Criminal Justice Process
Prosecuting Attorney
Reporting the crime and investigation
When you report a crime to law enforcement, an officer goes to the crime scene to find out what happened. An arrest may be made at that time.
Many times a detective with special training is assigned to the case. The detective interviews everyone involved, gathers evidence, and writes a report that is sent to the Prosecuting Attorney with a charging request.
The Skagit County Prosecutor’s Office does not investigate crimes. Law enforcement must refer a crime to our office before we review it for charging.
Charging decision
Once law enforcement sends a charging request to our office for review, we assign the report to one of the Deputy Prosecuting Attorneys.
The deputy prosecutor reviews the report to decide if there is enough evidence to file charges. One of three things will occur:
- No charges are filed because there is not enough evidence or for other reasons.
- Further investigation is required and law enforcement is asked to get more information.
- Charges are filed in a document called an Information.
If charges are filed, they are filed on behalf of the State of Washington and not on behalf of you as the crime victim. The prosecutor represents the State of Washington and does not represent you or any other victim or witness of the crime.
Warrant or summons
If the decision is made to file charges, the defendant is told about the charges by either a summons sent by mail or a warrant for arrest. In most cases, a summons is issued.
If the case involves allegations of violence, a warrant may be issued.
First appearance
If a suspect is arrested and held in jail, they have a right to a hearing before a judge within 72 hours of arrest. This hearing is called a first appearance.
At the first appearance, the judge decides if the defendant is released or if they must post a bond. The charges are read to the defendant. The judge advises the defendant of their rights and appoints an attorney if needed. No plea is entered at this hearing.
Unless it is a death penalty offense, the judge must set a bail amount while the defendant is waiting for trial. The judge can also set other conditions of release, such as no contact with you as the victim.
Arraignment
Within two weeks after the first appearance, the defendant and the defendant’s attorney must appear in court for the arraignment.
During the arraignment, the charges are read again to the defendant. The judge tells the defendant about their rights. In almost all cases, the defendant enters a not guilty plea.
The court then sets dates for an omnibus hearing and a trial.
Meet and greet
For some crimes, such as violent crimes, the deputy prosecutor assigned to your case may contact you to meet. This is usually an informational meeting and usually lasts 15 to 60 minutes.
Defense interviews
The defense attorney may want to interview you. This can happen any time up until trial.
The Victim/Witness Unit will gladly set up an interview for the defense attorney or defense investigator. If the defense contacts you directly, you may tell them to contact the prosecutor’s office.
If you wish, a prosecutor and/or a victim witness advocate will be present during the interview.
Omnibus hearing
The omnibus hearing is a status conference for the defense attorney and the prosecuting attorney. At this hearing, the attorneys report on the progress of the case and request any further information they need from each other.
The trial date that was set at the arraignment may be changed at this time. If there are other legal motions that the judge must decide, the court may set a date for those motions.
Omnibus hearings are generally short and last less than five minutes. The defendant may or may not be present.
Confirmation hearing
The confirmation hearing is generally held on Thursdays at 1:30 p.m. At this hearing, the attorneys report on the progress of the case and say whether the case is ready for trial or has reached a settlement.
The trial date may be changed at this time for a variety of reasons.
Change of plea
Many times the parties reach a resolution in the case before trial. This is called a plea bargain.
A plea bargain may include an agreement to a particular sentence, a reduction in the number of charges, or a change in the actual charge.
If the defendant accepts a plea bargain, there is no trial. You and other witnesses do not have to testify. The prosecutor does not have to prove the allegations beyond a reasonable doubt, and there is no appeal.
Instead, the defendant pleads guilty under the terms of the plea bargain and the case moves to sentencing. Sentencing is usually held right after a change of plea. However, sentencing can be delayed and held at a later time.
Trial
Trials are heard either before a judge or before a jury.
The court issues subpoenas to anyone who must testify at trial. If you receive a subpoena, you must appear in court. If you do not appear, the judge may issue a warrant for your arrest.
It is very important to contact the Victim/Witness Unit or the Deputy Prosecuting Attorney assigned to the case before the trial date. They will tell you when and where you need to appear.
Trials may start on the date and time listed on the subpoena, but you may not need to testify until later in the week. If the court continues a trial to a later date, your subpoena is still valid. It is even more important to contact our office to get the correct time and date you must appear.
Trials are open to any interested person. However, many times the judge does not allow witnesses to enter the courtroom until after they testify. If you are a witness, do not enter the courtroom until you are told to do so.
If you are nervous about testifying, a victim/witness advocate may go with you into the courtroom.
Verdict
After all the evidence is presented at trial, the judge or jury deliberates and reaches a verdict.
The verdict may be guilty, not guilty, or guilty of a lesser crime. If the jury cannot reach a verdict, the judge declares a mistrial. The prosecutor then decides whether to retry the case.
If the defendant is found not guilty, the case is over and the defendant is released on that case.
Sentencing
If the defendant changes their plea or is found guilty after trial, the case moves to sentencing.
The judge imposes a sentence within a standard range based on the crime and the defendant’s prior felony history.
You do not have to appear at sentencing, but we strongly encourage you to attend. Many people find some measure of closure by attending sentencing.
It is also important for the judge and the defendant to hear how the crime has affected you. You have the right to make a statement or have a statement read at sentencing.
Someone from our Victim/Witness Unit would be happy to attend sentencing with you and to read your statement to the court if needed.
Appeal
If the defendant pleads guilty, the defendant gives up the right to appeal.
If the case goes to trial and the defendant is convicted, the defendant has a right to appeal any conviction.
If the appeal is successful, the conviction may be overturned or changed. In some cases, the case may have to be retried, the defendant may have to be resentenced, or the prosecution may be barred from retrying the case at all.
Restitution
If you have had a financial loss because of the crime, you have a right to request restitution.
The judge can order restitution at sentencing or at a restitution hearing held within 180 days from the date of sentencing.
You must provide documents to support your request, such as estimates for the replacement value of items you lost.
Medical bills for injuries from the crime may be covered by Crime Victim’s Compensation. Please contact the Victim/Witness Unit for more information about this program. This program does not cover loss of property.
Questions
If you have any questions about the criminal justice process or about your case, contact the Victim/Witness Unit.
Victim and witness advocates
The following people serve as victim and witness advocates:
Shellie Algeo
Heidi Horsmon
Jame Witzel (DV and Juvenile)
Sofia Cavanaugh (District Court)
Arielle Jones
(360) 416-1600 phone
(360) 416-1648 fax
