What Should You Do After Being Arrested in Washington?
What Should You Do After Being Arrested in Washington?
Being arrested can be stressful and confusing, especially when you do not know what will happen next. Whether the accusation involves assault, domestic violence, drugs, theft, a weapons offense, or another criminal charge, what you do immediately after an arrest can affect how your case develops.
An arrest does not mean you have been convicted. You have important rights throughout the criminal process, including the right to remain silent and the right to legal representation. Washington's Constitution expressly protects an accused person's right to defend themselves with the assistance of counsel.
Understanding those rights—and avoiding decisions that could unnecessarily complicate your case—is an important first step.
Exercise Your Right to Remain Silent
After an arrest, you may feel pressure to explain what happened or convince officers that there has been a misunderstanding. However, statements you make can potentially become evidence in the criminal case.
Washington's criminal court rules provide that at a preliminary appearance, the accused must be informed of the right to remain silent and that anything said may be used against them.
You can provide required identifying information without trying to explain or defend the allegations. Instead of answering questions about the incident, you can clearly state that you want to remain silent and speak with an attorney.
Ask to Speak With an Attorney
You also have the right to legal representation.
Washington court rules recognize the right to a lawyer at every stage of criminal proceedings, and qualifying defendants who cannot afford an attorney may be eligible for appointed counsel.
Speaking with a criminal defense attorney early can help you understand:
- The charges or allegations against you
- Whether you may be released while the case is pending
- Conditions you must follow after release
- Evidence the prosecution may rely upon
- Potential defenses
- What hearings and deadlines come next
You do not need to wait until your case reaches trial to seek legal representation.
What Happens After an Arrest?
The next steps depend on how you were arrested, the charge, and whether you remain in custody.
For a warrantless arrest governed by Washington Superior Court criminal rules, there must generally be a judicial determination of probable cause no later than 48 hours after the arrest. A detained adult must also generally be brought before the court for a preliminary appearance as soon as practicable and no later than the close of business on the next court day, subject to specified exceptions.
At the preliminary appearance, the court addresses matters that can include the charges, representation by counsel, and pretrial release. Spokane's local criminal process similarly describes the first appearance as a hearing where defendants are advised of charges and the court considers release issues, including bond and, in domestic violence cases, no-contact orders.
What Happens at an Arraignment?
An arraignment is another early stage of the criminal process. It is the proceeding where the accused appears before the court to enter a plea to the criminal charge.
An arraignment should not be treated as an opportunity to explain your entire side of the story. There will be later stages for investigating the allegations, reviewing evidence, filing appropriate motions, negotiating with prosecutors, and preparing a defense.
Follow All Conditions of Release
If you are released while your case is pending, the court may impose conditions that you must follow.
Depending on the allegations, those conditions could restrict contact with certain individuals or impose other requirements. No-contact orders are particularly important in cases involving allegations of domestic violence.
Even if another person tells you that contact is welcome, do not assume that means you can disregard a court order. Violating release conditions can create additional legal problems.
Carefully review every document you receive and ask your attorney about anything you do not understand.
Do Not Discuss Your Case on Social Media
After an arrest, avoid posting details about the allegations on Facebook, Instagram, TikTok, X, or other platforms.
A post intended to explain your side of the story may instead create evidence that prosecutors can attempt to use against you.
The same caution should apply to texts, direct messages, emails, and conversations with people who could later become witnesses.
Your attorney is generally the appropriate person with whom to discuss the details of your defense.
Preserve Evidence That Could Help Your Defense
While avoiding public discussion of your case, you should preserve potentially relevant information.
Depending on the allegations, useful evidence might include:
- Text messages
- Emails
- Photographs
- Videos
- Receipts
- Location information
- Names of witnesses
- Surveillance footage
- Relevant documents
Do not alter, delete, or destroy information connected to the case.
Evidence can disappear quickly, particularly surveillance recordings or electronic information that may eventually be overwritten. Tell your attorney about anything you believe could help establish what happened.
Do Not Contact Alleged Victims or Witnesses Improperly
Trying to "clear things up" directly with another person involved in the case can create serious problems.
This is particularly important when a no-contact order or another court restriction is in place. Even without such an order, communications with an alleged victim or witness could potentially become evidence or create allegations that you attempted to influence the case.
Allow your attorney to advise you about appropriate communication while charges are pending.
An Arrest Is Only the Beginning of the Case
Criminal charges can have serious consequences, but an arrest itself does not determine the outcome.
The prosecution must still pursue the criminal case through the legal process, and you have the right to defend yourself against the allegations.
A defense attorney can review how the investigation was conducted, examine the prosecution's evidence, identify weaknesses or inconsistencies, evaluate constitutional issues, and determine what defense strategies may be available.
Taking the case seriously from the beginning can help protect your rights as the process moves forward.
How Can Partovi Law, P.S. Help?
Partovi Law, P.S. represents people facing criminal charges in Spokane, Washington, including cases involving felonies, misdemeanors, assault, domestic violence, sex crimes, drug offenses, theft, weapons charges, white-collar crimes, and other serious allegations.
If you have been arrested or charged with a crime, speaking with a criminal defense attorney can help you understand the accusations, the court process, and your available options.
Contact Partovi Law, P.S. to discuss your case and learn what steps you can take to protect your rights.
