Know Your Rights

What Happens After You're Arrested in Seattle

JB
Janet Bergstrom
Criminal Defense Attorney · 2025-02-18

Being arrested is terrifying — especially if you've never been through the process before. Understanding what happens step by step gives you power. Here is the complete process for adult arrests in King County, Washington.

Step 1: The Arrest

Police must have probable cause to arrest you. This means they need specific facts suggesting you committed a crime — not just a hunch. At the moment of arrest, you have the right to remain silent and the right to an attorney. Invoke both immediately: "I am invoking my right to remain silent and I want to speak to an attorney."

Do not explain. Do not justify. Do not try to talk your way out of it. Anything you say will be used against you — not just in court, but in the arrest report that forms the foundation of the prosecution's case.

Step 2: Booking

You'll be transported to the King County Jail (or a local municipal jail) for booking. This involves: fingerprinting, photographing (mugshot), recording personal information, inventory of your belongings, and a health screening. Booking typically takes 2–6 hours.

Step 3: Bail Determination

For most misdemeanors, a bail schedule allows release within a few hours after payment. For felonies, bail is set at arraignment or a separate bail hearing — usually within 24–72 hours. Factors affecting bail include the severity of the charge, criminal history, ties to the community, and flight risk.

Step 4: Arraignment

Arraignment is your first court appearance, usually within 24–72 hours of arrest for in-custody defendants. You will be formally charged, enter an initial plea (almost always "not guilty"), and bail will be confirmed or modified. This is where having an attorney already in place makes a significant difference — we appear at arraignment for you.

Step 5: Pre-Trial Process

After arraignment, the case enters the pre-trial phase: discovery (obtaining all evidence the prosecution has), motions to suppress evidence, plea negotiations, and hearing scheduling. This phase can last weeks to months depending on the complexity of the case.

The Most Important Thing You Can Do Right Now

Call an attorney immediately. Not after booking. Not after arraignment. Now. The first 24 hours are critical — evidence can be preserved, witnesses located, and sometimes charges can be influenced before they're formally filed.

Frequently Asked Questions

How long can police hold you without charging you in Washington?
Washington law requires that you be brought before a judge within 24 hours of arrest for arraignment or to determine probable cause, excluding weekends and holidays. Practically, you may be held 24–72 hours before seeing a judge.
Can I refuse to answer questions after I'm arrested?
Yes. You have the absolute right to remain silent under the Fifth Amendment. After invoking this right, officers must stop questioning you. Anything you say before invoking this right can be used against you.
What is the difference between being arrested and being charged?
Arrest is the physical detention by police. Charges are filed by the prosecutor after reviewing the police report. Prosecutors sometimes file different charges or lesser charges than what you were arrested for — or decline to file charges at all.

Questions About Your Case?

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