Fireworks

Fireworks offenses are a criminal charge. These come with the possibility of monetary penalties and time spent in jail.

The most common fireworks offenses are unlawful possession of fireworks and the unlawful discharge or use of fireworks.  

Possession Fireworks

The local fireworks retailers usually carry fireworks that are classified as “Consumer Fireworks”.  The list of consumer fireworks is published yearly by the State Fire Marshall. You will find It posted at the sales stands. 

Officers will use the quantity of fireworks in your possession, as the measurement that determines if you have violated the law. 

You may be charged with a misdemeanor or gross misdemeanor.  A misdemeanor conviction comes with a 90 days maximum penalty in jail and a $1000.00 fine.  A gross misdemeanor conviction comes with a 364 days maximum penalty in jail and a $500.00 fine.

Illegal Fireworks

Include Firecrackers, rockets, M-80’s, dynamite, Sky Lanterns and all homemade fireworks and others that do not follow the definition of “Consumer Fireworks” . 

Unlawful Discharge or Use of Fireworks

It is illegal for anyone to discharge or use fireworks that creates a substantial risk of death or serious physical injury to someone or damage to someone else’s property.  This violation is a gross misdemeanor.

Discharge of fireworks have approved dates, times and locations. Maps and instructions are available on the County Websites. You will want to verify that you will be lighting your fireworks in an approved location. You can look at the local rules at the following links.

• Snohomish County
• King County
• Skagit County 
• Whatcom County
• Pierce County

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Criminal Cases in Court-The Process.

The court legal system can be very intimidating and even scary if you are not familiar with how the court system conducts business.  

The criminal court process may begin within a few days or many months after the date of arrest.  

The criminal court for your case begins when:

• The arresting officer provides you with a court date and time 
• A notice of hearing mailed to you from the court.

Arraignment

 An arraignment is the first hearing.  The reason for an arraignment is for you to understand what you are being charged with. The arraignment is where you would enter your plea of “not guilty”.    

A Private Attorney can enter your plea and waive your appearance for the arraignment if you are charged with a misdemeanor.

However a waiver of arraignment is not allowed and you are required to attend the hearing if you are charged with:

• DUI 
• Physical Control
• Domestic Violence.

When the plea is entered the judge will determine if you can be released .

The judge will consider:

• Your criminal history.
• Flight risk.
• Your alleged breath alcohol level at the time of arrest if charged with DUI.
• If you have made an effort to show the court that you are not a danger to the community. 
• If you have failed to appear for other cases.

The judge may impose conditions of release or have bail set for your release.  

If you are being charged with a DUI the judge might release you with conditions that may include:  

• Electronic home monitoring (EHM), 
• Restrictions on consumption of alcohol, 
• Installation of an ignition interlock device (IIL) 
• Alcohol monitoring ankle bracelet also known as a SCRAM bracelet. 

If you are being charged with a Domestic Violence crime the judge may impose:

• A no contact order  
• No possession of firearms.  

Pre-Trial Hearing or Readiness Hearing

The  Pre-Trial or readiness hearing is where the prosecution and the defense inform the court of their progress, negotiations, or if the case is ready for trial.  

Your case may be continued for additional readiness hearings based on:

courtroom availability,

additional evidence discovery,

continued negotiation, or

witness availability issues.  

Resolutions are possible at readiness hearings, depending on the negotiation with the prosecutor.

Motion Hearings   

Motion hearings are an opportunity for Legal motions to be presented. These motions may be to prevent your case from going to trial or relate to other needs.

Trial

If a resolution is not reached between the prosecutor and your attorney, then your case will be set for trial.  

You may choose between a bench trial or a jury trial.  

A bench trial allows the judge to be the sole person deciding if you are guilty or not guilty of the charges.  

A jury trial will consist of 6 people (if charged with a misdemeanor or gross misdemeanor) or 12 people (if charged with a felony).  

These people are randomly selected from the community, and will make the decision if you are guilty or not guilty of the charges.  

Sentencing

Sentencing is addressed after a finding of guilt has been decided for your case.  

Your attorney negotiates with the prosecutor regarding a sentence recommendation 

Often times both parties will have reached an agreed sentence recommendation that the prosecutor will present to the judge.

The judge has the authority to impose the sentence that he or she believes is appropriate for the crime.

This sentence may include fines, jail, restitution, evaluation, treatment, probation or other steps.

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What is Probation?

Probation is a specified period of time where jail and fines are usually suspended.

The court will sentence you after you are convicted of a crime. That may include payments and jail time.

The Judge may grant you probation. There are conditions that you are required to follow throughout the probation period.

Possible Probation Conditions may include:

• Alcohol evaluation.
• Drug or alcohol treatment. 
• SCRAM bracelet.
• Regular urinalysis drug tests. 
• Community service hours. 
• Meetings with your assigned probation officer.
• No new infractions or criminal charges.  

At the Sentencing hearing you will: 

• Be provided a written copy of the probation conditions.  
• Be required to sign the statement that you acknowledge and understand the required terms of release. 

Understanding the terms of your probation.

The Judge has granted you this probation and violating any of the conditions can result in jail time or additional fines being imposed.

What is a Probation Violation?

Violating the conditions is a serious offense.  Your probation officer or court representative will be notified immediately.

A court hearing will be scheduled regarding the violation.

The purpose of this hearing is for you to state to the court the reasons why you violated your probation.

• Your appearance in court is required. 
• If you fail to appear for the probation violation, a warrant may be issued.  
• The judge has the ability to revoke your probation and impose jail time.

There are many ways an experienced Criminal Defense attorney can fight for you.

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To ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

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