Your first appearance in district court can feel intimidating.

I’ll explain what happens, how to prepare, and what to expect so you can walk into court with confidence.

Understanding Your Rights

Before you go in front of the judge, you’ll receive a form outlining your rights, including:

• The Right to Remain Silent: You are not obligated to answer questions that could be used against you.

• The Right to an Attorney: Whether you hire private counsel or qualify for a public defender, having legal representation is essential.

If you cannot afford an attorney, you’ll be asked to complete a financial affidavit. The judge will use this to determine if you qualify for a court-appointed public defender.

What Happens in Front of the Judge

When your case is called, you’ll stand before the judge, who will:

• Explain the Charge(s)
  The judge will clearly state the charge(s) against you and outline the maximum possible penalties.

• Confirm Your Understanding

  You’ll be asked if you understand your rights and given the chance to ask questions.

• Determine If There is Probable Cause for the Charge(s)

  Probable cause exists when the facts and circumstances known to an arresting officer are sufficient to convince a reasonable person that a crime has been committed and that the person to be arrested committed the crime; it need not, however, be sufficient to convict.

  State v. Cerillo, 122 Wn. App. 341, 350 (2004) (quoting State v. Rogers, 70 Wn.App. 626, 631 (1993).

• Address Legal Representation
  If you request a public defender and meet the financial requirements, the judge will appoint one for you.

• Decide on Bail or Release
  A crucial part of this hearing is determining whether you’ll be released based only on your promise to return and follow the rules, or if you will be required to post money as collateral to assure the Court of your compliance. The judge will typically consider three key factors:

  • Flight Risk: Are you likely to return for future court dates?

  • Community Safety: Does your release pose a potential risk to others?

  • Interference with the Administration of Justice: Does the judge have a reason to believe that you will interfere with the administration of justice? (Ex. engage in witness tampering)

• Impose Conditions of Release
  If the judge finds probable cause, she will impose conditions of release. These are rules which you must follow while your case is pending. Terms may include orders not to commit new crimes, to attend court when required, to maintain regular contact with your attorney, or orders restricting your ability to contact certain people. Failing to comply with your conditions could lead to the judge revoking your release and ordering you into custody. If you posted bail, the judge may order the bail forfeited. This means you, or the person who posted your bail, would not get their money back after you have resolved your case.

Special Considerations for Domestic Violence Charges

If you’re facing a domestic violence-related charge, the court may issue a no-contact order during this hearing. This order can restrict communication and proximity with the alleged victim.

If you share a residence with the alleged victim, you might consider requesting the judge to authorize a civil standby. If granted, this allows you to contact a law enforcement to escort you to the shared residence for a brief period to collect your personal belongings.

Why Early Representation Matters

Having an attorney by your side from the start can help you feel more prepared and supported during your first court appearance. An experienced attorney knows how to present your case effectively, whether advocating for your release, explaining your rights, or ensuring you are treated fairly.

By taking proactive steps now, you can start building a strong defense. Legal representation is about more than just knowing the law, it’s about protecting your rights and guiding you through every stage of the case.

Don’t Face This Alone

Facing the criminal legal system can be intimidating, but you don’t have to face it alone. As an experienced criminal defense attorney, I’m here to guide you every step of the way. I’ve helped countless clients navigate the legal process, and I’m ready to do the same for you.

Call me today at (509) 630-3492 for a free consultation.

Disclaimer

This information is for general educational purposes only and does not constitute legal advice. Every case is unique, and you should consult with an attorney for guidance specific to your situation.