District Court
has jurisdiction concurrent with superior court to hear and determine
violations of all misdemeanors or gross misdemeanors and of all violations
of city ordinances.
When is my
court date?
Your arraignment date will be at the bottom of your original
citation. If you have already been arraigned you will receive your
next hearing date while you are in the court room, or it will be mailed to
you. You can check for an upcoming date by going to this link.
(top of page)
What
is Deferred Prosecution?
If you have
been charged with a misdemeanor or gross misdemeanor. Washington law
allows you to request to be placed on "deferred prosecution",
instead of pleading "guilty" or "not guilty". If
you successfully complete the deferred prosecution requirements, the
charge will be dismissed. In order to be eligible for deferred
prosecution:
-
Your
criminal conduct must be caused by alcoholism, drug addiction, or
mental problems; you must need treatment; and there must be a great
probability that the criminal conduct will be repeated if you don't
receive treatment.
-
You must
get an evaluation that shows that: (1) you do suffer from one of
the above problems; (2) the problem is such that if not treated
there's a great probability that similar misconduct will occur in the
future, (3) extensive and long term treatment is required; (4)
effective treatment for your problem is available; and (5) you are
amenable to treatment.
-
You must
sincerely believe you are innocent.
-
You must
not sincerely believe that you do not, in fact, suffer from
alcoholism, drug addiction, or mental problems.
-
You must
commit to a two-year treatment program.
-
You must
not have been on deferred prosecution before.
-
You must
give up: your right to testify; your right to a speedy trial;
your right to call witnesses to testify; your right to present
evidence in your defense; and your right to a jury trial.
-
You must
agree that, if you are removed from deferred prosecution, your trial
will consist of the judge reading the police report and your
statements in the deferred prosecution petition.
If you want to
request deferred prosecution, you should tell the judge when your case is
called. You'll be required to come back with a written evaluation.
If that qualifies you for deferred prosecution, the court will schedule a
final hearing to place you on the program. You must complete at
least one month of treatment before being placed.
You are
responsible to make the financial arrangements for your treatment.
Public funding for treatment is available in certain cases.
You'll be on probation through the Cowlitz County Probation Department,
and you'll be required to pay monthly probation fees. Once you
complete your two-year treatment program, you'll remain on probation for
another three years before the charge can be dismissed.
If you are
charged with DUI or Physical Control, the Department of Licensing may
notify you that it intends to suspend your driver's license because your
BAC result was .08 or higher. If you petition for deferred
prosecution, the court may direct the Department to put the suspension of
your license on hold for up to 90 days. If the court then grants
your petition, the suspension of your license will remain on hold while
you're on deferred prosecution. However, if you refused the BAC
test, petitioning for deferred prosecution will have no effect on any
suspension of your license by the Department of Licensing.
This
isn't a complete explanation of deferred prosecution. You should
seek the advice of a lawyer. If you can't afford a lawyer, you
should ask the judge to appoint one for you.
(top
of page)
What is
the DWLS Reinstatement Program?
It's a program
to help suspended drivers get licensed. Anyone who meets the
following requirements is eligible for this program:
-
First,
your driver's license or privilege is suspended in the third
degree.
-
Second,
you don't want to contest the pending DWLS charge.
-
Third, you
want help to get your driver's license.
For most
people, the first step will be to fill out a "Reinstatement
Plan." This will list all the things you need to do to get your
license, such as:
-
Paying
fines
-
Getting
alcohol treatment
-
Getting
clearance from another state
-
Getting
SR-22 insurance
-
Settling
an uninsured accident
-
Passing
the written and driving tests
The
"Reinstatement Plan" also needs to show how and when you will
complete the steps to get your license.
After you
prepare your reinstatement plan it must be approved by the judge.
Then you and the judge will talk about how much time you'll need to do all
of those things. The judge will then set a time for you to come back
and show your license, or at least report on your progress.
The amount of
time you are given to get your license will depend on the circumstances of
your case. The judges do want to see you get your license.
They expect you to work hard at it, and will give you a reasonable amount
of time to do so.
If your local
fines have been assigned to a collection agency this program can
help. If you owe more that $500 to one of this court's collection
agencies, the judge can allow you to sign a new collections agreement
that's only available for people in the DWLS Reinstatement Program.
This new agreement includes the following important provisions:
-
You make
monthly payments on the original amount of the fines
-
The
collection agency fee is reduced to 20%
-
All
interest on your fines is cancelled if you make your payments
-
Once you
sign the agreement, the Court will release the hold on your license
for those fines. You'll be able to get your license right
away, so long as you don't have anything else holding you up.
If you would
like to work off your fines instead of making payments that is a
possibility. The judge can allow you to sign a collections agreement
where you pay a reduced collection agency fee of 20%, and then work off
the fines themselves on community service or the work crew.
If you owe
fines in other courts you have to make payment arrangements with the other
courts.
If you violate
the requirements of this program you will be removed from the
program. The judge will review the police report and your driving
record, and decide whether you're guilty of the DWLS charge. If
you're found guilty, the judge will sentence you.
If you are
removed from the program you do not have the right to be on it
again. It's a one-time-only opportunity for people who want to obey
the rules, get their license, and be responsible.
When you get
your license the pending DWLS charge will be amended to a traffic
infraction of No Valid Operators License 2°, with a $200 fine.
If you want to
discuss your case with an attorney before deciding whether to apply for
the DWLS Reinstatement Program, you can certainly do that. The court
will appoint one for you if your are indigent. You must tell the
court by the time of your pre-trial hearing whether you want to apply for
the program.
If you wish to
sign up for this program the judge will have you sign the petition and the
rules of the program. Then the judge signs an order officially
placing you on the program.
If you do not
have a pending DWLS charge you can still participate in this
program. If you have local fines that have been turned over to
collections, you can ask the court to be in the program to help you pay
those fines and get reinstated.
(top
of page)
Can I get
a court appointed attorney?
If you
would like an attorney and are not able to afford one, you may file an
Application For Court Appointed Attorney. The judge will review your
application and if you qualify you will be appointed an attorney.
(top
of page)
When will
my bail or bond be returned?
Cash bail or a
bail bond will be exonerated once there is a final disposition of the
case, either a finding of guilt or innocence. If you posted a bail
bond you need to contact the bonding agency when the case is
complete. If you posted cash it will be refunded to the person who
posted it.
(top
of page)
I failed
to appear - now what?
If you missed
a court date there will be a warrant issued for your arrest. In
order to clear this warrant you need to appear in the District Court
office any morning - Monday trough Friday - at 8:30 A.M.. The warrant will remain active
until you are seen in court on this matter.
(top
of page)
Can I
continue my hearing date?
If it is your
first appearance on a DUI, Physical Control, or any Domestic Violence
related charge your hearing can not be continued. If your
arraignment is for any other charge you may request a one-time
continuance, of one week. If you are scheduled for any other type of
hearing it may not be continued.
(top
of page)
What
should I wear and how should I act in court?
Suitable
attire is required. Shoes and
shirts are necessary. Halter
tops, tank tops, and shorts are not permitted.
Hats are to be removed upon entering the Courtroom.
No smoking, food or drink will be allowed.
Cell phones and pagers should be turned off or on silent. Children
may be present in the Courtroom, but if they disturb the proceedings you
may be requested to remove them. The
Court does not provide childcare. Upon
your arrival, report to the District Court Clerk’s office and check in. When your name
is called come forward and stand behind one of the counsel tables.
Be polite, courteous and remain standing until the Judge instructs
you otherwise.
(top
of page)
If I am
assessed a fine can I make payments?
All
fines are due in full within 60 days or you can contact CPMS
regarding other payment options.
(top
of page)
