Out of State, Out of Mind, Out of Time

By Lance Hester; Dec 2001

     Several times each year we receive calls from people who live out of state but have criminal charges pending in Washington.  For some it’s a matter of dealing with an DUI received while vacationing here.  For others, it’s a warrant known to have existed for a dozen years following a rapid departure on the eve of a felony trial.  No matter what the circumstances, “time for trial” issues always seem to exist.  In fact, the Supreme Court recently decided a case that involved speedy trial issues when it handed down Alabama v. Bozeman, No. 00492, ___ U.S. ___ (2001).  The following is a summary of Washington State law as it relates to these issues:

CrR 3.3:  This court rule requires one incarcerated to be tried within 60 days.  It is an important rule for the criminal defense attorney to be aware of because at least one case suggests the 60 day time for bringing one to trial trumps the 90 days allowed to bring one to trial under the interstate agreement on detainers.

RCW 9.100:  Washington’s Interstate Agreement on Detainers Act.  It is a long document that was designed to give some uniformity to how the several states handle persons in their custody who have charges pending in other states.

RCW 10.88.200:  Washington’s Extradition Act.  Obviously, this act relates to extraditing those who have left the state while criminal charges were pending. 

     The case law surrounding all of the above is quite involved.  Much of it deals with “time for trial” issues.  And, in order to be equipped to answer calls from out-of-state defendants, the criminal defense practitioner is well advised to be familiar with the law in each area.