Facing a criminal charge in Washington

Bond and pretrial release in Washington

Article I Section 20 of the Washington Constitution provides for the right to bail by sufficient sureties except for capital offenses and certain violent felonies when proof is evident or presumption great. CrR 3.2 (Superior Court Criminal Rule 3.2) governs pretrial release in superior court, and CrRLJ 3.2 governs in courts of limited jurisdiction. CrR 3.2(a) establishes a presumption of release on personal recognizance and directs the court to impose the least restrictive conditions that will reasonably assure appearance. Conditions may include unsecured bond, secured cash or surety bond, supervised release, or non-financial conditions. CrR 3.2(f) governs review and modification of conditions. The Washington Supreme Court emphasized in State v. Barton, 181 Wn.2d 769 (2014) that monetary bail may not be set without individualized findings.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving Washington

Our directory is still building in Washington. Public-defender intake is available now.

Record clearing in Washington

Washington record vacation and sealing is governed by RCW 9.94A.640 (felonies), 9.95.240 (misdemeanors and gross misdemeanors), and 9.96.060 (resentencing-related vacation). The statutes provide petition-based pathways that, when granted, vacate the conviction so it may be treated as not having occurred. The statute provides waiting periods of three years for most Class B felonies, five years for Class C felonies, and three years for gross misdemeanors and misdemeanors after completion of sentence; Class A felonies, sex offenses, and violent offenses as defined in 9.94A.030 are excluded. The motion is filed in the court of conviction.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in Washington

Washington State Office of Public Defense serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.