Under Washington State criminal law Pretrial Conditions of Release (COR’s) are legal restrictions ordered by a judge after someone has been accused of a crime, like Driving Under the Influence (DUI) or Domestic Violence Assault (DV). Most people accused of a crime do not sit in jail while their criminal matter is pending resolution. On those cases COR’s act like laws restricting the defendant’s behavior while the case is pending. COR’s remain in effect unless a judge amends or cancels them or until the criminal charge is resolved. If the COR’s are violated, defendants may face more strict conditions or may even be booked into jail until the case is resolved.
COR’s are imposed on most felony criminal matters, most DV charges and on all DUI charges. Most judges do not impose COR’s non-DUI and non-DV misdemeanors like Reckless Driving and Hit and Run. COR’s on felonies usually include maintaining one’s current residence and phone number and restrictions on out of town travel. If the allegations on the case involve alcohol or drugs, then COR’s may include no use/possession or consumption of alcohol or drugs, random testing, or an ankle monitor to ensure alcohol and drugs aren’t being consumed.
In Spokane County most people accused of a DUI will deal with COR’s soon after their arrest. In Spokane a DUI First Appearance Hearing is usually held the next business day after a DUI arrest. At this hearing the judge will impose COR’s such as no new criminal law violations, appear on time for court hearings, only drive with a valid license and insurance and do not drive after consuming alcohol or drugs. If the defendant has a prior DUI charge and the new one involves an allegation of alcohol consumption, then the judge is required to order installation of the Ignition Interlock Device as a COR
In some situations, like a DUI with a COR for the ignition interlock device or a DV Assault charge with a No Contact Order prohibiting the defendant from going to their own home, the COR’s feel like a punishment before the case has even gone to trial. This is why it is so important to consult with an experienced criminal defense attorney as soon as possible. The faster your attorney starts working on the case, the faster the case can be resolved, which can lead to the cancellation the COR’s.