Frequently Asked Questions

Questions by Victims/Witnesses

• 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?
• 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?
• 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?
• Why am I not getting my restitution check?
• 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?
• Is the prosecutor my attorney?
• Why am I a witness? I didn't see the crime occur.
• 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?
• What do I do if I become a victim of "identity theft"?
• An investigator for the defendant wants to interview me. Can I refuse?

• I have a complaint about my attorney. Who do I contact?
• Is there a warrant out for me?
• Do I need an attorney for arraignment?
• What happens at arraignment?
• What happens at a pre-trial or status hearing?
• How do I take a conviction or adjudication off of my record?
• What is going on with my case?

• I have questions about a small claims case. Who can help me?
• 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 Kitsap County Prosecuting Attorney’s Office provide copies of police reports?
• Can I talk to Mr. Hauge? I think he's the person who is working on my case.
• Where do I report for Jury Duty?
• Can you give me legal advice? My tax dollars pay the attorneys' salaries; therefore, they are my public servants and should give me the legal advice I have paid for.
• I filed a claim against the County two months ago but have not received my check yet. When will it arrive?
• Where can I get free or low cost legal advice?
• Where is your office located?
• Where are the various courts located?
• What if I have a question which is not answered here?

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?

No, you don’t need a lawyer. Go to the Kitsap County Superior Court Clerk’s Office, 614 Division Street, Port Orchard, Washington, from 8:30 a.m. to 4:30 p.m. Monday through Friday. Ask for an application for a Protection Order. The application, hearing, order, and service of the order on the person are free. Back to Top

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 Bremerton, it should be reported to the Bremerton Police Department. If the crime was committed in any unincorporated area of Kitsap County, the crime should be reported to the Sheriff. Back to Top

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. If you would like to discuss your case, you should speak with the prosecutor handling the case. Back to Top

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. These are the types of things that you may receive restitution for:

• Cost of destroyed, lost, stolen or damaged property
• Medical and counseling bills

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. Back to Top

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 our office at (360) 337-7174. Back to Top

What is the status of my case?

You should receive some information from someone in our office. If not, or if you want more information, please call our office at (360) 337-7174 and ask to speak with the deputy prosecutor handling the case. Back to Top

Is the prosecutor my attorney?

No. The prosecuting attorney represents the interests of the State. 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. You do have the right to obtain your own attorney if you wish. Back to Top

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. Back to Top

As a witness do I have to talk in front of the defendant in court?

The defendant has a constitutional right to be present in court during witness testimony. Back to Top

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 have also been subpoenaed. Witnesses testify one at a time and generally wait outside the courtroom for their turn. In some cases, an advocate from our office may also be with you, if you request. Back to Top

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. Back to Top

What do I do if I can't attend court as a witness on the date stated in the subpoena?

If you have received a subpoena, you have a duty to appear as directed. However, if you do have a conflict then telephone the contact person named on the subpoena as soon as possible. Back to Top

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. If you do receive a subpoena, you should check at the Clerk's Office when you arrive at the courthouse. Back to Top

What do I do if I become a victim of "identity theft"?

If you become an identity theft victim, do the following:

1. Call local law enforcement
2. Call the consumer resource center of the State Attorney General's Office at 1-800-551-4636 or contact them on the web at http://www.atg.wa.gov/ConsumerIssues/ID-Privacy.aspx; or
3. Call the Federal Trade Commission at 1-877-IDTHEFT or on the web at www.consumer.gov/idtheft  Back to Top

You have the right to agree or not to agree to such an interview. If you refuse to be interviewed, the court may authorize a deposition. You may have a member of the prosecutor's office present for a defense interview if you wish. This is your choice. Back to Top

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 1-800-945-WSBA or http://www.wsba.org/. Back to Top

If you think that Kitsap County has issued a warrant for your arrest, someone in our criminal division 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. Back to Top

Do I need an attorney for arraignment?

No, although some defendants hire attorneys before the arraignment. An attorney may be able to answer questions you have that the court cannot. If you are not able to hire an attorney before arraignment, an attorney can still appear in the case later. If you are not able to afford an attorney, you may request that the judge appoint an attorney to represent you during the arraignment. Back to Top

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 all of the defendants about their rights in court
• The judge determines whether probable cause exists so that the case may continue
• Either the judge or the prosecutor will read the charge or charges to each defendant
• The judge asks whether each 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 Kitsap County, not possessing or using alcohol or controlled substances, not possessing weapons, not committing new offenses, and others
• The judge will set a new court date or dates

What happens at a pre-trial or status hearing?

It depends on the court and the case, but usually it is the court’s chance to find out from the attorneys whether the case is ready for trial and if so, then how long the trial will take, how many witnesses are expected, and whether there will be special issues. Sometimes the court will hold separate pre-trial hearings with witnesses to determine issues such as whether a confession may be used at trial. Back to Top

How do I take a conviction or adjudication off of my record?

Normally, you cannot have a conviction or adjudication removed (or "expunged") from your record. However, if you want to try, you should contact a private attorney. Back to Top

What is going on with my case?

Defendants should contact their own attorneys regarding the status of the case. Back to Top

Questions by the Public  

I have questions about a small claims case. Who can help me?

Our office cannot help you. Please contact the Kitsap County District Court Clerk’s Office. Back to Top

Our Child Support Division may be able to help. You may reach them at (360) 337-7020. Back to Top

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?

No, we cannot provide legal advice or take legal action in such matters. You should consult your own lawyer. Back to Top

Does the Kitsap County Prosecuting Attorney’s Office provide copies of police reports?

Police reports generally are not released to persons other than the defendant’s attorney while a case is pending. After a case is finished, any member of the public may obtain copies of some reports by filing a Public Disclosure request with the involved law enforcement agency or our office. Back to Top

Can I talk to Mr. Hauge? I think he's the person who is working on my case.

Mr. Hauge is the elected Prosecuting Attorney of Kitsap County, and his name appears on many of our official documents. Although he does handle some matters personally, usually one of the Deputy Prosecuting Attorneys in the office handles criminal and civil cases. Back to Top

Where do I report for Jury Duty?

People summoned for jury duty in Kitsap County should report as directed to the Kitsap County Clerk's Office, Kitsap County Courthouse, 614 Division Street, Port Orchard, Washington. Back to Top

Can you give me legal advice? My tax dollars pay the attorneys' salaries; therefore, they are my public servants and should give me the legal advice I have paid for.

Tax dollars pay the salaries of the attorneys in our Civil Division. They were hired to provide legal counsel to Kitsap County's elected and appointed officials so they perform the County's business legally. That is their full-time job, and a state law prohibits them from giving legal advice to others. In addition, the tax base of Kitsap County could not possibly provide free legal services for all residents of Kitsap County, nor would the legal community tolerate such unfair competition. If you need legal advice, you should contact a private attorney. We cannot make attorney referrals or recommendations. Back to Top

Where can I get free or low cost legal advice?

Kitsap County Volunteer Attorney Service, 1-888-201-1014  Back to Top

I filed a claim against the County two months ago but have not received my check yet. When will it arrive?

Filing a claim against Kitsap County does not guarantee payment. Filing a claim is similar to filing a lawsuit: the county government will first determine whether the county government is legally liable for the claimed damages. The county government is the fiduciary steward of the taxpayers' dollars. It has a duty to fully and independently investigate each and every claim. Several factors affect how quickly a claim can be investigated, such as complexity of the issues, whether or not experts (such as appraisers or architects) must be retained, whether or not the claimant provides supporting documents (such as photographs and witness statements), and the current workload of the staff assigned to process claims against the county. After the investigation is completed, the county government will determine whether the claim should be paid or denied. If the decision is made to pay a claim, the Risk Manager will request a check for payment. Back to Top

Where is your office located?

Our main office is on the 2nd Floor of the KITSAP COUNTY COURTHOUSE, 614 Division Street, Port Orchard, Washington.

Link to Mapquest driving directions.

From Tacoma -- From Highway 16 take the second Port Orchard exit and turn right onto Tremont Street. Follow Tremont to Sidney Avenue, turn left onto Sidney and proceed to Division Street, turn left onto Division Street. The courthouse is on the left. Parking is available in front of the courthouse.

From Bremerton -- Exit Highway 16 to Port Orchard following highway 166 to Sidney Avenue. Turn right onto Sidney Avenue and proceed to Division Street, turn right on Division Street. The courthouse is on the left. Parking is available in front of the courthouse.  Back to Top

You may send an e-mail to bsefton@co.kitsap.wa.us. However, we cannot answer case specific questions through e-mail. You can also call or visit our office. Be advised, however, that we cannot give legal advice on private legal issues. Back to Top