Frequently Asked Questions
*Click on a question to view its answer*
Questions by the Public:
I have been a victim of identity theft, what do I do?
I need child support. Can you help me?
I want a divorce. [Or, I want to sue someone. Or, I want to adopt a child.] Can the Prosecuting Attorney’s Office help me?
Does the Snohomish County Prosecuting Attorney’s Office provide copies of police reports?
Can I talk to the elected Prosecuting Attorney? I think that's the person who is working on my case.
Where do I report for Jury Duty?
Where can I get free or low cost legal advice?
I reported an incident to the County Sheriff's Office and they told me it was a civil problem. Who do I contact to resolve the issue?
Will you enforce a parenting plan that my ex-husband is violating since it was entered in your County Superior Court?
How do I post bail for someone?
What is the difference between a felony and a misdemeanor?
Can you tell me what my son/daughter was arrested for?
I’m a property owner, where should I go for information about evicting my tenants?
My landlord is threatening to evict me, what can I do?
I bought a used car and it doesn’t work right, now what?
How do I get my driving license back after a suspension?
What if I have a question which is not answered here?
Questions by Victims:
How do I get a “restraining” order?
I want a protection order to keep my husband [or wife, boyfriend, girlfriend, or other person] away from me. Will the Prosecuting Attorney’s Office do this for me?
How do I find out if an offender has been released from jail or prison?
I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the Prosecuting Attorney’s Office?
What is my court date?
I am a victim in a criminal case and I want to drop the charges. Can I do that?
I was the victim of a crime. Can I get money for what I have lost?
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?
Why am I not getting my restitution check?
How do I collect restitution when I know the defendant is working but isn’t paying?
I was the victim of a crime. Can you tell me the name of the defendant and the defendant's next court date?
What is the status of my case?
Do you have a witness protection program?
What kind of counseling services do you provide?
Is the prosecutor my attorney?
Questions by Witnesses:
Why am I a witness? I didn't see the crime occur.
Where do I park as a witness in a criminal case?
As a witness, do I have to talk in front of the defendant in court?
Who will be with me in court?
How long will I be at court as a witness?
What do I do if I can't attend court as a witness on the date stated in the subpoena?
Does the County reimburse me for wages lost when I am a witness?
Questions by Defendants:
I have a complaint about my attorney. Who do I contact?
Is there a warrant out for me?
Can I get my warrant quashed?
Who is my attorney?
What happens at arraignment?
Can I just pay my fine(s) and not have a court date?
How do I take a conviction or adjudication off of my record?
What is going on with my case?
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Frequently Asked Questions Answered
Questions by the Public:
I have been a victim of identity theft, what do I do?
The Federal Trade Commission has a wealth of information on Identity Theft including what to do if you think you have been a victim and steps you can take to help prevent identity theft in the future. These resources can be found on their website at: http://www.ftc.gov/bcp/edu/microsites/idtheft/
The Washington State Attorney General’s Office also provides information on this topic. Their website can be viewed at: http://www.atg.wa.gov/ConsumerIssues/ID-Privacy.aspx
A few general guidelines on identity theft are provided here, but the sites listed above provide more comprehensive answers.
What to do if you have been a victim:
If you are a victim of identity theft, take the following four steps as soon as possible, and keep a record with the details of your conversations and copies of all correspondence.
1. Place a "Fraud Alert" on your credit reports, and review the reports carefully. The alert tells creditors to follow certain procedures before they open new accounts in your name or make changes to your existing accounts. The three nationwide consumer reporting companies have toll-free numbers for placing an initial 90-day fraud alert; a call to one company is sufficient:
Equifax: 1-800-525-6285
Experian: 1-888-EXPERIAN (397-3742)
TransUnion: 1-800-680-7289
Placing a fraud alert entitles you to free copies of your credit reports. Look for inquiries from companies you haven't contacted, accounts you didn't open, and debts on your accounts that you can't explain.
2. Close accounts. Close any accounts that have been tampered with or established fraudulently.
Call the security or fraud departments of each company where an account was opened or changed without your okay. Follow up in writing, with copies of supporting documents.
Use the ID Theft Affidavit at http://www.ftc.gov/idtheft to support your written statement.
Ask for verification that the disputed account has been closed and the fraudulent debts discharged.
Keep copies of documents and records of your conversations about the theft.
3. File a police report. File a report with law enforcement officials to help you with creditors who may want proof of the crime.
4. Report the theft to the Federal Trade Commission. Your report helps law enforcement officials across the country in their investigations.
Online: http://www.ftc.gov/idtheft
By phone: 1-877-ID-THEFT (438-4338) or TTY, 1-866-653-4261
By mail: Identity Theft Clearinghouse, Federal Trade Commission, Washington, DC 20580
I need child support. Can you help me?
Our Family Support Division may be able to help. Please contact them at 425-388-7280.
I want a divorce. [Or, I want to sue someone. Or, I want to adopt a child.] Can the Prosecuting Attorney’s Office help me?
We cannot provide legal advice or take legal action in such matters. You should consult with your own lawyer.
Does the Snohomish County Prosecuting Attorney’s Office provide copies of police reports?
Most of our documents are public record. There are statutory exemptions that may apply to certain cases or certain documents in a case. Request forms are available at our reception desk or they can be found on our website under PA Information:
http://www1.co.snohomish.wa.us/departments/Prosecuting_Attorney/Information.
Can I talk to the elected Prosecuting Attorney? I think that's the person who is working on my case.
The name of the elected Prosecuting Attorney of Snohomish County appears on many of our official documents. Although the Prosecuting Attorney does handle some matters personally, usually one of the Deputy Prosecuting Attorneys in the office handles criminal and civil cases. When you call, give your name or the name of the defendant to our receptionist, and we will attempt to connect you with the right person.
Where do I report for Jury Duty?
People summoned for jury duty in Snohomish County should report as directed to the Snohomish County Superior Court. For more information see the link below, or call 425-388-3386.
http://www1.co.snohomish.wa.us/Departments/Superior_Court/Services/Jury_Information/
Where can I get free or low cost legal advice?
The Snohomish County Prosecutor’s Office cannot recommend a specific attorney to you. For criminal matters contact the Office of Public Defense at 425-388-3500 and for other matters contact the Snohomish County Bar Referral at 425-388-3018 or CLEAR (Coordinated Legal Education, Advice & Referral) at 1-888-201-1014.
I reported an incident to the County Sheriff's Office and they told me it was a civil problem. Who do I contact to resolve the issue?
“A civil problem” means that the incident is one that will be involved in the civil part of our legal system, as opposed to the criminal part. The Snohomish County Sheriff’s Office is normally involved with only the criminal part. So when they tell you that you have a civil problem, it generally means you will need to contact your personal attorney. If you do not have one, you should consult the lawyer referral numbers offered elsewhere on this web page. They may be able to assist you in handling this matter. Although the Prosecuting Attorney’s Office has a “civil division”, those lawyers give advice to the departments and divisions of the County government, and to County employees, not to private citizens.
Will you enforce a parenting plan that my ex-husband is violating since it was entered in your County Superior Court?
Enforcement of court orders is a private matter between you and the other person and must be handled by a private attorney. Government attorneys do not settle custodial disputes or enforce court orders between individuals. If a private attorney helped you obtain the order, a private attorney (not a government attorney) must help you enforce the order.
How do I post bail for someone?
This particular issue is not generally handled by the Prosecuting Attorney’s office; however, the Department of Corrections FAQ page addresses this issue. http://www1.co.snohomish.wa.us/Departments/Corrections/About/FreqAskedQuest.htm
What is the difference between a felony and a misdemeanor?
When you commit a crime in our society, you have to be punished. How much punishment a criminal gets depends on how bad their crime was.
To help determine how bad a crime was, the crime is called either a 'felony' or a 'misdemeanor'.
Felonies are more serious crimes, and misdemeanors are less serious crimes. Both can result in a jail sentence but only a felony can result in a prison sentence.
The maximum sentence a person can receive on a misdemeanor is 365 days or less.
Sentences on felonies can be less than or more than a year, and can be up to life in prison. If the sentence is less than a year, the sentence is generally served in a local jail. If the sentence is more than a year the time is generally served in prison.
Can you tell me what my son/daughter was arrested for?
If the case has been submitted to our office for review by Law Enforcement we should have that information. Call our reception desk at 425-388-3333 and they can look it up in our database or put you in contact with the person or persons that would have that information.
If the case has not been submitted to our office for review by police, you will need to contact the investigating police agency.
I’m a property owner, where should I go for information about evicting my tenants?
This particular issue is not generally handled by the Prosecuting Attorney’s office; however, you may want to try one of the following resources:
Snohomish County Law Library: 425-388-3010
http://www1.co.snohomish.wa.us/Departments/Superior_Court/Services/Law_Library/
Snohomish County Clerk’s Office: 425-388-3466 http://www1.co.snohomish.wa.us/Departments/Clerk/
My landlord is threatening to evict me, what can I do?
This particular issue is not generally handled by the Prosecuting Attorney’s office; however, you may want to try one of the following resources:
Dispute Resolution Center provided by Volunteers of America at: (425)339-1338 or 800-280-4770 or http://www.voaww.org/drc
For a referral to a lawyer or attorney try the Snohomish County Bar Association at: 425-388-3018 or http://www.snobar.org
I bought a used car and it doesn’t work right, now what?
The Washington State Attorney General’s Offices is committed to safeguarding consumers from fraud and unfair business practices. If you believe you have been a victim of consumer fraud or unfair business practices you can contact their Consumer Complaints department at: 1-800-551-3527 or visit their website at:
http://www.atg.wa.gov/SafeguardingConsumers/default.aspx
How do I get my driving license back after a suspension?
While this particular issue is not handled by the Prosecuting Attorney’s office, the Washington State Department of Licensing has a wealth of information on topics concerning driving licenses. For information specifically on a suspended license, please visit their Suspended License page at:
http://www.dol.wa.gov/driverslicense/suspended.html
What if I have a question which is not answered here?
Call or visit our office. However, the Snohomish County Prosecuting Attorney's Office is not a free legal clinic or a clearinghouse of legal information. We cannot give legal advice on private legal issues.
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Questions by Victims:
How do I get a “restraining” order?
There are several types of “restraining orders” available to residents of Washington State. Depending on the circumstances will dictate which order is most appropriate.
Order of Protection: This order is obtained by a victim of domestic violence. The victim may petition the court asking for protection. If the victim has children with the offender, then the order may be in place for up to 1 year. If no children are in common, then the order can be for lifetime. The victim has the option to have this order lifted at any time. If the offender violates this order, the sanction can be a criminal offense. There is no charge for Protection Orders and they may be obtained at any of the district courts, municipal courts or superior courts.
No Contact Orders: These orders arise out of a criminal conviction and provide protection to the victims of certain crimes. A judge places these orders in effect and only the judge can lift these orders. The victim does not, necessarily, have to agree with the order being put into place. Victims can file a motion in front of the sentencing judge to have the order lifted if they believe they are not in danger, however, the final decision is made by the judge.
Anti-Harassment Order: This order is for victims of crime who do not fall under the statute for domestic violence. Similar to the protection order, the victim may petition the court to ask for protection. The order may be in effect for up to 1 year. Violation of this order can be a criminal sanction. There is a charge for this order and it varies depending if you obtain the order from a district court, municipal court, or superior court. The victim should contact the court clerk to find out the cost.
I want a protection order to keep my husband [or wife, boyfriend, girlfriend, or other person] away from me. Will the Prosecuting Attorney’s Office do this for me?
A victim may contact Snohomish County Protection Order Office at 425-388-3638 to obtain more specific information on how to file for a protection order. You can also find out more about protection orders through the County Clerks website at: http://www1.co.snohomish.wa.us/Departments/Clerk/About/FAQ/Protection_Ord_Info.htm
How do I find out if an offender has been released from jail or prison?
Snohomish County Corrections and the State of Washington has partnered with a program called VINE. This program is available for anyone to sign up to be notified if an offender is being released from jail. To sign up for this program a victim may call 1-877-VINE-4WA (1-877-846-3492) and follow the directions or you may visit their website at:
https://www.vinelink.com/vinelink/initMap.do
I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the Prosecuting Attorney’s Office?
The Snohomish County Prosecutor’s Office is a non-investigative agency. In most cases, crimes must be reported to the Sheriff’s Department, a Police Department, or other law enforcement agency which has jurisdiction over the city or county where the crime occurred. For example, if the crime occurred in Everett, it should be reported to the Everett Police Department. If the crime was committed in any unincorporated area of Snohomish County, the crime should be reported to the Sheriff.
The crime may be reported to the local law enforcement agency by calling 911 immediately. There are two levels of crimes, misdemeanors and felonies. Misdemeanor offenders can never get more than 365 days in jail. Felony offenders could be sent to prison, depending on the crime. If the offender has committed a felony crime, and have been arrested, they will have a First Appearance Hearing the next judicial day after their arrest. If over the weekend, the hearing will be the following Monday. All First Appearance Hearings are held at 1:00 pm, in Snohomish County Superior Court, 1st floor of the courthouse. At this hearing the offender will be advised of what charge they are being held on and bail amounts will be discussed. After this hearing, the prosecutor’s office will have 72 hours to decide whether or not to charge the case. As a victim, you may want to follow up with the prosecutor’s office to find out if charges will be filed.
On Misdemeanor cases, when an arrest has been made, the arresting office will provide the offender with a citation. At the time of their first appearance the court will provide them with additional court dates. These hearings occur every weekday morning.
If the offender was not located by the police and an arrest has not been made, the police will forward the reports to the appropriate prosecutor’s office and the file will be reviewed to determine if charges can be filed. The victim should contact the responding police agency to find out which prosecuting attorneys office the reports have been forwarded to, if they have not heard from the prosecutor’s office directly.
What is my court date?
The best way to find out more information about your court date is to visit the Washington State Courts website and enter a search. You can search using a first and last name or a case number, if you know it. You will need to specify which court system you are searching. The Municipal courts in Snohomish County are: Everett Municipal, Lynwood Municipal, and Marysville Municipal. There are four District Courts for Snohomish County that have jurisdiction over unincorporated parts of the county and cities that have contracted with the district court for their municipal matters. The District Courts are: Snohomish County Cascade Division, Everett Division, Evergreen Division, and South Division. The Municipal and District courts do not deal with felonies, which are handled by the Superior and Federal Courts.
http://dw.courts.wa.gov/index.cfm?fa=home.home
If you do not have access to the internet or have problems navigating the site listed above, you can always call the court directly and ask for the information.
I am a victim in a criminal case and I want to drop the charges. Can I do that?
The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim's wishes alone will not dictate whether or not a case will be filed or dismissed. One reason for this is that some criminal charges affect more than one victim, and the other victims may wish to proceed. Another reason is that sometimes the victim has been intimidated or pressured to drop the charges, or believes that such a request will stop any retaliation. If our office did not proceed in such cases, victims would continue to be intimidated and hurt. If you would like to discuss your case, you should speak with the prosecutor handling the case.
I was the victim of a crime. Can I get money for what I have lost?
If the defendant is convicted of the crime, and in some other special dispositions, the court can order the defendant to pay restitution. Restitution is money equal to the victim’s loss. The following are typically awarded as restitution: Cost of destroyed, lost, or damaged property, Medical and counseling bills, Lost wages due to injury from the crime.
Some types of loss, such as pain and suffering, are usually not awarded as restitution. You should contact a non-government attorney if you want help obtaining pain and suffering damages.
In addition, the Washington State Department of Labor and Industries has a program called the Crime Victims Compensation Program. It will provide funds for victims of crime to help pay for medical and counseling costs that are a result of the crime. This program is a source of last resort for victims not otherwise covered by insurance or medical coupons.
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, 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/her community corrections officer or probation officer aware of his/her 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.
I was the victim of a crime. Can you tell me the name of the defendant and the defendant's next court date?
Our Office can give you the name of an adult defendant and the next court date if we have filed charges against the defendant. To obtain this information, call 425-388-3333.
What is the status of my case?
You should receive information from someone in our office. If not, or if you want more information, please call our office and ask to speak with the prosecutor handling the case. Call 425-388-3333.
Do you have a witness protection program?
No. We can help by giving victims and witnesses the names and telephone numbers of both government and non-government organizations that can provide other types of aid, but we cannot promise security.
What kind of counseling services do you provide?
This office does provide any counseling services; however, an advocate can provide you with a referral to a local agency that does provide counseling services.
Is the prosecutor my attorney?
No. The prosecuting attorney represents the State of Washington and Snohomish County, not individual persons or businesses. The prosecutor will listen to your concerns and take into consideration your wishes. However, the prosecutor must weigh all the aspects of the case and makes the final determination.
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Questions by Witnesses:
Why am I a witness? I didn't see the crime occur.
Witnesses are not only "eye witnesses". You may have seen the crime happen or may know something about it. You may also know something about a piece of evidence, or may know something that contradicts another witness's testimony. If you wonder why you are testifying in a particular case, ask the prosecutor handling it; there is probably a common-sense reason.
Where do I park as a witness in a criminal case?
You can park in the Snohomish County Parking Garage. Advise them that you are a witness and they will provide you with a parking pass. Prior to or after your testimony bring the pass to our office and we will validate it. If you leave without getting your pass validated you will be charged for parking and we are not able to reimburse you for the parking cost.
As a witness, do I have to talk in front of the defendant in court?
Yes. The defendant has a constitutional right to be present in court to hear what all the witnesses say.
Who will be with me in court?
You may bring friends or relatives with you to court, and they can probably sit in the courtroom while you testify, unless they are also witnesses. Witnesses testify one at a time and generally wait outside the courtroom for their turn. In some cases, a Victim/Witness Advocate from our office may also be with you, if so you request. Talk with the prosecutor about that.
How long will I be at court as a witness?
Your time at court varies greatly from case to case. Some witnesses will be at the courthouse for more than a day. You are encouraged to bring a book or magazine to read while you wait.
What do I do if I can't attend court as a witness on the date stated in the subpoena?
We try to accommodate witnesses’ schedules as much as possible, however it is the court that determines when a case goes to trial. Contact the deputy prosecutor on the case or his/her legal assistant with your scheduling conflict. You should receive a letter with your subpoena with this contact information.
Does the County reimburse me for wages lost when I am a witness?
You will receive a witness fee and mileage for appearing as a witness if there is a trial. The amount of the witness fee and mileage is set by law, and there is no provision to compensate for loss of wages. Paying a witness's lost wages would require a tax increase to put enough money in the County's budget.
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Questions by Defendants:
I have a complaint about my attorney. Who do I contact?
Our office cannot help you. Please contact the Washington State Bar Association at 800-945-WSBA or http://www.wsba.org.
Is there a warrant out for me?
If you think that the Snohomish County Superior Court, Juvenile Court, or District Court has issued a warrant for your arrest, someone in one of our criminal divisions can tell you if there is a warrant. However, we will not be able to confirm whether any other court has issued a warrant for you. You must contact a Sheriff’s Office or Police Department for that information. You can also visit the Washington State Courts website at www.courts.wa.gov.
Can I get my Warrant Quashed?
It is best that you contact your attorney to set a court date to get your warrant quashed. If you do not have an attorney, contact our office and we can set a court hearing to quash the warrant. We advise you to get an attorney prior to the quash hearing date.
Who is my attorney?
If you have not hired or been appointed an attorney we are not going to have this information. If you need an attorney you can contact the Office of Public Defense at 425-388-3500 or you can call the Snohomish County Bar Association at 425-388-3018.
What happens at arraignment?
Arraignments are the hearings that basically start a criminal case. It depends on the court and the case, but these are things that generally happen at arraignment:
The judge tells the defendant about his or her rights in court.
Either the judge or the prosecutor will read the charge or charges to the defendant.
The judge asks whether the defendant has an attorney, and appoints one to represent the defendant if requested and appropriate.
The judge sets conditions of release from custody -- the conditions may include bail, periodic check-ins with a court-designated monitor, no contact with certain persons, not leaving Snohomish County, not possessing or using alcohol or controlled substances, not possessing weapons, not committing new offenses, and more.
The judge will set a new court date or dates for pretrial hearings and/or trial.
Can I just pay my fine(s) and not have a court date?
You cannot just pay a fine on a felony. You must make all court appearances.
You can pay a fine on misdemeanors, but this may depend on the type of misdemeanor. It is best to contact the District Court or Municipal Court that has jurisdiction over the crime to determine if they will accept a payment of a fine in lieu of a court appearance.
How do I take a conviction or adjudication off of my record?
Normally, you cannot have a conviction or adjudication removed (also called "expunged") from your record. However, if you want to try, you should contact a private attorney. If you do not have a lawyer, you can call CLEAR (Coordinated Legal Education, Advice & Referral) at 1-888-201-1014 for a referral to a local attorney.
What is going on with my case?
Defendants should contact their own attorneys regarding the status of the case.
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