sentence --- Sentencing in Washington varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge's discretion. At the time of sentencing, the judge will consider the information in the pre-sentence report before determining the sentence. The parties may correct factual errors in the pre-sentence report and offer additional evidence relevant to the judge's sentencing decision. For certain felony crimes, the judge will consult the "sentencing guidelines" (established by the Washington Sentencing Guidelines Commission) as a reference to determine the appropriate sentence. The sentencing guidelines apply throughout the state, and consider factors of the crime and the defendant's criminal background to determine the minimum jail/prison sentence. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to make restitution to any victims who have suffered financial harm.

Appeals --- Appeals from the District Court are heard in the Superior Court. Appeals from a Superior Court are heard in the Washington Court of Appeals. Appeals from Court of Appeals decisions are heard in the Washington Supreme Court.

There are three kinds of appeals: (1) interlocutory, (2) of right, and (3) by leave.

Interlocutory appeal: occurs when a party tries to appeal a judge's decision before the case has come to trial or before a trial is finished.

Appeal of right: occurs after a final order has been entered by the trial court (either a sentencing order, or an order dismissing the charge

Appeal by leave of the court: occurs when an appeal of right is not available (e.g., because an available appeal of right was not filed on time or there has already been an appeal of right). The appellate court has the discretion to reject the appeal or can "grant leave".

If the appellate court grants leave to appeal, the defendant and Prosecutor file briefs that summarize the case facts, frame the legal issues to be decided, and present persuasive written arguments (supported by constitutional, statutory or prior case decision authority). Either party can request that the case be scheduled before the appellate court judges for oral argument. The appellate court will eventually issue a written opinion (or several opinions, if the justices disagree). Not all appellate opinions are "published" (i.e., printed in official "reporter" services, such as Washington Reporter or Washington Appellate Reporter). The legal analysis and conclusions in published opinions are of precedential authority and "unpublished" opinions can not be used as authority.