Washington Criminal Defense Attorneys

At DearLegal, we connect you with experienced Washington criminal defense attorneys who navigate the Sentencing Reform Act (SRA) grid, Drug Offender Sentencing Alternative (DOSA), Special Sex Offender Sentencing Alternative (SSOSA), and Washington’s progressive criminal justice reforms. Whether your case is in Seattle (King), Spokane, Tacoma (Pierce), Everett (Snohomish), Bellevue, Vancouver (Clark), or anywhere across Washington’s 39 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Washington State Patrol, Seattle PD, Spokane PD, Tacoma PD, and local sheriffs use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Wash. Const. Art. I, § 9 right against self-incrimination.

Yes. Washington gross misdemeanors carry up to 364 days jail and $5,000 fine; misdemeanors up to 90 days and $1,000. Stipulated Order of Continuance (SOC), deferred prosecution (RCW 10.05 — DUI/drug/MH), and vacation eligibility (RCW 9.96.060) make early counsel critical. DV (RCW 10.99) and DUI convictions trigger major collateral consequences including federal firearm prohibitions.

State cases go through Washington Superior Court (felonies, gross misdemeanors) or District/Municipal Court (misdemeanors). Federal cases go to U.S. District Court for the Western (Seattle, Tacoma) or Eastern (Spokane, Yakima, Richland) District of Washington under the U.S. Sentencing Guidelines. Federal cases commonly involve drug trafficking (I-5, I-90 corridors; ports of Seattle/Tacoma), § 922(g) firearm cases, wire fraud, healthcare fraud, immigration offenses, and federal program fraud.

Washington plea agreements under CrR 4.2 are negotiated between the deputy prosecuting attorney and defense. Pleas can include charge reductions, Stipulated Order of Continuance (SOC), deferred prosecution (RCW 10.05), DOSA (RCW 9.94A.660 — drug offender sentencing alternative), SSOSA (RCW 9.94A.670 — sex offender sentencing alternative), First-Time Offender Waiver, drug court entry, mental health court entry, veterans court, and stipulated sentence recommendations within SRA grid.

Washington uses "vacation" rather than expungement. RCW 9.96.060 allows vacation of misdemeanor convictions after waiting periods (3 years gross misdemeanor, 2 years misdemeanor — longer for DV, sex, DUI). RCW 9.94A.640 allows vacation of Class B/C felonies after 10/5 years if no new offense. Class A felonies, sex offenses, and DUIs generally not vacatable. Certificates of Restoration of Opportunity (RCW 9.97) restore certain civil rights. Washington Blake decision (2021) struck down simple drug possession felony — resentencing/vacatur ongoing.

Washington handles juveniles in Juvenile Court under RCW 13.40. Juvenile records confidential. Sealing under RCW 13.50.260 — automatic for many offenses upon meeting age and offense-free period requirements. Decline (transfer) to adult court for 16+ for serious offenses under RCW 13.40.110; certain offenses for 16+ have mandatory adult jurisdiction (Auto Decline under RCW 13.04.030).

Washington DUI under RCW 46.61.502: BAC .08+ adult, .02 under 21, .04 CDL. First offense: mandatory 24 hours-365 days jail (1-day minimum if no prior, 30 if BAC ≥ .15), $865.50 minimum fine, 90-day license suspension, IID required. First offense BAC ≥ .15 or refusal: enhanced. Second offense within 7 years: mandatory 30 days. Third offense within 10 years: mandatory 90 days. Fourth DUI (or prior felony DUI) within 10 years: Class B felony (RCW 46.61.502(6)). Implied consent under RCW 46.20.308. Vehicular Homicide DUI (RCW 46.61.520) Class A felony.

Why Do You Need a Criminal Defense Attorney in Washington?

Washington classifies crimes under RCW Title 9A. Felonies are Class A (life max), B (10 years max), C (5 years max). Gross misdemeanors carry up to 364 days; misdemeanors up to 90 days (RCW 9A.20.021). Washington abolished the death penalty in 2018 (State v. Gregory ruled it unconstitutional under WA Const. Art. I, § 14 — disproportionate application). Washington was the first state, with Colorado, to legalize recreational marijuana in 2012 (Initiative 502) — adults 21+ may possess up to 1 oz. The Sentencing Reform Act (RCW 9.94A) controls all felony sentencing through a grid based on Offender Score (criminal history) and Seriousness Level. Persistent Offender (3 strikes) law (RCW 9.94A.570) imposes life without parole for third "most serious offense" — though 2019 reforms (HB 1504) removed certain offenses from the list. Diversion options include DOSA (Drug Offender Sentencing Alternative, RCW 9.94A.660), SSOSA (Special Sex Offender Sentencing Alternative, RCW 9.94A.670), First Time Offender Waiver, and drug court / mental health court. Washington’s Blake decision (2021) struck down the felony simple drug possession statute as unconstitutional, leading to substantial resentencing and legislative response (RCW 69.50.4011 — temporary misdemeanor possession with services).

When Do You Need a Criminal Defense Attorney in Washington?

Our network includes Washington criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Washington

From the moment you connect with a Washington criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to WSP, Seattle PD, Spokane PD, Tacoma PD, or any Washington officer without an attorney

Consenting to a search when Wash. Const. Art. I, § 7 provides protection stronger than the federal Fourth Amendment

Missing a Washington court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Washington prosecutors subpoena platforms aggressively

Deleting messages or photos from your phone — Tampering with Evidence (RCW 9A.72.150) is a Class C felony

Accepting the prosecutor’s first plea offer without exploring SOC, deferred prosecution, DOSA, SSOSA, First-Time Offender Waiver, drug court, mental health court, or charge reduction

Talking to WSP, Seattle PD, Spokane PD, Tacoma PD, or any Washington officer without an attorney

Consenting to a search when Wash. Const. Art. I, § 7 provides protection stronger than the federal Fourth Amendment

Missing a Washington court date — bench warrants and bond forfeiture follow

Posting about the case on social media — Washington prosecutors subpoena platforms aggressively

Deleting messages or photos from your phone — Tampering with Evidence (RCW 9A.72.150) is a Class C felony

Accepting the prosecutor’s first plea offer without exploring SOC, deferred prosecution, DOSA, SSOSA, First-Time Offender Waiver, drug court, mental health court, or charge reduction

Common Washington Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Washington Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Washington work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Wash. RPC 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases (capital, federal, white-collar) use hourly billing. King County Department of Public Defense, Snohomish County Public Defender, Pierce County Department of Assigned Counsel, and other county PD offices represent indigent defendants.

What Can Your Washington Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress (Washington provides among the strongest state constitutional search protections), motion to dismiss for insufficient evidence, prosecutor dismissal, or speedy trial dismissal under CrR 3.3.

Charge Reduction

Reduction from Class A to Class B or C felony, from felony to misdemeanor, removal of firearm enhancement (RCW 9.94A.533) and Persistent Offender allegations.

Alternative Sentencing / Diversion

Stipulated Order of Continuance (SOC), deferred prosecution (RCW 10.05 — DUI, drug, MH), DOSA (RCW 9.94A.660 — drug offender sentencing alternative), SSOSA (RCW 9.94A.670 — sex offender sentencing alternative), First-Time Offender Waiver, drug court, mental health court, veterans court.

Plea Agreement

Negotiated resolution under CrR 4.2. Includes charge reductions, dismissed counts, sentencing within SRA grid, exceptional sentences (mitigated), and community custody in lieu of prison.

Trial Acquittal

Not guilty verdict by Washington jury or judge. Washington criminal juries are 12 for felonies, 6 for misdemeanors, and must be unanimous (Wash. Const. Art. I, § 21, 22). Bench trial available with waiver.

Post-Conviction Relief

Washington Personal Restraint Petition (RAP 16) — 1-year filing window from finality. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations. CrR 7.8 motion for relief from judgment. Blake-related resentencing for simple drug possession ongoing.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Washington Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Washington?

When Do You Need a Criminal Defense Attorney in Washington?

Types of Criminal Defense Cases in Washington

Common Washington Criminal Defense Mistakes

How Much Do Washington Criminal Defense Attorneys Cost?

What Can Your Washington Criminal Defense Compensation Include?

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