Clients call us with the same question almost every week: “I just got arrested, what do I do now?” It is a question that usually comes during the worst few hours of someone’s life. You may not be thinking clearly and may be in a holding cell with no phone, no way to reach anyone, and no idea what comes next. The choices you make in those first hours can affect the rest of your case.
This guide walks through the practical steps Cascade Lawyers recommends to anyone arrested in Washington State. Founding attorney Jeremy Goodman has handled hundreds of misdemeanor and felony cases across Washington State including King, Snohomish, Pierce, Kitsap, and Thurston counties. If you have just been arrested, call us at 206-970-3030. The earlier we get involved, the more we can do.
1. Stop Talking. Right Now.
If you take one piece of advice, take this one. If you are arrested, the single most important thing to do when interacting with police is to stop talking. Nothing you say will help you.
You are not going to talk your way out of an arrest. Once an officer has decided to take you in, you are going to be taken in. What you say at that point will not change the booking. It will only show up later in a police report, in a prosecutor’s charging decision, and in a courtroom. Anything you say can and will be used against you. That is not just a line from television. Nothing you say will help you and it is extremely likely to hurt you.
The way to exercise your right to remain silent is simple. Politely say, “I will not answer any questions and I want to speak to a lawyer.” Then stop talking. Do not try to explain anything, do not give your side of the story and do not joke with the officers. Wait for a lawyer.
2. What Happens After the Arrest
After an arrest in Washington, one of two things usually happens. You may be released on the spot, often with a citation telling you when to appear in court. This happens with many misdemeanors. For a DUI, domestic violence and felonies, though, you will likely be taken to jail.
If you are booked, the court has to make a probable cause determination, and you will usually be in front of a judge within a day or two. If you have never been in trouble before, and the crimes you are accused of are not serious felonies, the judge will often release you on conditions or set a small bail amount. For many first-time misdemeanors, the standard bail is around $1,000. That is small enough that family or a bail bondsman can post it quickly.
Sometimes, you can even post bail before you ever see a judge, especially in misdemeanor cases. So, for most first-offense misdemeanor cases, there is usually a way out of jail before the case begins to move forward.
3. Memorize a Few Phone Numbers Before You Ever Need Them
Almost no one has phone numbers memorized anymore. When you are arrested, it is very possible that the police will not let you look at your contacts in your phone. Also, do not let the police look at your phone. Do not give the police your password.
Pick two or three people you trust and memorize their phone numbers. Pick people who would actually answer if a jail number popped up at 2 a.m., and someone who can pay bail if needed.
4. Get Out as Soon as You Can
Once a bail amount is set, get out. Do not sit in jail. We sometimes hear from family members who think a night or two in jail will “teach a lesson.” That is bad advice, and it can hurt the case in ways that are hard to undo.
Two reasons it matters to get out quickly:
- Jail calls are recorded. Every call you make from a jail phone is recorded and saved. Family members and friends almost always ask, “What happened?” You should not be answering that question on a recorded line. Prosecutors listen to those calls.
- You cannot build a defense from a cell. Gathering evidence, finding witnesses, preserving texts and video, and preparing for the first hearing all require you to be out. If you get arrested before a holiday or a long weekend, a “short” stay can turn into several days of lost time.
If you do not have the money on hand, a bail bondsman can usually post the bond for about 10 percent of the total amount (the bail bondsman keeps their 10% fee), but in most cases it is worth it. Call a lawyer at the same time. We can often help coordinate with family or a bondsman to move things along.
5. “Released” Does Not Mean “Dismissed” (and dismissed does not mean its over)
Many people leave jail with a piece of paper that says something like “released pending further investigation” or “no charges filed at this time.” They go home, take a breath, and assume the case is over. Unfortunately, this is very common, and the case is rarely over.
In Washington, the police make the arrest, but the prosecutor’s office decides whether to file charges. That takes time. The prosecutor has to review the police report, look at the evidence, and decide what to file. So, the police or judge may release you, but the prosecutor is still investigating the charges against you and is likely to pursue the case against you once their investigation is complete.
For example, in a DUI case where blood was drawn, the prosecutor may wait weeks or months or even years for the toxicology results before filing. In some counties, including Snohomish County, prosecutors are well known for waiting to the end of to the full “statute of limitations” before filing charges, which can be two years or longer for a felony.
That means a “dismissal” or “release” at the jail is usually just a pause. You may already have a court date coming you do not know about. You may get a summons in the mail months later and should keep an eye out for notices from the court in your mail.
It’s important that you use this time and do not let the silence after an arrest fool you into doing nothing. Call us at 206-970-3030 for a free consultation. Even if no charges have been filed yet, the days and weeks before charges are the best time to start preparing.
6. If It Is a DUI, You Have Two Cases, Not One
A DUI arrest in Washington creates two separate cases that run on different tracks.
The first is the criminal case, handled by the prosecutor in either district or municipal court, or Superior Court. You rarely need to do anything to “get” a court date in the criminal case. The prosecutor will file when they file.
The second is the administrative case at the Department of Licensing (DOL). This is the case that can suspend your driver’s license. There are strict deadlines, including a short window to request a hearing to challenge a license suspension (seven days). If you miss the DOL deadline, you usually lose the right to fight the suspension at all, even if you eventually win the criminal case.
If you were arrested for a DUI, do not wait for the criminal case to “show up.” Call a DUI lawyer in the first few days so the DOL clock does not run out on you.
7. How Long Does a Criminal Case Take in Washington?
There is no single answer. Cases can move in weeks, months, or, in some cases, more than a year. Two pieces of background help set expectations.
First, the statute of limitations determines how long the State has to file charges:
- Simple misdemeanors: one year from the date of the alleged offense.
- Gross misdemeanors (including most DUI cases): two years.
- Felonies: generally, three years or more, depending on the charge. The most serious offenses, such as murder, have no statute of limitations.
Most misdemeanor charges are filed within a few weeks to a few months. Felony cases, which are often investigated by detectives before charges are filed, can take longer. The longer the State waits, the more time you have to prepare a defense.
Once charges are filed, expect multiple court dates. Most cases require several appearances, including:
- Arraignment, where you enter a plea and conditions of release are set
- Pretrial hearings, where the case is reviewed and possibly resolved
- Motion hearings, where the defense may challenge evidence
- Readiness or trial-setting hearings as the case approaches trial
- Trial, if the case is not resolved earlier
Plan to be there in person for every court date unless your lawyer specifically tells you otherwise. Missing a court date is the easiest way to turn a manageable case into a serious one. Failure to appear leads to a warrant for your arrest and additional charges that can follow you for years.
8. Stay Off Social Media and Off the Phone
After an arrest, the urge to vent online is real. Do not post about what happened or respond to the alleged victim, even to apologize. Anything you put in writing, whether texts, posts, or direct messages, can end up as an exhibit at a hearing. Even online searches can be found and used against you
At the same time, do not delete anything. Deleting messages, photos, or social media history after an arrest could make a difficult case harder and possibly more charges. If you are not sure what to keep, the answer is to call a lawyer.
9. Call a Lawyer as Soon as You Can
A criminal case is not a problem you solve by waiting and hoping. Early calls to a lawyer almost always lead to better outcomes. There are deadlines you do not know about. There is evidence that needs to be preserved. There are conversations with the prosecutor that may be easier to have before charges are filed than after.
At Cascade Lawyers, founding attorney Jeremy Goodman has more than a decade of experience defending people in misdemeanor and felony cases across Washington. The firm offers a free, confidential consultation. We will walk you through what to expect, what your real risks are, and what we can do for you. Call us at 206-970-3030 and we are happy to provide a complimentary confidential consultation.
Quick Reference: The First 24 Hours
- Memorize two or three phone numbers ahead of time.
- You or a family member or friend should call Cascade Lawyers at 206-970-3030 as soon as possible.
- No talking. Ask for a lawyer.
- Post bail and get out as soon as you can.
- Do not discuss the case on a jail phone.
- Save every text, message, post, and piece of footage. Do not delete anything.
- If it is a DUI, remember you have a DOL case as well as a criminal case and the DOL case has shorter and different deadlines.
- Show up to every court date in person unless your lawyer tells you otherwise.
Talk to a Seattle Criminal Defense Lawyer Today
If you or a family member was just arrested in Washington State, time matters. Call Cascade Lawyers at 206-970-3030 or use our online contact form to schedule a free, confidential consultation. We represent clients in King County, Pierce County, Snohomish County, Kitsap County, Thurston County, and throughout Washington.
FAQs
Do I have to answer the officer’s questions before or after I am arrested?
No. You have the right to remain silent and the right to a lawyer. Politely say you want a lawyer and stop talking.
How long can the police hold me without filing charges?
If you are booked into jail, the court has to make a probable cause determination quickly, usually within a day or two. The prosecutor then has a longer period to actually file charges, generally one year for simple misdemeanors, two years for gross misdemeanors like most DUIs, and three years or more for felonies.
What if I was “released pending further investigation”? Is my case over?
Almost never. A release at the jail is usually a pause, not an ending. The prosecutor still has time to file charges, and many cases come back weeks or months later. The right move is to call a lawyer now, before charges are filed.
I just got arrested for DUI. Do I have to do anything before my first court date?
Yes. A DUI creates a separate Department of Licensing case with its own short deadline to request a hearing. Miss the DOL deadline and you usually lose the chance to fight the license suspension, even if you beat the criminal case. Call a lawyer in the first few days.
Should I tell my side of the story on a jail phone?
No. Every call you make from a jail phone is recorded. Prosecutors listen to those calls. Talk about bail and who is picking you up. Save the case discussion for a private conversation with your lawyer.
What happens if I miss a court date?
The judge will almost always issue a warrant for your arrest. On felony cases, you can also be charged with bail jumping or failure to appear, which can make a manageable case much worse. If you are unsure of a court date, call a lawyer right away.
When should I call a lawyer?
As soon as you can. The earlier we are involved, the more we can do to preserve evidence, communicate with the prosecutor, and protect your rights. Cascade Lawyers offers a free, confidential consultation at 206-970-3030.