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Content current as of 01/12/25

Criminal Offenses

Serious traffic offenses (DUI, Reckless Driving, Hit and Run, etc.) and violations of City of Tacoma ordinances that carry the penalty of a jail sentence are commonly referred to as criminal offenses. An individual arrested for a criminal/criminal traffic violation may or may not be booked into jail. If an individual is released from custody, upon release they may be issued a citation with a court date or mailed a summons. A summons requires an appearance in court to respond to a charge that you have committed a crime.

Constitutional Rights

All individuals accused of a crime or traffic offense which carries the penalty of a jail sentence have the following rights:

  • To have a lawyer present at all hearings.
  • To have a lawyer appointed at public expense if the defendant cannot afford to hire one.
  • To Represent themselves without a lawyer.
  • To a public, speedy, jury trial in the City of Tacoma.
  • To cross-examine witnesses to testify on your behalf, and have the court compel their attendance.
  • To testify or not testify.
  • To appeal to the Superior Court if convicted after a not guilty plea.

In many cases, you should talk with an attorney before going to court for the first time. The attorney will advise on many aspects of the case, including but not necessarily limited to why or why not you should or should not plead guilty to the charge. An attorney from the Department of Assigned Counsel (DAC) is present at all arraignment hearings.

Defendants who cannot afford an attorney may be eligible to have a public defender assigned to their case. At the arraignment hearing, defendants must ask for a public defender, and the judge will determine their eligibility for a court-appointed attorney.

Whether in jail or out, a defendant is arraigned as part of the initial court hearing on the charge. The arraignment is usually a defendant’s first appearance. At the hearing, the judge informs the defendant of the charge and ensures the defendant understands their constitutional rights, as explained at the beginning of the court session. The defendant is then asked to enter a guilty or not guilty plea to the offense, or if they wish to speak with attorney, private or public defender, before entering a plea.

When you plead guilty, you admit that you committed the offense as charged. On the other hand, if you plead not guilty, you deny that you committed the violation or may have a defense to the charge. It is important to note that no constitutional rights are waived unless expressly waived by you, the defendant. The case will then be set for a pretrial conference, where all parties must be present. Plea agreements concerning the case may be presented at these hearings. The next hearing will be a bench or jury trial.

If the defendant waives their right to a jury trial, the next hearing will be a bench trial where the judge will hear testimony and decide the case. If a jury trial is requested, the case outcome will be determined by a jury panel of up to six citizens from the community. You are presumed innocent, and the plaintiff, the City of Tacoma, must prove guilty beyond a reasonable doubt.

You have the right to appeal a guilty finding. If you plead guilty, you waive your right to an appeal.

If you receive a summons to appear for a criminal charge, appearance in court is mandatory. If you fail to appear at your scheduled hearing, the judge may order a bench warrant of arrest. If the charge is a criminal traffic offense, you may also have your driver’s license suspended by the State Department of Licensing.

To quash a warrant, you must appear in person at the counter on the 8th floor of the County-City Building and make your request to schedule a warrant hearing. The court will not schedule warrant hearings over the phone. A warrant remains outstanding until you appear for a court hearing and the judge quashes the warrant.