Arrested in Spokane? Here’s Exactly What You Should Do

Arrested in Spokane? Here’s Exactly What You Should Do

Short answer

If you are arrested in Spokane, the most important things you can do are stay calm, invoke your right to remain silent, and ask for an attorney immediately — then say nothing further to police until your lawyer is present. Do not try to talk your way out of the situation; anything you say can and will be used against you in court. Contact a criminal defense attorney as soon as you are allowed to make a call, because the decisions made in the first hours after an arrest can have a lasting impact on your case.

What Are My Rights the Moment I’m Arrested in Spokane?

The moment you are taken into custody, two constitutional protections become your most powerful tools: the right to remain silent under the Fifth Amendment and the right to an attorney under the Sixth Amendment. Washington courts take these rights seriously, but they only work if you actually use them.

Police are required to read you your Miranda rights before conducting a custodial interrogation. If they ask questions before doing so, any answers you give may be suppressible — but that is a legal argument for later. In the moment, your job is simple: state clearly that you are invoking your right to remain silent and that you want an attorney. Then stop talking.

It is worth understanding what “invoking” means in practice. A vague or wishy-washy statement may not be treated as a clear invocation. Say it plainly: “I am invoking my right to remain silent. I want an attorney.” After that, do not answer questions, do not volunteer information, and do not try to explain your side of the story — even if you believe your explanation is completely innocent.

What Happens After I’m Booked at Spokane County Jail?

After arrest in Spokane, you will typically be transported to the Spokane County Jail for booking. Booking involves recording your personal information, photographing you, taking fingerprints, and inventorying your property. Depending on the charge, you may be held until you can post bail or until a judge sets conditions of release.

In Washington, you are entitled to appear before a judge within a set period after arrest — generally within 48 hours for most charges, excluding weekends and court holidays. This first court appearance is called an arraignment or, in some cases, a preliminary appearance, and it is where bail or release conditions are addressed. Spokane County Superior Court handles felony matters, while the Spokane Municipal Court and District Court handle misdemeanors and gross misdemeanors.

In our experience, what happens at that first court appearance — especially whether you are released or held, and on what conditions — can set the tone for the entire case. Having an attorney present at this stage matters more than many people realize.

Should I Talk to the Police or Try to Explain My Side?

No. This is one of the most common and costly mistakes people make after an arrest. It feels natural to want to explain yourself, correct a misunderstanding, or cooperate in hopes of leniency. But statements made during police questioning are frequently used to build the prosecution’s case — even when those statements seem harmless or are meant to be helpful.

Police investigators are trained interviewers. They may tell you that talking will help your situation, that they just need your side of the story, or that things will go easier if you cooperate now. These are lawful tactics. You are not obligated to respond, and in almost every situation, you are better off waiting for your attorney.

This applies whether you are being questioned about a DUI, a domestic violence allegation, a theft charge, or a serious felony. The rule is the same across the board.

When Should I Call a Criminal Defense Attorney?

As soon as you are permitted to make a phone call. Do not wait to see how things unfold. Do not assume the charges will be dropped or that the situation is minor enough to handle on your own.

An attorney can begin working on your case immediately — reviewing why you were stopped or arrested, identifying any violations of your constitutional rights, communicating with prosecutors before charges are formally filed, and advising you on release conditions. Early involvement by a defense attorney genuinely changes outcomes in many cases.

If you or a family member has been arrested in Spokane or Eastern Washington, our Spokane criminal defense attorneys at Schwab Law, P.L.L.C. are available to help. Call us at (509) 795-1894.

What Are Common Charges After a Spokane Arrest?

Arrests in Spokane cover a wide range of alleged offenses. Some of the most common matters we handle include:

  • DUI (Driving Under the Influence): Governed by RCW 46.61.502, a DUI charge triggers both a criminal case and a separate Department of Licensing proceeding that has its own deadline for requesting a hearing. If you are facing a DUI, read our post on what happens after a first DUI charge in Spokane for a detailed walkthrough.
  • Domestic violence assault: These charges often come with mandatory no-contact orders that affect where you can live and whether you can see your children.
  • Drug offenses: Washington’s drug laws have changed significantly in recent years. The classification of the charge — misdemeanor or felony — depends heavily on the substance and circumstances.
  • Theft and property crimes: Ranging from shoplifting to burglary, these carry consequences that vary widely based on the value of property and prior criminal history.
  • Assault and weapons charges: These can escalate quickly to serious felony territory depending on alleged injury or the presence of a firearm.

What Mistakes Should I Absolutely Avoid After an Arrest?

Beyond talking to police, there are several other pitfalls that can seriously damage your defense:

  • Posting about the arrest on social media. Anything you publish online can be used against you. Stay off social media entirely until your case is resolved.
  • Contacting alleged victims or witnesses. If there is a no-contact order in place, violating it is a separate criminal offense. Even without a formal order, reaching out to witnesses can be characterized as tampering.
  • Missing court dates. Failing to appear in Spokane County courts results in a bench warrant for your arrest and can lead to additional charges.
  • Assuming a public defender will have enough time for your case. Public defenders are often excellent attorneys, but they carry heavy caseloads. If you have the means to hire private counsel, the additional attention to your case can make a real difference.
  • Trying to negotiate with prosecutors on your own. Prosecutors are not on your side. They may seem friendly, but their job is to obtain a conviction.

Does an Arrest Mean I Will Be Charged?

Not necessarily. An arrest and a formal criminal charge are two different things. After an arrest, the case goes to a prosecutor — either the Spokane City Attorney’s Office for municipal offenses or the Spokane County Prosecutor’s Office for county-level charges — who decides whether to file charges, what charges to file, or whether to decline prosecution altogether.

An experienced defense attorney can sometimes engage with prosecutors before charges are filed and provide context or evidence that influences that decision. This is another reason early legal representation matters.

This article is general information only and does not constitute legal advice. Every arrest and criminal matter involves unique facts, and you should consult a qualified Washington criminal defense attorney about your specific situation.

Key takeaways

  • Invoke your right to remain silent and ask for an attorney the moment you are arrested — then say nothing further to police.
  • You are generally entitled to appear before a judge within 48 hours of arrest in Washington; having an attorney at that first appearance matters.
  • Do not post on social media, contact witnesses, or try to negotiate with prosecutors on your own.
  • An arrest does not guarantee formal charges — early attorney involvement can sometimes influence whether charges are filed at all.
  • Spokane DUI arrests trigger a separate DOL license hearing with its own deadline, so contact an attorney immediately.

Frequently asked questions

Can police question me after I ask for an attorney in Washington?

No. Once you clearly invoke your right to an attorney, police must stop questioning you until your attorney is present. If they continue questioning and you answer, those answers may be challenged in court, but the safest approach is to simply stop talking and repeat your request for counsel.

How long can Spokane police hold me without charging me?

In Washington, you generally must be brought before a judge within 48 hours of a warrantless arrest, excluding weekends and court holidays. If probable cause is not established at that hearing, you should be released. The specific timeline can vary based on the charge and circumstances, so contact an attorney as soon as possible.

What if I can't afford a criminal defense attorney in Spokane?

If you cannot afford an attorney, you have the right to a court-appointed public defender under the Sixth Amendment. Let the judge know at your first court appearance. Public defenders are licensed attorneys, though private counsel may be able to devote more individual attention to your case.

Will an arrest show up on my record even if I'm not convicted?

In Washington, an arrest record can appear on background checks even without a conviction. However, Washington law provides mechanisms to vacate or seal certain records under specific circumstances. An attorney can advise you on whether your record qualifies for any of those remedies after your case concludes.

Helpful resources

Have a criminal defense question about your own situation? Learn more about how we can help, or call Schwab Law, P.L.L.C. at (509) 795-1894 for a consultation.

This article is general information about Washington law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different — for advice about your specific circumstances, please consult a licensed Washington attorney.

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Schwab Law, P.L.L.C. Office 1402 W. Broadway Ave.
Spokane, WA 99201
Phone (509) 795-1894 Email Email Hours Mon–Fri, 8:30 AM – 5:00 PM Secondary Office 103 E Indiana Ave, Suite A
Spokane, WA 99207 · (509) 903-6362

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