Loaded Rifle in Vehicle During Hunting Season

[ryans71]

My question involves criminal law for the state of: Washington.

Background: I was stopped in Nov '12 for a loaded weapon (Hunting Rifle) in my vehicle. Was loaded, but no round in chamber. I was with (2) friends as well and their rifles were not loaded. I was driving. A Game Warden was on the side of a logging road stopping and checking everyone.

In Washington it's a Misdemeanor (RCW 77.15.460), which I take pretty seriously. I have no criminal history (no arrests, charges, nothing, just a few traffic tickets), so I have a pretty clean record.

I just received the summons on 9/5 (yesterday) for a arraignment in about a week and a half. I got it moved out as I wasn't available on the day the summons had.

Now, what happens at an arraignment?

It's a $2,500 flat fee for a Lawyer to represent me. Is this something I can talk to the Prosecuting Attny about and get it either dismissed or down to a fine?

I looked up online and I found this: http://www.co.kittitas.wa.us/prosecu...guidelines.pdf

Looking for a little advise. I don't understand some of the "lingo" on that document. Like what is "6 month SOP" and "RCO probation with 1 $100 record check"

Thanks in advance for any help.

[Mr. Knowitall]

If you're in Kittitas County and it were me, unless I were convinced that the lawyer was actually going to get a better deal such as an outright dismissal, I would see if I could get the deferral described in those guidelines before paying a lawyer.

Some of the abbreviations in that document are not standard.

If no prior DFW violations (of any type), 6 month SOP (RCO probation with 1 $100 record check) with 24 hours community service within 90 days to a dismissal . If prior DFW violation (s) , 364/361 with a reporting date 90 days out and 12 months active probation. The three days jail may be met with proof of 24 hours of community service within 90 days. If more than one prior, additional jail.

Based on the context, my interpretation is:

If no prior [Department of [Fish & Wildlife violations] (of any type), 6 month [Suspension of Penalty] ([Record Check-Only] probation with 1 $100 record check) with 24 hours community service within 90 days to a dismissal . If prior [Department of [Fish & Wildlife violations] violation (s) , [364 days in jail with 361 days suspended] with a reporting date 90 days out and 12 months active probation. The three days jail may be met with proof of 24 hours of community service within 90 days. If more than one prior, additional jail.

Under my interpretation, a first offender under the guidelines would receive a six month suspended sentence (paying a $100 record check fee to verify eligibility, and also paying other court assessments), and would have the option of completing 24 hours of court-approved community service within the first 90 days of the sentence. After six months of unsupervised probation the court will hold a hearing to verify compliance with probation and, if the defendant submits acceptable proof of timely completion of the community service requirement, will dismiss the charge. If no such evidence is presented but the defendant has otherwise complied with probation, the court will enter the conviction and discharge the defendant.

[adjusterjack]

Was loaded, but no round in chamber.

If you think that's some sort of a distinction then I suggest you get rid of all your firearms and never touch another one in your life.

[ryans71]

Adjusterjack........Good point. Loaded is loaded.

- - - Updated - - -

Thanks Mr. Knowitall.

At the arraignment do I just plead guilty, then if I comply with the rules above, get a dismissal?

And how do I go about negotiating the deferrel? Do I contact the DA or Asst DA to make an appt or do I do at the arraignent, or before?

Again, thank you for the help.

[Mr. Knowitall]

No, what you would want to do is to either talk to a prosecutor or hire a lawyer to talk to a prosecutor, and then enter into a plea bargain consistent with the prosecutor's guidelines. If you plead guilty without plea bargaining, you will be convicted.

The manner in which a prosecutor might speak with a defendant, and even the hearings for which a prosecutor is present in court, can vary significantly by jurisdiction. Some prosecutors offices will have a prosecutor present at arraignment to work out deals, others will not have a prosecutor appear until a subsequent hearing such as a pretrial. Some prosecutors will communicate with unrepresented persons prior to the court date, others will say "Talk to the prosecutor who is in the courtroom on the day you appear"....

[ryans71]

Thanks. I'll try on Monday to see if I can talk with the DA. I don't have much time before the arraignment, so I don't want to screw around too long to hire an attorney. I've talked with one that sounds good, but he's $2,500 for this type of crime (which may be the going rate?). I've been told this guy is pretty good and don't want to get into a "get what your paid for" situation

- - - Updated - - -

OK, so I called the PA's office. I talked with the clerk there and she said that since they don't have any of the information about my case yet they're not in a position to discuss it. That makes sense. She also said the PA is NOT typically at the arraignment.

So now another question. Sounds like I have to go to the arraignment. What happens at the arraignment? What do I need to do there? Is it where I enter my plea and that's it? Then they schedule a pre trial meeting and that's where I negotiate a plea bargain as you described above?

The clerk said I'd need to call back after the arraignment if I want to discuss my case with the PA.

Thanks for the help

[Mr. Knowitall]

Start reading.

[ryans71]

I went to the arraignment, pled not guilty, and have received the dates for the pre trial hearing and the trial.

How do I find the outcomes of other cases like mine? I'm sure this has happened in this county before, so there must be some court records showing that RCW 77.15.460 was violated and what the outcome was for that offense.

Ryan

[Mr. Knowitall]

You talk to local lawyers who have handled similar cases.

[ryans71]

I did. He said they don't go with jail time or fines. But I'd like to find out what the outcomes have been lately.