Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal
You can do an "alford plea" in WA...that is certainly your right. But the plea MUST satisfy the elements of the charge(s).
IF you can not do that, then the state is not obligated to offer the plea bargain.
That said, you have to "tell the truth"...the law does not permit you to lie to get the benefit of a plea bargain.
I have seen quite a few cases where the accused (defendant) is unable/unwilling to plea. In such cases, the judge will stop he proceeding and enter a plea of "not guilty" on the part of the accused. Then the judge will set the case for trial
SO if you can not plea, the court
will enter a plea of not guilty for you...and will set trial dates.
Now, if you can not afford an attorney, the court will appoint an attorney to represent you. But understand that the plea bargain would disappear...so you would be facing a criminal trial.
The state would have the burden to prove, beyond a reasonable doubt, your guilt. IF they can not, you will be found not guilty.
If they can, you will be convicted.
The facts you describe seem to form a "he said/he said"...so the jury would need to believe the cops version over yours...in a case like this, its key to have a good attorney to help "impeach" the cop...to try and make the cop less credible. If you can get the jury to believe the cop is lying, you may be able to beat the charge...if not, not.
Let me know if you have more questions