PRACTICE AREAS

Criminal Defense

Don’t Face Criminal Charges Alone

Almost any interaction with police officers is nerve-wracking and stressful. Being arrested and handcuffed is even more traumatic. After such an experience, most people are left feeling confused and humiliated and don’t know where to turn for help.

Talk To A Defense Attorney Before Making Any Decisions
Police and prosecutors will give you the impression that the evidence against you is irrefutable. You should never take their word for it. Instead, let us examine the evidence with you and determine what options you truly have. Depending on the circumstances, you may want to seek dismissal of the charges, take the case to trial or negotiate a plea deal. We will always give you a straightforward and honest assessment of each option.

 Fury Duarte serves clients in the Seattle area and throughout Washington. We welcome the opportunity to discuss your case, and we encourage you to contact us for a complimentary consultation. You can reach our office in Bellevue by calling 425-643-1606.

Experienced Representation

for criminal charges, including:
  • Driving Under the Influence (DUI)
  • Hit and Run
  • Vehicular assault/homicide
  • Other driving offenses (DWLS, Reckless Driving, Negligent Driving)
  • Theft and property crimes
  • Drug crimes
  • Misdemeanor Assault
Understand the charges you face by exploring our Knowledge Center:
Knowledge Center
The Criminal Defense Process
Many people are confused by the various steps in a criminal case and often struggle to find the right resources. We will guide you through every stage and give you detailed information, along with a straightforward assessment, about all of your options.
  1. Arrest
  2. Pre-Investigation
  3. Arraignment Hearing
  4. Pre-Trial Hearing
  5. Challenging the Evidence
  6. Criminal Trial
  7. Appeal

1. Arrest

In many misdemeanors, and most driving offenses, a person is arrested by a law enforcement officer at the scene of the incident.  Often this happens during a traffic stop.  To make an arrest, an officer must have probable cause to believe a person is engaged in criminal behavior.  This means a well-founded suspicion based on the available facts and circumstances.  In most cases, a person is handcuffed, informed that he/she is under arrest, and advised of the right to remain silent and the right to an attorney.  Sometimes a person will be released after arrest but in some cases an arrestee is booked into jail.  And arrest may trigger the start of a criminal case or there may be a delay between the time of arrest and the beginning of the court proceedings.

2. Pre-Investigation

A few police agencies issue a citation upon arrest, which requires an almost immediate court appearance.  But this practice is becoming more uncommon because the law allows the government to charge a gross misdemeanor crime as long as two years after it occurs. Rarely does it take as long as two years, but several months can go by before a prosecutor files a Complaint (sometimes called an Information).  This prompts the court to issue notice to the defendant to appear for an arraignment.

3. Arraignment Hearing

The purpose of this hearing is to give formal notice as to the nature of the charged offense and to advise the defendant of his/her rights as an accused. The judge must also determine that there is sufficient evidence to support the accusation and, if so, can impose conditions of custody or release while the case is pending. Such conditions could include things like detention in jail, house arrest, or posting bail (a monetary guarantee to return for future court appearances).   In alcohol-related offenses, judges may impose additional restrictions such as installing an ignition interlock device for driving, and, in extreme cases, alcohol monitoring.

4. Pre-Trial Hearing

Approximately 30 days after the arraignment hearing, the court will hold a status conference, called a pretrial hearing, to assess the progress of the investigation and negotiation between the defense and prosecution. A case may have several of these “check-ins” while information is exchanged and legal defenses reviewed. If there is an agreed resolution of the case (usually by way of plea bargain negotiations), a disposition can be completed at this stage.

5. Challenging the Evidence

If no resolution is possible, there is one opportunity to make legal challenges to the evidence the prosecution wants to present at trial. This often involves some witness testimony and legal argument. If a legal error has been made by law enforcement in the course of an arrest, certain evidence could be excluded or suppressed (meaning it would not be presented to a jury in a trial).

6. Criminal Trial

The final stage in the criminal process involves a trial, usually in front of a jury.  A case can sometimes take a year or more before being tried because of the difficulty in scheduling all of the lawyers, witnesses, judges and jurors. At a trial, the government must prove its case beyond a reasonable doubt a the defendant can (but is not required) to present opposing evidence.

7. Appeal

Various errors can happen during a criminal case.  Mistakes (or misconduct) may involve the judge, the jury, the lawyers, or the witnesses.  Defendants have a right to appeal their conviction and/or sentence to a higher-level court for a review of possible errors.  But appeals have their own set of rules and it is important what kind of relief is available for each kind of error.  To learn more, see our extensive collection of resources below .

Featured Criminal Defense Resources

VISIT THE KNOWLEDGE CENTER