It is the policy of the Office of the Kitsap County Prosecuting Attorney to charge the crime or crimes that accurately reflect the defendant's criminal conduct, taking into account reasonably foreseeable defenses, and for which we expect to be able to produce at trial proof beyond a reasonable doubt. The decision to charge a crime will not be based on race, creed, national origin, sexual orientation, or membership in any other protected classes set forth in RCW 49.60. Further, all charging decisions will be made in accordance with the Special Responsibilities of a Prosecutor set forth in the Washington Rules of Professional Conduct. RPC 3.8. The policies expressed herein should apply equally to prosecutions of felonies, misdemeanors and juvenile matters.
The specific reasons for declining a case shall be set forth on a decline form which shall become attorney work product and be part of the Prosecutor's case file. A copy of the form shall be given to the officer representing the police agency that originated the case. After speaking with the Deputy Prosecutor who made the decision to decline to prosecute, the decision to decline may be appealed to the Chief of the relevant Criminal Division or to the Prosecutor. The Prosecutor shall personally review any decline at the request of the Chief of the originating police agency, or his or her designee, or of the Sheriff, or his or her designee.
Any citizen involved in a criminal transaction, in any capacity other than as a suspect or defendant, may also seek review of the decision to decline to file the charges. Inquiry should first be directed to the deputy prosecutor responsible for the charging decision. If necessary, further inquiry shall be directed to the Chief of the relevant Criminal Division and then, in turn, to the Prosecutor.
In recommending sentences to the Court, and consistent with Washington's Sentencing Reform Act, it is the policy of the Office of the Kitsap County Prosecuting Attorney to:
The trial deputy shall consider the following factors in making a sentence recommendation:
All plea agreements will require the forfeiture of any seized firearms.
All plea offers made by any prosecutor and accepted by the defendant according to the terms of the offer shall be honored and fairly presented. However, all plea agreements are conditional. The Prosecutor's office is released from the plea agreement's obligations if the agreement is found to be based upon a mistake of fact or a misrepresentation, if the defendant has committed additional criminal acts between the date of the guilty plea and the sentencing date, if the defendant fails to appear for sentencing, or otherwise acts in such a fashion so as to have changed the circumstances of (or actually breached) the agreement.