Some Washington gross misdemeanor crimes require that a person be immediately booked into custody, namely (1) domestic violence charges and (2) second offense DUI’s that occur within a ten year period of time. Under Washington law these crimes require that a person see a judge before she can be released from custody. God forbid the person is arrested on a Friday. In that situation the person is unlikely to see a judge until the following Monday! Yikes.
When the person actually does go to court, the judge reviews a statement of probable cause to determine “Conditions of Release.” This document is provided by the government, so you can only imagine that it is written to substantiate the government’s belief that the person committed a crime. After determining probable cause the judge will either: (1) release the person on her “Personal Recognizance” (or as some say, “Promise to Appear”), or order that the person not be release unless she posts bail. Either way, the court sets ‘conditions of release’. Such conditions may include: (1) Limitations on where the person can go; (2) Prohibitions on the consumption of alcohol, marijuana and other non-prescribed drugs; (3) Prohibitions on a person’s right to possess firearms; (4) Prohibitions on a person’s driving or requirements that she not drive a car that is not equipped with an ignition interlock device; (5) Prohibitions on person’s right to travel freely; (6) Requirement that a person attend pre-trial probation or court monitoring; (7) Requirement that person wear an alcohol monitoring device; and (8) Requirement that person be on electronic home monitoring.
The conditions are intended to keep the community safe from any further wrongful conduct by the person, and also to ensure that the person appears for all future court dates. These conditions can be expensive and very cumbersome … and lord knows they can be embarrassing too – wearing shorts or a skirt with a bracelet on the ankle often attracts strange looks and challenging questions that folks aren’t too keen on trying to explain.
If you or a loved has been arrested for domestic violence or DUI in Washington State immediately contact a Seattle criminal defense attorney to protect your rights and interests. The Seattle criminal defense attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle criminal defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for crime all across Western Washington and the Greater Puget Sound region. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances of the given case. So, whether cited for domestic violence related malicious mischief, assault, property destruction or some other crime, protect yourself … call SQ Attorneys immediately.