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KITSAP COUNTY LOCAL COURT RULES

Criminal Rules [KCLCrR]

Scope, Purpose and Construction

Rights of Accused

Procedures Prior to Trial

Procedures Following Conviction

RULE 1.1 SCOPE

The local civil rules shall apply in all criminal proceedings when not inconsistent with these rules, the Superior Court Criminal Rules or applicable statutes. Local civil rules particularly applicable to criminal cases include but are not limited to the following rules:

Rule 5	Briefs
Rule 7	Reapplication for Order
Rule 16	Pretrial and Settlement Procedures
Rule 40	Notice to Court of Calendar and Jury Trial Changes
Rule 47	Jury - Jurors Peremptory Challenges
Rule 51	Jury Instructions
Rule 54	Counsel Fees
Rule 59	Motions for Reconsideration
Rule 77	Court Hours Hearing of Motions
Rule 79	Withdrawal of Files and Exhibits from Clerk’s Office

2. PROCEDURES PRIOR TO ARREST AND OTHER SPECIAL PROCEEDINGS
No Local Rules

3. RIGHTS OF DEFENDANTS

RULE 3.2 RELEASE OF ACCUSED

(a) Release of Accused; Domestic Violence.

(1) Any person arrested on Probable Cause (without a warrant) for an offense classified as a Domestic Violence offense under Chapter 10.99 of the Revised Code of Washington as the same exists or shall hereafter be amended shall be held in jail pending the defendant’s first appearance.

(2) Notwithstanding Section (1), a person being held for a Domestic Violence offense classified as a felony may be released from custody prior to defendant’s first appearance upon (a) the posting of $50,000 bail or bond; and (b) the person’s affixing his or her signature at the appropriate location on a Pre-Arraignment Domestic Violence No Contact Order (Exhibit L) prohibiting the arrested person from having contact with the protected person or from knowingly coming within, or knowingly remaining within, 500 feet of the protected person’s residence, place of work, or school.

(3) Notwithstanding Section (1), a person being held for a Domestic Violence offense classified as a misdemeanor or gross misdemeanor may be released from custody prior to defendant’s first appearance upon (a) the posting of $5,000 bail or bond; and (b) the person’s affixing his or her signature at the appropriate location on a Pre-Arraignment Domestic Violence No Contact Order (Exhibit L) prohibiting the arrested person from having contract with the protected person or from knowingly coming within, or knowingly remaining within, 500 feet of the protected person’s residence, place of work or school.

4. PROCEDURES PRIOR TO TRIAL

A court commissioner authorized by Article 4, Section 23 of the Constitution of the State of Washington may accept pleas of adult criminal defendants in accordance with CrR 4.2.

5. VENUE

No Local Rules

6. PROCEDURES AT TRIAL

No Local Rules

7. PROCEDURES FOLLOWING CONVICTION

RULE 7.2 SENTENCING

At sentencing, counsel should present all available and appropriate information regarding restitution. The determination of a restitution amount may be delayed pending the receipt of necessary information.

Unless otherwise ordered by the judge, the monies paid into the registry of the court shall be distributed in the following priority order:
     (1) Restitution to victims.
     (2) Victims of crime compensation fund.
     (3) Court costs.
     (4) Attorney fees.
     (5) SIU fund payments and other payments to Kitsap County funds.
     (6) Fines.

Last Updated: August 30, 2007

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