By Laura Robinett
There are many advantages of hiring a private defense attorney to represent you in a misdemeanor case. Among these are the ability to waive arraignment and resolve your case through civil compromise, which is often impossible or impracticable when you are represented by a public defender. In certain cases, these two practices could help you avoid ever having to attend court in defense of your criminal charge.
Waiver of Arraignment
Arraignment is often the first court hearing in a criminal proceeding. This is where you are advised of your constitutional rights and enter a plea of not guilty (which may be changed at any later time). The judge will make a finding of probable cause and enter conditions that you must follow pending the resolution of your case. Arraignments can be a critical phase in a criminal proceeding. For instance, if your lawyer doesn’t think the prosecutor had probable cause to charge you with a crime, they can sometimes argue for dismissal at arraignment. In addition, if the prosecutor wants to impose bail or restrictive conditions on your release, your attorney can object and argue for more permissive and reasonable conditions.
However, for many people arraignment is unnecessary and stressful. You often must wait a long time for the judge to call your case and, especially for those who have never been charged with a crime, arraignment can be a frightening and confusing experience. A good criminal defense attorney will explain the arraignment process in detail and make sure you are fully informed of your rights before the hearing. However, private counsel may also be able to waive arraignment altogether so you don’t have to go to court.
CrRLJ 4.1(g) states that “[e]xcept as otherwise provided by statute or by local rule, a lawyer may enter an appearance or a plea of not guilty on behalf of the client for any offense.” This allows your lawyer to enter a plea of not guilty in writing prior to your arraignment, thereby eliminating your need to appear for court. However, if you are charged with DUI or physical control DUI, harassment, stalking, violation of a no-contact order, or any crime involving domestic violence, you cannot waive arraignment. In misdemeanor cases where arraignment is not required, probable cause is clear, and the prosecutor is not asking for special conditions of release, waiver of arraignment may save you a morning or afternoon of sitting in court.
Civil Compromise
Another often overlooked solution for a criminal charge is what’s called a civil compromise. In a civil compromise, the defendant offers payment to the alleged victim of the crime as compensation for the alleged criminal act. The prosecutor then either dismisses the charge, or the matter is brought to the judge for dismissal. The laws surrounding civil compromise are contained in RCW 10.22. In misdemeanor cases where there is an alleged victim but no domestic violence (such as an assault, malicious mischief, or hit and run charge), civil compromise may be a promising option. Typically, the defense attorney will reach out to the alleged victim on behalf of their client and offer an agreed-upon sum. If the alleged victim accepts, the defense attorney provides proof to the prosecutor and the prosecutor dismisses the case. If the prosecutor refuses to dismiss, the defense attorney can argue for dismissal in front of the judge.
At Gause Law Offices, we have had multiple misdemeanor cases dismissed through civil compromise. While this does require an extra expenditure, it is often worthwhile to our clients to have their criminal case resolved expeditiously and without a finding of guilt. In addition, some clients find that this resolution—where the issue is resolved with the alleged victim rather than the State— provides meaning and closure.
If you have been charged with a misdemeanor, the qualified attorneys at Gause Law Offices are here to help. We use all the tools at our disposal to achieve the best possible results for our clients.