Charging and Sentencing
Standards
Tina R. Robinson
Kitsap County Prosecutor’s Office
Charging
General Charging Standard:
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.
1.Investigation - Charges should not be filed until
the investigation is complete. RCW 9.94A.411. A
prosecuting attorney depends on law enforcement
agencies to conduct the necessary factual investigation
which must precede the decision to prosecute. The
prosecuting attorney should ensure through follow-up
communication with the investigators that a thorough
factual investigation has been conducted before
a decision to prosecute is made. The prosecuting
attorney may delay charging pending a complete and
full investigation by law enforcement.
2. Counts, Degrees, and Enhancements - Counts,
degrees, and enhancements should initially be filed
conservatively. The defendant will be expected to
plead guilty to the initial Complaint or Information.
However, multiple counts, higher degrees and sentence
enhancements should be charged when they more
accurately reflect the defendant’s criminal activity.
3. Charge Upgrade - If the defendant does not
plead guilty to the initial charge or charges, or if the
defendant commits additional crimes following
charging, additional counts may be added, the degree
of the crime may be increased, and enhancements may
be added to the original charges in order to fully reflect
the criminal conduct, or to ensure restitution to all
victims of the defendant’s criminal conduct.
4. Persistent Offender Cases - Because of the
severity of punishment to be imposed upon conviction,
Persistent Offender cases will not be filed in marginal
or extremely circumstantial cases. A decision not to
seek Persistent Offender sanctions on a defendant
otherwise qualified will be approved by the prosecuting
attorney or his or her designee if unavailable.
5. Declining to File Charges – A prosecuting
attorney may decline to prosecute, even though
technically sufficient evidence to prosecute exists, in
situations where prosecution would serve no public
purpose, would defeat the underlying purpose of the
law or would result in decreased respect for the law.
Specific examples of such instances are set forth in
RCW 9.94A.411.
Appeal of Decision to Decline to File Charges:
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.
Charging Standards
Effective 11/01/2016
Tina R. Robinson
Kitsap County Prosecutor’s Office
Sentencing
General Sentencing Recommendations Standard:
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:
1. Ensure that the punishment for a criminal offense
is proportionate to the seriousness of the offense and
the offender’s criminal history;
3. Whether the defendant has agreed to pay
restitution or has agreed to return property to the
victim;
4. Whether the defendant cooperated with law
enforcement or is willing to cooperate with law
enforcement in the future;
5. The probable effect on witnesses;
2. Protect the public and promote respect for the law
by providing punishment which is just;
6. A request by the victim when it is not the result of
pressure from the defendant;
3. Be commensurate with the punishment imposed
on others committing similar offenses;
7. Whenever a defendant is convicted of two or more
offenses arising from a single incident, the prosecutor
should recommend concurrent sentences. However,
consecutive sentences may be recommended if it more
accurately reflects the defendant’s criminal activity;
4. Make frugal use of the State’s resources; and
5. Offer the offender an opportunity to improve
him-or-herself and reduce the risk of re-offense by
offenders in the community.
Sentence Recommendation Factors:
The trial deputy shall consider the following factors in
making a sentence recommendation:
1. Whether the defendant has a history of criminal
activity and the seriousness of said criminal history;
2. Whether the defendant agrees to an early plea
(this takes into account that an early plea reduces the
impact upon the limited resources of the criminal
justice system and avoids the adverse impact of further
hearings and a trial upon the victim and witnesses,
and recognizes that the defendant is taking prompt
responsibility for his or her actions);
8. Whether the defendant has uncharged offenses
and sentencing enhancements;
9. Whether the defendant has previously received
treatment based alternatives (diversion, deferred
prosecution, treatment courts, DOSA, SSOSA, etc.)
and failed to maintain law abiding behavior; and
10. Any of the charging factors. This would include
any factors that were not sufficient to merit declining
to file a charge or charges, but do merit consideration
in making a sentencing recommendation.
Firearm Forfeiture:
All plea agreements will require the forfeiture of any seized firearms.
All Plea Agreements to be Honored:
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.
Sentencing Standards
Effective 11/01/2016
Tina R. Robinson
Kitsap County Prosecutor’s Office