What rights to due process does one have when the court tries to revoke a suspended gross misdemeanor sentence?

Asked almost 2 years ago - Lacey, WA

I am in Washington State and served 150 days out of 194 day maximum of a suspended sentence on a first time gross misdemeanor with no bail. I was not allowed to speak at my hearing, no evidence was allowed, and my accuser was not present. I would have brought up these issues at the hearing, but I was not allowed to speak.
I know that I am not afforded the same rights to a speedy trial in this case, but can I be held for 150 days out of a maximum 194 day suspended sentence? Isn't there some limit?
What rights do I have when arrested and awaiting a hearing to revoke a suspended sentence, and where can I read about them and reference them?

Certainly some legally guaranteed minimal due process is afforded to those returned to jail under these conditions.

Attorney answers (1)

  1. Christopher A Swaby

    Contributor Level 13


    Lawyers agree

    Answered . It is hard to imagine that the court had a hearing at which a defendant could face a loss of liberty without an attorney being appointed on the defendant's behalf. While it may be that there was proof of a law violation that warranted revocation of a suspended sentence, you should have had counsel there to present your arguments. You should immediately contact an attorney in your area; it may be that there is a public defender's office in Lacey that can help.

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