Charged for Child Injury in Washington What happened next

Have you ever missed a crucial legal deadline, only to realize it too late? In Washington State, many face this issue, especially with intricate time-for-trial rules. Understanding the law is essential to navigate these challenges effectively. This article discusses the Washington Supreme Court’s decision in STATE v. WALKER, offering insights on how to address such legal predicaments.

Situation

Specific Circumstances

In the state of Washington, a legal case unfolded involving a person who was babysitting in the town of Centralia. This person, who we’ll call Mary Walker, was accused of hurting a child. The case was about understanding Washington’s “time-for-trial” rule, known as CrR 3.3. This rule sets strict deadlines by which a trial must start. Initially, Walker was charged in a smaller court called the municipal court, but later, the case was moved to a bigger court, the superior court. The main question was whether Walker had given up her right to complain about the trial starting too late because she didn’t speak up in time after the trial deadline had passed.

Plaintiff’s Argument

The State of Washington, which was the side accusing Walker, argued that she lost her right to object to the trial date. They said her lawyer knew the trial date was set outside the time limits but didn’t tell the court about it soon enough. According to the State, this silence meant Walker waived her rights under the time-for-trial rule.

Defendant’s Argument

Walker and her lawyer argued that they did raise an objection within 10 days of being notified about the trial date, as allowed by CrR 3.3(d)(3). They insisted that this objection was on time, even though it came after the main trial deadline had passed. They believed the court should drop the charges because the rule about trial timing was violated.

Judgment Outcome

The court decided in favor of the State of Washington. They ruled that Walker had indeed lost her right to object because the complaint came after the time-for-trial period had expired. As a result, Walker couldn’t get the charges dismissed based on the late trial date. The case was sent back for more legal actions according to this understanding of the rule.

Resolution Method

Immediate Actions

If you find yourself in a similar situation where a trial date is set outside the allowed time, the first step is to act quickly. Once you receive a notice about the trial date, review it immediately, and if you believe it violates CrR 3.3, you need to file an objection right away. This involves submitting a formal motion to the court within 10 days of receiving the notice. The motion should ask the court to set a trial date within the legal time limits.

Filing and Submission Tips

When preparing the motion, ensure you have all the necessary documents organized. This includes the notice of the trial date and any correspondence that might support your case. It’s crucial to clearly state the reason for your objection and reference the specific rule, CrR 3.3, that supports your argument. Make sure to submit the motion to the correct court and follow up to confirm that it has been received and scheduled for a hearing.

Negotiation and Settlement Strategies

Sometimes, it might be beneficial to try and negotiate with the other party involved in the case. Discussing the possibility of rescheduling the trial date amicably can sometimes lead to a quicker resolution. If an agreement can be reached, it should be documented and submitted to the court. However, if negotiation isn’t an option, be prepared to present your case in court and emphasize the importance of adhering to procedural timelines.

FAQ

What is CrR 3.3?

CrR 3.3 is a rule in Washington State that sets the time limits for starting a criminal trial. It’s there to make sure that everyone gets a fair and speedy trial without unnecessary delays.

How long is the time limit for starting a trial?

The time limit for starting a trial under CrR 3.3 is usually between 60 to 90 days. It depends on whether the person charged is in jail or out on bail.

How do you object to a trial date?

To object to a trial date, you need to file a motion within 10 days of receiving the trial date notice. This motion should ask the court to change the trial date to fit within the legal time limits.

What does waiver mean?

A waiver in this context means that if you don’t object to a trial date on time, you lose your right to complain about it later. It’s like giving up your chance to say the trial date is wrong.

Can a trial be rescheduled?

Yes, a trial can be rescheduled if you object on time and the court agrees that the trial date breaks the rules of CrR 3.3.

What happens if you object too late?

If you object after the time-for-trial period has expired, it’s usually considered too late, and you lose your right to object, according to CrR 3.3(d)(3).

What is the role of the defense lawyer?

The defense lawyer’s job is to make sure they object to trial dates on time and tell the court if the rules about trial timing are being broken.

Can you appeal a decision about trial timing?

Yes, you can appeal a decision about trial timing, just like in the Walker case, which went all the way to the Washington Supreme Court.

What happens if a case is dismissed?

If a case is dismissed with prejudice under CrR 3.3, it means the charges can’t be brought up again, ending the prosecution of that case.

What is the trial court’s duty?

The trial court’s duty is to make sure trials start within the time limits set by CrR 3.3, protecting the defendant’s right to a speedy trial.