Practice Advisories

WDA staff and the resource attorneys have created practice advisories on issues relevant to indigent defense. These documents are in Word format and you are encouraged to cut and paste them into your motions and other documents.

If you have an issue that you feel we should prepare an advisory on, let us know. If you have prepared practice advisories and would like to submit one for publication to the indigent defense community, please contact staff for publication to our data base.

As with all resources, WDA attempts to keep these documents current, but it is your responsibility to check the law for changes.

Here are the main subcategories for our Practice Advisories.


Below are the most recently updated documents and links in all practice advisories categories

Exceptional Sentences Down/Basis for Departure (01.2019)

This advisory discusses what qualifies for a departure downward and what doesn't, as well as areas for expansion.


Good Time Eligibility (Felony) (01.2019)

This advisory discusses the rule for early release, or "Good Time" on felony sentences in Washington, including what qualifies for "Good Time," how much is available and how to earn "Good Time."


Exceptional Sentence Down Below the Standard Range (01.2019)

This WDA Practice Advisory discusses the law and strategic considerations for using mitigation and seeking an exceptional sentence below the standard range.


Indeterminate Sex Offense Sentences – Plea Alternative Table (10.2018)

This Practice Advisory is a table of plea offer alternatives you can consider or propose when representing a client facing an indeterminate sex offense. Thanks to Brad Meryhew.


Indeterminate Sex Offense Sentencing: Counseling Your Client (10.2018)

This Practice Advisory discusses strategies for negotiating cases that involve a potential indeterminate sex offense sentence and tips to help prepare the client facing an indeterminate sentence. This advisory includes information...


Indeterminate Sex Offense Sentences and the ISRB (10.2018)

This Practice Advisory provides an overview of indeterminate sentencing for sex offenses for non-persistent offenders pursuant to RCW 9.94A.507.


Challenging LFOs in Courts of Limited Jurisdiction (10.09.2018)


Challenging LFOs in Superior Court


Right to Present a defense (8.2017)


Constitutional Jury Deliberation – 09.07.18

This WDA Practice Advisory includes a Sample Jury Instruction and Sample Polling Question to ensure that all jurors are present when the jury deliberates.