Washington Waiver of Rule 5(c)(3)(D) Hearing is a court hearing that provides an opportunity for a defendant to argue that the state should waive the requirement to have a hearing under Washington Rule of Criminal Procedure 5(c)(3)(D). This rule requires that a defendant be present for a hearing in which the court will consider the defendant’s criminal history and determine whether the charges against them should go forward. During a Washington Waiver of Rule 5(c)(3)(D) Hearing, the court may consider evidence presented by the defense, including the defendant’s character, prior criminal history, and other relevant information. Depending on the facts of the case, the court may decide to waive the Rule 5(c)(3)(D) hearing and proceed with the criminal case. There are two types of Washington Waiver of Rule 5(c)(3)(D) Hearing: the pre-trial waiver hearing and the post-trial waiver hearing. A pre-trial waiver hearing is held before the start of a criminal trial and the court can decide to waive the rule and allow the criminal case to proceed without a hearing. A post-trial waiver hearing is held after a criminal trial and the court can decide to vacate the defendant’s conviction and grant them a new trial if the court finds that the defendant’s rights were violated during the trial.