I RECEIVED A CITATION OR SUMMONS FOR A CRIMINAL CHARGE.  WHAT DO I DO NOW?
  1. Appear in court for your preliminary appearance on the date and time listed on the citation, summons or Notice of Hearing.  District Court 1 is located on the second floor of the courthouse in Montesano.  Check in with the clerk at the front counter before you go into the courtroom for your hearing.
  2. You are entitled to have an attorney present at each court hearing.  The Court will appoint an attorney to represent you at public expense if you qualify.  If you want to apply for a court-appointed attorney, contact the Department of Public Defense as soon as possible. You can reach them at (360) 964-1591 or by email at publicdefense@graysharbor.us.

WHAT HAPPENS AT MY FIRST APPEARANCE?

At a preliminary appearance, the judge will inform you of the charge(s) against you and tell you the maximum and mandatory minimum punishment, if any, if you are convicted.  The judge will also advise you of your Constitutional rights.  If you asked for a court-appointed attorney and qualify, you will be provided with your attorney’s contact information.  Next, the judge will review any law enforcement reports provided and decide if there is probable cause for the crime(s) charged.  If so, the judge will set conditions of release, that is, rules that you must follow while your case is pending.  You will receive a copy of the release conditions, which includes your next court date.

WHAT HAPPENS IF I DON'T APPEAR?

If you do not appear, a warrant will likely be issued for your arrest.

WHAT HAPPENS NEXT?
After your preliminary appearance, you will appear for an arraignment with your attorney (if represented).  Neither testimony nor evidence is presented at the arraignment.  The arraignment is generally your first appearance in court where you are asked by the judge to enter a plea. 

If you plead “not guilty” it means you deny the charge and none of your Constitutional rights are waived unless you expressly wish to do so. The next hearing will be a pre-trial conference where the prosecutor will also be present. At this conference, all motions may be heard or set for a hearing.  A jury trial may also be set along with a trial confirmation hearing.  If you have waived your right to a jury trial, you will receive a notice in the mail of your non-jury (bench) trial date.

If you plead "guilty" it means you admit the charge and the elements to prove the charge. By pleading guilty you waive your constitutional rights and in most cases the judge will sentence you immediately. Before you are sentenced, the judge will ask if you have anything to say on your behalf. In some cases, the judge will refer you to a probation officer for a pre-sentence investigation. In such a case, sentencing will be continued until the probation officer's report is ready.

You can receive more information about what an arraignment is from your attorney, the clerk, or by watching this video.


WHAT IF I NEED HELP?

If you need an interpreter, disability accommodations, or other information about the process, please contact the clerk at GHDC1@graysharbor.us or call (360) 249-3441.  You can also read more about the criminal justice process here.