This document contains some of the Court’s rules and procedures that must be followed in CVB cases wherein a person has been charged as a defendant in a misdemeanor or petty offense case. This is intended only to provide a summary of the process; this is not to be considered an exhaustive list, nor is it intended as legal advice. For legal advice, you should contact an attorney immediately. If you are charged with a Class A misdemeanor and some additional misdemeanor offenses, the Court may appoint an attorney to represent you at public expense if you cannot afford to hire your own attorney.

A. The Notice to Appear

Carefully read the notice. It describes the charge(s) against you and assigns your hearing date.

If you are not able to be in Court on the date and time of the hearing, act quickly.

• You have 10 days from the date you receive the notice if you want to request a different hearing date. Requests may be submitted here:  https://www.wawd.uscourts.gov/cvb-confirmation. When counting the 10 days, you must include weekend days, and any holidays.
• Please visit the CVB website or call 1-800-827-2982 to pay your ticket, check the status of your ticket, or for any other questions.
• If you failed to appear in Court for your scheduled hearing, contact the Court at (253) 882-3810 if your hearing was scheduled for Tacoma; or contact the Court at (206) 370-8424 if your hearing was scheduled for Seattle. For cases that are scheduled for hearing in Bellingham/Mount Vernon, please contact the Court at (206) 370-8428 if you failed to appear in Court for the scheduled hearing.

B. If the notice tells you there is an amount that you can pay, then you have the option to follow those instructions to pay the fine.

You must either pay the fine specified in the notice, or you must come to Court at the date and time of the hearing (unless you requested and are granted a new hearing date). Some cases do not have an amount specified on the notice; this means you must attend the hearing and cannot resolve the case simply by paying a fine. The Central Violations Bureau has a website that will assist you: https://www.cvb.uscourts.gov.

C. Consent

If the case is a Class A misdemeanor under federal law, then at the beginning of the case, you will be asked whether you consent to the jurisdiction of a United States Magistrate Judge. You have a right to have your case handled by a United States District Judge. But you may waive that right and have a United States Magistrate Judge handle your case instead. If you decide not to consent, then your case will be assigned to a United States District Judge. If you do consent, then the case will be assigned to a United States Magistrate Judge. For more information about each of the Judges, use this link to access the Court’s website. https://www.wawd.uscourts.gov/judges

D. Court rules

The Court has local rules that apply only in the Western District of Washington. There are also Federal Rules of Criminal Procedure that apply to each of the United States District Courts for criminal cases. In addition, if you decide to appeal a decision of the United States District Court, there are Federal Rules of Appellate Procedure that you would be required to follow to appeal your case to the United States Court of Appeals for the Ninth Circuit. These rules may be accessed on the Court’s website, or you may find hard copies at a law library.

E. What to expect during the hearing

1. You will be advised of your rights.

• You have the right to remain silent at every stage of the criminal case. You are under no obligation to say anything to anyone about these charges.  Anything you say may be used against you in a court of law.
• You have the right to be represented by an attorney at every stage of this proceeding and may hire an attorney of your choosing. 
• If the government is seeking jail time you would have a right to have an attorney appointed by the Court at public expense if you cannot afford one. The Court will determine if you qualify for a court appointed attorney after reviewing your financial affidavit. 
• If you choose to hire an attorney, you will need to make those arrangements on your own.

2. You will be advised of the charge(s) and possible penalties. 

• Penalties and consequences may include imprisonment, probation, diversion programs -- for example, alcohol or drug treatment, fines, special assessments, restitution and processing fees.

3. You will be asked to enter a plea of NOT GUILTY or GUILTY.

If you plead NOT GUILTY the Judge will set a trial date.

If you plead NOT GUILTY, you have several rights as you move forward and have a trial, and if convicted, a sentencing process. (These rights would be forfeited if you decide to plead guilty)

• You have the right to be presumed innocent until the government proves its case against you beyond a reasonable doubt at trial. In some circumstances (a case that is a Class A Misdemeanor), you may be entitled to a jury of your peers; in other cases, you have a right to a trial before a judge. 
• In some cases – if you cannot afford an attorney, you would have the right to have an attorney appointed by the Court to represent you at public expense; in all cases, you have the right to be represented by an attorney of your own choosing at your own expense.
• At trial, you will have the right to confront and cross examine any witnesses. 
• You have the right to call and subpoena witnesses on your own behalf. 
• You have the right to testify, or you may remain silent;  if you remain silent, this will not be held against you.
• Even if you are found guilty, you have the right to appeal that finding of guilt and your sentence.
   

In some situations, for subsequent hearings or appearances, the Court may consider a request to appear by videoconference.

If you plead GUILTY the Judge will ask you a series of questions to make sure that you understand the process and the rights that you will forfeit by pleading guilty. If the Judge determines that you are knowingly, intelligently, and voluntarily deciding to plead guilty, then the Judge would accept the plea, and enter judgment. The government’s attorney will make a recommendation for your judgment and sentence and the Court will give you a chance to comment. The Court will then make the final decision.

• If you plead GUILTY, there will be no trial and the sentencing may happen on the same day as the guilty plea hearing. The Judge will place you under oath and will ask questions to evaluate whether you understand the rights that you will forfeit if you decide to plead guilty and to determine whether your decision to plead guilty is knowing, intelligent, and voluntary. The Judge must also determine if there is a factual basis for accepting your guilty plea. Therefore, you will also be asked to admit certain facts about the incident under oath.  If the Judge accepts your guilty plea, the Judge will enter a finding of guilt.

F. Sentencing

• If you plead guilty, or if you are found guilty beyond a reasonable doubt by a jury or by the judge, the next step is for the Judge to decide the sentence.
• The government’s attorney will make a recommendation regarding the sentence.
• The Judge will ask you if you wish to make a statement before the Judge decides on your sentence. You have a right to make such a statement; but you are not required to say anything at sentencing, and the Judge will not be considering this as a factor if you choose to say nothing.
• The Judge is not required to follow either recommendation, and retains the full authority to impose any sentence allowed by law.