OFFICE OF THE

LINCOLN COUNTY

PROSECUTING ATTORNEY

Ron Shepherd
Prosecuting Attorney

Phone:  509.725.4040
Fax:509.725.3478

P.O. Box 874

450 Logan Street,

Davenport, WA 99122
Map

Welcome to the Office of the Prosecutor

Mission Statement

Welcome to the Office of the Prosecutor

The prosecuting attorney is the lawyer for the people of Lincoln County. One responsibility of the prosecutor is to enforce criminal laws and work for the victims of crime  to obtain restitution for losses and state benefits. The prosecuting attorney also serves as the legal advisor to the Board of County Commissioners and to the county’s elected officials and departments, provides legal guidance and opinions regarding federal, state and local laws, works closely with law enforcement agencies, such as the Sheriff, city Police and the Washington State Patrol and provides legal advice to law enforcement, assists in certain child support cases, and performs a number of other duties. Deputy prosecutors are appointed by the prosecutor to help perform these duties. The prosecutor and the deputy prosecutors must be admitted to practice law in the State of Washington.

Mission Statement

The mission of the Lincoln County Prosecuting Attorney's office is to serve Lincoln County and its people by promoting the fair administration of justice. The Lincoln County Prosecuting Attorney's office conducts its mission:

·        By effectively and ethically prosecuting all violations of criminal law for which sufficient evidence exists within established prosecutorial guidelines, while preserving the rights of the accused to a fair trial.

·        By advocating and protecting the rights of crime victims and witnesses.

·        By impartially advising the Board of County Commissioners and the elected and appointed officials of Lincoln County.

·        By effectively and ethically representing Lincoln County in civil matters.

·        By operating in a fiscally responsible manner.

PROSECUTING CRIME

The prosecuting attorney is mandated under RCW 36.27.020 to prosecute all criminal cases brought under state statutes or county ordinances. Prosecution includes advice to law enforcement officers during investigation to determine if criminal charges should be filed, plea negotiations, pretrial hearings, trial, sentencing hearings and appeals. Criminal prosecution is divided into four areas: adult felonies in Superior Court, adult misdemeanors in District Court, all juvenile cases in Superior Court/Juvenile Division; and prosecution of appeals in the Court of Appeals and Supreme Court.

PROVIDING LEGAL REPRESENTATION IN CIVIL ACTIONS WHERE STATE OR COUNTY MAY BE A PARTY

Where the state or county may be a party in a civil action, the prosecuting attorney may prosecute or defend. This includes pleadings, answers, interrogatories, depositions, motions, negotiations, trial and appeal.

PROVIDING LEGAL ADVICE TO COUNTY GOVERNMENT

Serving in its role as an in-house law firm for the county, The office of prosecuting attorney is the legal advisor to county commissioners and other elected officials and works closely with those officials in solving a wide range of legal problems by providing general day-to-day legal advice. This may include both informal advice and formal legal opinions, preparation, review and/or approval of resolutions, ordinances, covenants and agreements, as well as representing the county in administrative hearings, judicial proceedings and other actions

The prosecuting attorney does not give legal advice to the public. Members of the public should contact a private attorney for personal advice (for example, when seeking advice on divorce, landlord tenant issues, contracts, etc.).   The Washington State  Bar Association as the administrator for Washington Access to Justice maintains a lawyer referral service  which you may access here to determine your eligibility. This site also maintains information on a variety of other legal services.  You may also call CLEAR (Coordinated Legal Education, Advice & Referral) at 1-888-201-1014 for a referral to a local attorney. 

VICTIM/WITNESS ASSISTANCE

 Defendants convicted in Lincoln County are ordered to pay a fee that helps fund a crime victim program with the prosecuting attorney’s office. This program assists the attorneys with victims and witnesses for hearings and trials and preparing documentation for court.  Program support provides assistance in applying for victim's compensation, determining restitution in adult and juvenile felony cases, providing case status information to victims and educating victims and witnesses about the criminal justice system, as well as acting as a referral resource for other agencies.

SUPPORT FOR THE ESTABLISHMENT OF PATERNITY AND CHILD SUPPORT

The DSHS/Division of Child Support contracts with the prosecuting attorney to handle paternity cases for both welfare and non-welfare parents. The Lincoln County Child Support Program is 100% funded by the State of Washington.  Determination of paternity involves interviewing the mother, filing a lawsuit against the possible father(s), genetic tests, pretrial motions, entry of a judgment, and on occasion a trial. This may also involve interrogatories and guardian ad item reports. DSHS/DCS locates absent parents and enforces the child support orders. If the absent parent resides out of the area, the procedure can be done through an UIFSA (Uniform Interstate Family Support Act) action. This is an act whereby other states and some countries have agreed to reciprocally handle child support cases when one of the involved parties reside there. The prosecutor also handles modifications of child support where a child is receiving public assistance. The prosecutor may also opt to file civil or criminal contempt charges for not paying child support.

MISCELLANEOUS DUTIES

In addition to the duties enumerated under RCW 36.27.020, other duties of the prosecuting attorney include examining official bonds of all county and precinct officers; examining all public records and books of the county auditor, assessor, treasurer, superintendent of schools and sheriff; preparing ballot titles and recall petitions, being a member of canvassing board; representing and advising Civil Service Commission. 

CORONER

By statute, the Prosecuting Attorney also serves as the County Coroner in Lincoln County and is responsible for investigating and certifying the cause of death in those cases where death is sudden, unexpected, or the result of an accident or unlawful means. This work is accomplished by coordinating with the Sheriff, local doctors and medical staff, hospice workers, pathologists, regional medical examiners, investigators, and family members and next of kin.

In cooperation with local doctors, the Coroner does not assume jurisdiction in those cases where death is due to natural causes or disease and is anticipated.

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INTERNET RESOURCES

FEDERAL HYPERLINKS

WASHINGTON HYPERLINKS

Legislative Directory Information:

Legislation:

·        Statutes

·        Pending Bills and Other Legislative Information  

·        Washington State Supreme and Appellate Court Decisions, Revised Code of Washington and Washington Administrative Code, and Washington State County and City Municipal Codes - www.legalwa.org  (Municipal Research Services Center Site)

·        Municipal Research Services Center - www.mrsc.org

State Constitution:

·        Constitution    

Washington Court Opinions:

Administrative Code:

·        Administrative Code

Child Support:

·        Division of Child Support’s Child Support Resource Center (Home Page) - www.dshs.wa.gov/dcs/

·        Division of Child Support Forms - www.dshs.wa.gov/dcs/forms/shtml

·        Child Support Laws - http://www1.dshs.wa.gov/dcs/lawindex.shtml

Additional Collections of State Legal Resources:

·        LII American Legal Ethics Library

·        Statute Law Committee, Office of the Code Reviser

·        Municipal Codes

·        Marian Gould Gallagher Library, University of Washington

·        Washington State Law Library

·        Other States

LEGAL ORGANIZATIONS

GUIDES TO LAW ON THE WEB

MISCELLANEOUS LEGAL WEB SITES

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OVERVIEW OF THE “SYSTEM”

 Criminal charges are filed by the Prosecuting Attorney in the name of the State of Washington.  Although a crime is usually committed against an individual victim, our law considers it a crime against the community as well.  Thus, all criminal charges are filed under the caption:  "The State of Washington (as plaintiff) vs. (a named) defendant".

In our system of criminal justice, a defendant is presumed to be innocent until he or she is proven guilty by evidence "beyond a reasonable doubt".  Thus, although charges are filed against a defendant, the matter is not "closed" until the defendant has been proven guilty after a trial or enters a plea of guilty to the crime charged.

COURT PROCEEDINGS

There are several court proceedings which take place in any criminal case.  Other than the trial, these proceedings are called "hearings", and they are:  (1)  first appearance; (2)  arraignment; (3)  omnibus hearing; (4)  trial; and, (5)  sentencing.

Although the victim or witnesses may do so,  it is  generally NOT NECESSARY for them to attend any of these hearings except for the trial.  If the victim or witness is required to attend a hearing, they will be notified..

(1)  FIRST APPEARANCE.  After the defendant is charged with a crime, the law requires that he or she appear in court to be informed of the charges.  At this hearing, the defendant is told about the right to have a lawyer represent him and if the defendant cannot afford an attorney, one is appointed at public expense.  Also, conditions of release are set by the judge, which may include bail.

It is important to keep in mind that our system of law "presumes" a defendant to be innocent until proven guilty.  Conditions of release reflect this legal presumption, so a defendant may be released before trial on "personal recognizance" (a promise to appear for further proceedings).  However, if the judge feels that a defendant may not appear, bail may be set.  In any case, the defendant may be ordered to stay away from the victim and witnesses. Other conditions of release may also be imposed. If the judge finds that the defendant is likely to commit a violent crime, intimidate witnesses or interfere with proceedings, the judge may refuse to release the defendant.

(2)  ARRAIGNMENT.  This is the court hearing when the defendant enters a "plea" to the crime charged.  This hearing usually takes place within two weeks after the charges are filed.

A "plea" may be "guilty" (the defendant admits that he committed the crime charged) or "not guilty" (which is a denial).  If the defendant enters a not guilty plea, the charge must be proven at a trial.  Almost all defendants plead not guilty at the arraignment.  Usually, this is because the defendant and defense attorney may not be aware of the nature and strength of the prosecutor's case.  Thus, the defendant may later change his/her plea and enter a plea of guilty before the trial date.

Oftentimes, people wonder how a defendant can plead "not guilty" when you know otherwise -- especially when a defendant has confessed to the police or other investigative agency.  This is because in spite of the evidence pointing to the defendant's guilt, he or she retains the right to plead "not guilty" which in turn requires the state, through the prosecuting attorney's office, to prove it.

After a "not guilty" plea, a trial date will be set by the court.  You will be notified of the trial date.

(3)  OMNIBUS HEARING. The omnibus hearing is held before the trial.  At this hearing, the state exchanges information with the defense attorney.  The defense receives investigative reports concerning the crime charged and a list of witnesses who will be called by the Prosecuting Attorney.

In turn, the defense is required to tell the prosecutor who the defendant plans on calling as witnesses at trial.

The purpose of this hearing is to make sure that both the prosecutor and the defendant are fully aware of the evidence which may be presented during the trial.  If each side knows the strength and/or weakness of the other side's case, further proceedings may run more smoothly, and a trial may not be necessary.

(4)  THE TRIAL.  As mentioned earlier, this is the court proceeding at which the victim and witnesses must appear.

Trials are usually held before a jury of twelve people (or six, in District Court) who are selected the day the trial begins.  The prosecuting attorney presents evidence to the jury through the testimony of witnesses.  These witnesses are questioned ("examined") by both the prosecutor and the defense attorney.  After the jury hears all of the evidence, they deliberate until they reach a verdict of either guilty or not guilty.

Before the jury can return a verdict of guilty, all twelve of the people on the jury must be convinced "beyond a reasonable doubt" that the defendant committed the crime.  This means that the jury must have no reasonable doubts about the guilt of the defendant.

In many cases, the defendant will change his "not guilty" plea prior to trial and plead "guilty".  This happens in a majority of cases, and if it does, you will be notified promptly.

(5)  SENTENCING.  After the defendant is found guilty (after trial or by a plea), he/she appears before a judge to receive his/her "sentence" or punishment.  This hearing usually occurs within 40 days after the trial or plea of guilty.

At this hearing, the prosecutor and the defense attorney make recommendations about the sentence to the judge.  Our law also establishes "guidelines" for any jail or prison time the defendant may receive.  Within these guidelines, the judge imposes the sentence.

Besides jail time, the judge usually sets restitution.  That is, the judge orders the defendant to pay the victim back for any damage or loss suffered by the victim of the crime.

Although a victim’s presence is not required at the sentencing hearing, we encourage victims of crimes to appear.  As a victim, you have the right to tell the judge what you think.

MISCELLANEOUS MATTERS

You may have other questions about the criminal justice system which are not directly related to courtroom procedures.  The following topics are frequently asked of us by victims or witnesses, so we will try to briefly set out the following explanations:

1.  Charging:  The prosecuting attorney files charges when there is sufficient admissible evidence to prove that a person committed a crime.  "Admissible" means evidence that the law allows the jury to hear or see at trial.

Time and space limitations prevent discussion here of the various laws and rules that govern the admissibility of evidence.  However, bear in mind that you and I may know someone committed a crime, but we must be able to prove it by evidence.

2.  Plea Bargaining:  Sometimes, it is found during investigation after the crime has been charged, that circumstances did not appear as they originally seemed, or evidence is not allowed at the trial or witnesses to the crime have disappeared.  In such circumstances, we may be forced to reduce a charge or agree to recommend a lighter sentence to the judge at sentencing.  However, prior to any such agreement, the prosecutor handling the case will discuss the matter with the victim in order that the victim is fully aware of the circumstances.

3.  Interviews by the Defense Attorney:  All criminal defendants have the right to have their attorney interview the victim and/or witnesses before the trial.  (The prosecutor has the right to talk to defense witnesses as well.)  Accordingly, you may expect to be contacted by a defense attorney.  If you have any questions about this, please let us know.

4.  Your Appearance at Trial:  You will receive a subpoena from the prosecutor's office which tells you the date and time for your testimony.  A subpoena is not an invitation; it requires you to be present.  You may be assured that we realize that being a witness at trial is an inconvenience and may present problems for you at home and at work.  Accordingly, we will try to arrange the most convenient time for your appearance.  However, this is not always possible.

5.  Your Input:  The Prosecuting Attorney's Office desires to keep you informed about what is happening with your case.  In order that we keep you abreast of events, please let us know when you change your address or telephone number.  We also appreciate your input on the case.

As a victim or a witness to a crime, you have suffered or been inconvenienced in many ways.  Please keep in mind that the impositions put upon you by "the system" are necessary in order that we may bring offenders to justice.  We try to minimize these difficulties for you.  Your patience and understanding is appreciated and helps us to do our job for you. 

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CRIME VICTIMS BILL OF RIGHTS

            There shall be reasonable effort made to ensure that a victim of crime has the following rights:

1)         To be informed in a timely manner of court dates, changes in court dates, and final case disposition;

2)         To received protection from harm and threats of harm resulting from cooperating with the prosecution of the case;

3)         To be informed of procedures for accessing witness fees;

4)         To be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because you have testified.

5)         To submit a victim impact statement;

6)         To enter an order of restitution in all felony cases;

7)                 To have stolen or other personal property expeditiously returned when no longer needed as evidence:

8)                 To be provided a secure waiting area during court proceedings;

9)                 To designate another person as your (the victim's) representative for purposes of the above mentioned rights.

CHILD VICTIM’S BILL OF RIGHTS

            There shall be every reasonable effort made to ensure that a child who is a victim of a crime has the following  additional rights:

1)         To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which the child may be involved;

2)         To be provided a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings;

3)         To not have the name, address, nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state agency without the permission of the child victim, child witness, parents or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to child victims or witnesses;

4)         To allow an advocate to make recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential effect of the proceedings on the child;

5)         To allow an advocate to provide information to the court concerning the child's ability to understand the nature of the proceedings;

6)         To be provided information or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the child is involved;

7)         To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child;

8)         To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in order to promote the child's feelings of security and safety;

9)         To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates or prosecutorial staff trained in the interviewing of the child victim;

10)      To be informed in a timely manner of court dates, changes in court dates, and final case disposition;

11)      To receive protection from harm and threats of harm resulting from cooperating with the prosecution of the case;

12)      To be informed of procedures for accessing witness fees;

13)      To submit a victim impact statement;

14)             To enter an order of restitution in all felony cases;

15)             To have stolen or other personal property expeditiously returned when no longer needed as evidence.

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 AN  OVERVIEW OF RESTITUTION TO CRIME VICTIMS

I was the victim of a crime. Can I get money for what I have lost?

              Who is entitled to Restitution?

            A victim in a criminal case has a right to request the sentencing court to order the defendant to pay restitution as part of his/her sentence.  The court can order an offender to pay restitution to any person who has suffered personal injury, damage to or loss of property as a result of a crime from which a finding of guilt is entered.

            What losses are considered for Restitution?

            Restitution may be ordered for easily ascertainable damages for injury to or loss of property, and actual expenses incurred for treatment of injuries to persons and loss of wages resulting from injuries.  The damage, loss or injury must have a direct and reasonable connection to the specific crime for which a finding of guilt is entered.

            Restitution may also be ordered for costs of counseling that is reasonably related to the offense for which the finding of guilt has been entered.

            What is not considered for Restitution?

            By law the Court may not order restitution for things such as mental anguish, pain or suffering, or other intangible losses. 

            How is Restitution Enforced?

            An order of restitution becomes part of the Judgment and Sentence.  Any violation of a term or condition of a sentence can be punished by incarceration for up to 60 days for each violation.  A person may thus be punished by the Court if he/she fails to abide by the terms of the order of restitution if it is shown the violation is willful.  If the violation is not willful, such as when the individual is unable to pay because of circumstances reasonably beyond his/her control, the Court may not punish the violation.  As part of the order of restitution, the court may order that a specified minimum monthly payment be paid toward the total.  If the Court does not set a payment schedule, the Department of Community Corrections or Probation Officer will establish a payment schedule.  A payment schedule will be determined or set based upon the defendant's means and livelihood.  Payments toward the restitution obligation are monitored by the Department of Corrections or his/her probation officer.  In addition, the Department of Corrections may issue a notice of garnishment of wages or a lien.

            A Judgment and Sentence that includes a restitution obligation may also be enforced by the victim as in any civil judgment.

            Does an order of Restitution limit a victim’s civil remedies?

            No.  Civil remedies that may be available to a victim or survivors of a victim are not limited or affected by an order of restitution in a criminal case.

            How is Restitution sought and determined?

            Once a criminal case, which involves a victim, is filed the Prosecutor usually sends a notice to the victim.  This will usually include a "Restitution Estimate" form for the victim to fill out.  When completed this form should be returned to the Prosecutor's office.  It should be returned prior to trial or a guilty plea, but in any event it needs to be received by the Prosecutor prior to sentencing of the defendant.  The victim may call the Prosecutor's Office and request a "Restitution Estimate" if he/she has not yet received one.

            Once the Restitution Estimate has been received by the Prosecutor he/she will provide the defense with a copy.  At the time of sentencing the Prosecutor will give the Restitution Estimate to the sentencing Judge.  If the defense objects to the amount or anything claimed in the Restitution Estimate, the Court may hold a hearing on the issue at the time of sentencing or thereafter.  The restitution must be determined no later than 180 days after the time of sentencing.  If a hearing is held on the issue, the victim or his/her qualified representative may have to appear to explain the amount and what is claimed as requiring restitution.

            I was the victim of a crime, and the defendant was ordered to pay restitution to me. Since then, I have more medical and   counseling bills. Will the defendant pay for those too?

            In some cases, the court will consider changing the amount of restitution the defendant must pay. The Crime Victims Compensation Program may also provide financial help if you have ongoing treatment or counseling. Our office can provide the form you need to get this help.

            Why am I not getting my restitution check?

            If the court ordered the defendant to pay restitution to you, but you are not getting money, it could be because the defendant is still in jail or prison, or the defendant is not making any money to pay to the court, or the defendant isn’t paying for some other reason. You may have to wait a long while for money. Various departments, including the Washington State Department of Corrections, are then responsible for collecting money owed to victims. The Clerk of the Court where the case was filed will send the money to you as it is received. If you are not receiving your restitution you should contact that Clerk’s office to make sure it has your correct address. If the defendant has community supervision or probation, you can also call the defendant’s community custody officer or probation officer about the lack of payment.

            How do I collect restitution when I know the defendant is working but isn’t paying?

            The defendant is responsible to make his or her community corrections officer or probation officer aware of his or her living and employment status. If you have additional information about the defendant, the community corrections officer or probation officer would like to be informed. If the defendant is not being supervised, contact the Clerk's office of the court in which the case was heard.

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Updated September 2, 2005

Disclaimer

            The Lincoln County Prosecuting Attorney’s web site was established to serve the public with information about the role of a Prosecuting Attorney and to provide convenient access to resources on the internet. The information contained in this web site and its associated web pages is meant to provide legal information, not legal advice. It is our goal to provide information that will help the general public, but we cannot provide legal opinions.

Do not take legal action in reliance on the information posted on our pages. Criminal laws and procedures in other States and countries may differ significantly from Washington’s laws and procedures. Our web pages provide general information that is intended, but not guaranteed, to be correct, complete and up-to-date. They are not presented as a source of legal advice. You should not rely for legal advice on statements or representations made within this web site or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney in your area.

            Lincoln County and the Lincoln County Prosecuting Attorney do not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.

            DISCLAIMER FOR HYPERTEXT LINKS: Although great effort has been expended to ensure that only the most meaningful on-line legal resources are linked from these pages, Lincoln County and the Lincoln County Prosecuting Attorney do not endorse, guarantee or warranty the accuracy, reliability or thoroughness of any referenced information, product, or service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Lincoln County or the Lincoln County Prosecuting Attorney.  Links either to or from our Web pages do not constitute a referral. The existence of any particular link is simply intended to imply potential interest to the reader.  Authors linked to the Lincoln County Prosecuting Attorney’s web pages do not necessarily reflect this office’s views or policies. Referenced sites have been reviewed to determine appropriate content before the link was created. Any change made to the site’s content after we create a link is the author’s decision and we do not assume responsibility for any of the information the new site may contain. This office is not responsible for any errors or omissions in pages linked from this site.

            The webmaster of this site will gladly remove any link from this site upon request from the linked entity.  Gender-specific references are not intended to limit the statement to gender-specific results. Unless noted otherwise, “he” can readily be substituted for “she”, and vice versa.

            Acknowledgment of any business, commercial product, process or service by trade name, trademark, manufacturer on this site does not constitute Lincoln County’s or the Lincoln County Prosecuting Attorney’s support, endorsement or recommendation of its products or services.

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