CRIMINAL PROCEDURES

LEGAL RIGHTS

If you have been charged with a crime and you are convicted, you could receive a fine and/or a jail sentence. You have important legal rights. These rights are explained below.

Please read it carefully.

ARRAIGNMENTS

An arraignment is your initial court hearing where you are advised of the charges and your rights. You are asked to plead guilty or not guilty. If a plea of not guilty is entered, your case will be scheduled for a Pre Trial hearing. If a guilty plea is entered, your case may or may not be settled at that hearing. The prosecuting attorney is not present at arraignments. If you fail to appear at your arraignment, a warrant may be issued for your arrest and your privilege to drive may be suspended. If you need a court appointed attorney to represent you, you may request one at this hearing.

PRETRIALS

A Pre Trial hearing is a chance for you to discuss your case with the prosecutor. If an agreement is not reached, you may request a Jury Trial or a Bench Trial. If you fail to appear at your Pre Trial, a warrant may be issued for your arrest and your privilege to drive may be suspended.

BENCH TRIALS

A Bench Trial is a trial held before the Judge. The Judge determines the outcome based on the evidence presented. If you fail to appear at your Bench Trial, a warrant may be issued for your arrest and your privilege to drive may be suspended.

JURY TRIALS

A Jury Trial is a trial held before 6 jurists. Jury Trials are held at the Thurston County Superior Court, Building 2, at the Thurston County Courthouse on Lakeridge Dr. in Olympia. If you fail to appear at your Jury Trial, a warrant may be issued for your arrest and your privilege to drive may be suspended.

FAIL TO COMPLY REVIEW HEARINGS

Review hearings are hearings scheduled by the court when there is no proof of compliance with court ordered conditions. These conditions include treatment progress reports, assessments, jail time, fines, etc. If you fail to appear at your review hearing, a warrant may be issued for your arrest and your privilege to drive may be suspended.

PUBLIC DEFENDER

The Public Defender is a lawyer appointed by the Yelm Municipal Court to represent individuals accused of crimes prosecuted in the Municipal Court and who are indigent and cannot afford to pay for a lawyer. The public defender does not handle civil lawsuits or traffic infractions. To have a Public Defender appointed to represent you, you must be considered indigent. If you are eligible, the court will appoint a Public Defender to represent you at either no cost or for a small fee.

WARRANTS AND FTA’S

When a defendant fails to appear for a scheduled court date, violates a condition of release or sentence, or fails to pay a fine, the judge may issue a bench warrant ordering the defendant's arrest. The defendant must then post bail in the amount set by the court and another court date will be set, unless the defendant meets the personal release criteria. In that case, the defendant will be released without having to post bail and will be given a new court date. An additional $100 warrant fee may be imposed by the court as well. If a warrant has been issued for your arrest, you may post bail at Yelm Municipal Court, 206 McKenzie Ave SE, Monday through Friday, 8am to 5pm, or come in on our add/on calendar held on court days. You must be at the front counter between 8:00am and 8:30am to be placed on the calendar. Please call the court at (360) 458-3242 to confirm the court days.

APPEALS

To appeal a guilty finding by the Yelm Municipal Court, you must file a Notice of Appeal within 30 days of the judgment. The Notice of Appeal form can be picked up and filed at 206 McKenzie Ave SE in Yelm, WA. Office hours are from 8:00 AM to 5:00 PM, Monday through Friday, except holidays. For a non-criminal case, you will need to pay a filing fee of $220.00. For a criminal case, you will need to pay a transmittal fee of $40.00. You may request an audio CD of the Court proceedings for a fee of $20.00