Prosecutor's Frequently Asked Questions:
I want to file criminal charges against someone. Can you help?How do I cancel a restraining order or no contact order?
How do I make a claim against the county?
I have received a subpoena. What do I do?
How do I restore my firearm rights?
How do I register as a sex offender?
How do I apply for reinstatement of my driver’s license?
I want to file criminal charges against someone. Can you help?
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Law enforcement investigates crimes. The Prosecuting Attorney files charges after law enforcement investigations are completed and the investigative reports have been referred to the Prosecuting Attorney's office for a charging decision. The Prosecuting Attorney does not investigate crimes.
If wish to report a crime and it is an emergency, then call 911. If it is not an emergency, contact your local law enforcement agency - your city police department or sheriff’s office.
How do I cancel a restraining order or no contact order?
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The Prosecuting Attorney's office does not cancel restraining orders. You will need to contact the Court that issued the restraining order to request that the order be cancelled.
A motion and a declaration must be filed explaining the reasons why you want the order cancelled. If your request is granted, the Court may condition cancellation of the restraining order on attendance of anger management classes, marital counseling or other requirements. The Court's primary concern will be the safety of the protected person and preventing further domestic violence.
How do I make a claim against the county?
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Washington law requires that the county be notified of a claim prior to a lawsuit being commenced against the county. RCW 4.96.020 The county has sixty days after a claim is submitted to accept or reject the claim. The decision to accept or reject a claim is made by the Douglas County Board of County Commissioners. If the Board of County Commissioners takes no action, then the claim is deemed rejected.
Douglas County has designated the Prosecuting Attorney as the official to initially receive all claims directed to the county. Claims are forwarded to the Board of County Commissioners for review.
When submitting a claim, it is important to provide as much information as possible, including copies of all repair bills or estimates, medical bills, photographs and any other documents supporting your claim.
The Prosecuting Attorney has developed a Notice of Claim form which may be used to submit your claim.
I have received a subpoena. What do I do?
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A subpoena is a court document requiring you to be present at the time, place and date stated. Failure to appear will make it impossible for the Prosecuting Attorney's office to effectively prosecute the case and could result in the Judge finding you in contempt of court.
You will be paid the witness fee and mileage set by law. You cannot be reimbursed for lost wages. Your employer must honor the subpoena and allow you to attend court.
Information provided by victims and witnesses aids in the identification and arrest of suspects. Your testimony is important for successful prosecution. Please keep the Victim-Witness Coordinator advised of your current mailing address and telephone contact numbers.
Before the trial you will have a chance to discuss the case and your testimony with the Deputy Prosecutor handling the trial. You may also be contacted by the defense attorney or an investigator working for the defense attorney. The defense attorney and the defense investigator have the right to contact and interview witnesses. You have the right to request that a Deputy Prosecutor and/or a victim advocate attend the defense interview.
If you have questions, please call the office at 745-8535 to speak with the Victim-Witness Coordinator or the Deputy Prosecutor who signed the subpoena.
How do I restore my firearm rights?
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Possession of a firearm is prohibited under Washington law upon conviction of a felony, certain gross misdemeanors, and under other circumstances.
You may restore your right to possess a firearm if you meet certain eligibility criteria and obtain an Order from the Superior Court.
This FAQ answer is intended to provide general information regarding eligibility and the process in Superior Court. It is not intended to be legal advice. You are encouraged to obtain the advice of a lawyer.
The successful restoration of your right to possess a firearm will not expunge any criminal convictions from your record.
Obtaining an Order of the Superior Court restoring your right to possess a firearm does not guarantee that a concealed pistol license or any other firearm permit or license will be issued to you.
Obtaining an Order of the Superior Court restores only your state right to possess a firearm under Washington law. Federal law and state law on firearm possession are different in certain circumstances. If you are prohibited from possessing a firearm by federal law, you may be prosecuted in federal court. Restoration of your state right is not a defense to a federal prosecution.
ELIGIBILITY REQUIREMENTS
1. You may not have any criminal charges pending in the State of Washington or in any other state, or in any federal court.
2. You may not be subject to any court domestic violence restraining order, injunction or other order, either civil or criminal.
3. You may not have a conviction for any class A felony, or any felony having a maximum sentence of at least twenty (20) years.
4. You may not have a conviction for any felony sex offense.
5. You must have spent a minimum period of consecutive years in the community without being convicted of any felony, gross misdemeanor or misdemeanor crimes. This time period is either five (5) or ten (10) years, depending upon your felony convictions, and is three (3) years for non-felony convictions.
6. You must have successfully completed every term and condition of each conviction.
THE PROCESS TO OBTAIN A SUPERIOR COURT ORDER
The following information does not cover restoration of the right to possess a firearm resulting from your involuntary commitment for mental health treatment. In such circumstances, you must comply with RCW 9.41.047 and to restore your right.
Douglas County forms for a Petition, a Note for Motion/Hearing and an Order/Certificate are links at this website. These forms are available for your use and have been approved by the Prosecuting Attorney and the Superior Court. These forms may not be applicable to your circumstances. Also, the law may have changed since these forms were drafted. You are encouraged to consult a lawyer before using these forms or if you have any questions about these forms or the process for restoring your firearm rights.
1. Carefully read the Petition. By signing the Petition under penalty of perjury you are certifying that each statement in the Petition is true.
2. You must obtain a certified copy of an Order from each court in which you have a conviction and for each conviction. Each Order must certify that you have successfully completed every term and condition of the conviction and are discharged from any further requirements. Each certified Order must be attached to the Petition.
3. You must obtain certified copies of your record of criminal convictions. A certified copy of your local criminal record must be obtained from the Douglas County Sheriff’s Office, 110 N.E. 2nd Street, East Wenatchee. The Sheriff’s Office will also provide you with a form to send to the Washington State Patrol to obtain your state and national criminal record. There will be a fee for each copy charged by each agency. Each certified copy of your criminal history must be attached to the Petition.
4. Sign and file the Petition with the Douglas County Clerk. There will be a filing fee.
5. When you file the Petition, the Douglas County Clerk will advise you of the available dates and times for your hearing in the Superior Court. The hearing must be at least ten (10) days after the Petition is filed. Complete the Notice of Hearing, fill in the date and time of the hearing and sign it. File the Notice of Hearing with the Douglas County Clerk. If you do not have a hearing within sixty (60) days after filing the Petition, then you must provide updated copies of your criminal record from the Douglas County Sheriff’s Office and the Washington State Patrol.
6. Make at least three (3) copies of the Petition, attachments and the Notice of Hearing. Do this before filing. The Douglas County Clerk will conform each set of copies. Retain a set for your records. Give one set to the Douglas County Clerk for the Judge’s working copies. Serve one set on the Douglas County Prosecuting Attorney’s Office in the Douglas County Courthouse, Waterville. The Douglas County Prosecuting Attorney’s Office is entitled to at least seven (7) days prior notice of the hearing, so make service as soon as possible.
7. Complete and sign the Order form before the scheduled hearing. Appear in the Douglas County Superior Court on the date and time of the hearing. Give the Judge the Order form.
8. The Douglas County Prosecuting Attorney’s Office will appear at the scheduled hearing if there are any objections to restoration of your right to possess a firearm. At the hearing you will be required to testify under oath regarding the contents of the Petition and answer any questions which are asked by the Prosecuting Attorney or the Judge.
9. If the Judge restores your right to possess a firearm and signs the Order, then obtain a certified copy of the Order from the Douglas County Clerk. There will be a fee charged for the certified copy.
How do I register as a sex offender?
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The County Sheriff handles sex offender registration. If you reside in Douglas County, then go the Douglas County Sheriff's Office located at 110 3rd Street N.E. in East Wenatchee to register.
How do I apply for reinstatement of my driver’s license?
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If your period of suspension has expired and you are eligible for reinstatement, you need to contact the Department of Licensing. You will be required to show proof of insurance and that you have paid all traffic tickets or made payment arrangements for such tickets as part of the reinstatement process.
If you are a juvenile and your license was suspended because of an offense such as Minor in Possession or possession of illegal drugs, you will need to file a Petition for Early Reinstatement with the Juvenile Court. If the Court approves your request, you will then need to present the Order issued by the Court to the Department of Licensing with your application for reinstatement.
The telephone number for the Department of Licensing Customer Service is 360-902-3900. The Department of Licensing website has at great deal of helpful information at www.dol.wa.gov/ds/susprevoc.htm.
