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10.37.060 | Indictment or information—Separation into counts—Consolidation. | When there are several charges against any person, or persons, for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments or informations... |
10.37.070 | Animals—Description of. | When the crime involves the taking of or injury to an animal the indictment or information is sufficiently certain in that respect if it describes the animal by the common name of its class.
[ 1891 c 28 s 26 ; Code 1881 s 1011; 1873 p 226 s 194 ; 1869 p 241 s 189 ; RRS s 2062.]
Crimes relating to animals: Chapter 9.08 ... |
10.37.080 | Forgery—Description of instrument. | When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established on the trial, the misdescription of the instrument is... |
10.37.090 | Injury to person or intention concerning. | When the crime involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not material.
[Code 1881 s 1010; 1873 p 226 s 193 ; 1869 p 241 s 188 ; RRS ... |
10.37.100 | Judgment, how pleaded. | In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state in the indictment or information the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts confer... |
10.37.110 | Larceny or embezzlement—Specification. | In an indictment or information for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank not... |
10.37.130 | Obscene literature—Description. | An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, p... |
10.37.140 | Perjury—Subornation of perjury—Description of matter. | In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, and in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had... |
10.37.150 | Presumptions of law need not be stated. | Neither presumptions of law nor matters of which judicial notice is taken need be stated in an indictment or information.
[ 1891 c 28 s 31 ; Code 1881 s 1016; 1873 p 227 s 199 ; 1869 p 242 s 194 ; RRS s 2067.] |
10.37.160 | Statute—Exact words need not be used. | Words used in a statute to define a crime need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used.
[ 1891 c 28 s 28 ; Code 1881 s 1013; 1873 p 226 s 196 ; 1869 p 241 s 191 ; RRS s 2064.] |
10.37.170 | Statute, private—Description. | In pleading a private statute, or right derived therefrom, it is sufficient to refer, in the indictment or information, to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.
[ 1891 c 28 s 33 ; Code 1881 s 1018; 1873 p 227 s 201 ; 1869 p 243 s 196 ; 1854 p 112... |
10.37.190 | Words and phrases—How used. | The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.
[ 1891 c 28 s 27 ; Code 1881 s 1012; 1873 p 227 s 195 ; 1869 p 241 s 190 ; RRS s 2063.] |
10.40.050 | Entry and use of true name. | If he or she alleges that another name is his or her true name it must be entered in the minutes of the court, and the subsequent proceedings on the indictment or information may be had against him or her by that name, referring also to the name by which he or she is indicted or informed against.
[ 2010 c 8 s 1038 ; 18... |
10.40.060 | Pleading to arraignment. | In answer to the arraignment, the defendant may move to set aside the indictment or information, or he or she may demur or plead to it, and is entitled to one day after arraignment in which to answer thereto if he or she demands it.
[ 2010 c 8 s 1039 ; 1891 c 28 s 50 ; Code 1881 s 1045; RRS s 2098.] |
10.40.070 | Motion to set aside indictment. | The motion to set aside the indictment can be made by the defendant on one or more of the following grounds, and must be sustained: (1) When any person, other than the grand jurors, was present before the grand jury when the question was taken upon the finding of the indictment, or when any person, other than the grand... |
10.40.075 | Motion to set aside indictment—Grounds not allowed, when. | The ground of the motion to set aside the indictment mentioned in the fourth subdivision of RCW 10.40.070 is not allowed to a defendant who has been held to answer before indictment.
[Code 1881 s 1047; RRS s 2100. Formerly RCW 10.40.070 , part.] |
10.40.090 | Sustaining motion—Effect of. | An order to set aside the indictment or information as provided in this chapter shall be no bar to a future prosecution for the same offense.
[ 1891 c 28 s 54 ; Code 1881 s 1050; RRS s 2104.] |
10.40.100 | Overruling motion—Pleading over. | If the motion to set aside the indictment [or information] be denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto.
[ 1891 c 28 s 52 ; Code 1881 s 1048; RRS s 2102.] |
10.40.110 | Demurrer to indictment or information. | The defendant may demur to the indictment or information when it appears upon its face either — (1) That it does not substantially conform to the requirements of this code; (2) [That] more than one crime is charged; (3) That the facts charged do not constitute a crime; (4) That the indictment or information contains an... |
10.40.120 | Sustaining demurrer—When final. | If the demurrer is sustained because the indictment or information contains matter which is a legal defense or bar to the action, the judgment shall be final, and the defendant must be discharged.
[ 1891 c 28 s 56 ; Code 1881 s 1052; RRS s 2106. FORMER PART OF SECTION: 1891 c 28 s 61 ; Code 1881 s 1060; RRS s 2114, now... |
10.40.125 | Sustaining demurrer, etc.—When not final. | The judgment for the defendant on a demurrer to the indictment or information, except where it is otherwise provided, or for an objection taken at the trial to its form or substance, or for variance between the indictment or information and the proof, shall not bar another prosecution for the same offense.
[ 1891 c 28 ... |
10.40.140 | Overruling demurrer—Pleading over. | If the demurrer is overruled the defendant has a right to put in a plea. If he or she fails to do so, judgment may be rendered against him or her on the demurrer, and, if necessary, a jury may be impaneled to inquire and ascertain the degree of the offense.
[ 2010 c 8 s 1040 ; Code 1881 s 1053; RRS s 2107.] |
10.40.170 | Plea of guilty. | The plea of guilty can only be put in by the defendant himself or herself in open court.
[ 2010 c 8 s 1041 ; Code 1881 s 1056; RRS s 2110. FORMER PART OF SECTION: Code 1881 s 1057; RRS s 2111, now codified as RCW 10.40.175 .] |
10.40.180 | Plea of not guilty. | The plea of not guilty is a denial of every material allegation in the indictment or information; and all matters of fact may be given in evidence under it, except a former conviction or acquittal.
[ 1891 c 28 s 59 ; Code 1881 s 1058; RRS s 2112.] |
10.40.190 | Refusal to answer. | If the defendant fail or refuse to answer the indictment or information by demurrer or plea, a plea of not guilty must be entered by the court.
[ 1891 c 28 s 62 ; Code 1881 s 1061; 1873 p 232 s 224 ; 1854 p 116 s 88 ; RRS s 2115.] |
10.40.200 | Deportation of aliens upon conviction—Advisement—Legislative intent. | (1) The legislature finds and declares that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion... |
10.43.020 | Offense embraces lower degree and included offenses. | When the defendant has been convicted or acquitted upon an indictment or information of an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment or information for the offense charged in the former, or for any lower degree of that offense, or for an offense necessaril... |
10.43.030 | Conviction or acquittal in other county. | Whenever, upon the trial of any person for a crime, it shall appear that the defendant has already been acquitted or convicted upon the merits, of the same crime, in a court having jurisdiction of such offense in another county of this state, such former acquittal or conviction is a sufficient defense.
[ 1909 c 249 s 2... |
10.43.040 | Foreign conviction or acquittal. | Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, in a judicial proceeding conducted u... |
10.43.050 | Acquittal, when a bar. | No order of dismissal or directed verdict of not guilty on the ground of a variance between the indictment or information and the proof, or on the ground of any defect in such indictment or information, shall bar another prosecution for the same offense. Whenever a defendant shall be acquitted or convicted upon an indi... |
10.46.020 | Trial docket. | The clerk shall, in preparing the docket of criminal cases, enumerate the indictments and informations pending according to the date of their filing, specifying opposite to the title of each action whether it be for a felony or misdemeanor, and whether the defendant be in custody or on bail; and shall, in like manner, ... |
10.46.060 | True name inserted in proceedings. | When a defendant is designated in the indictment or information by a fictitious or erroneous name, and in any stage of the proceedings his or her true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his or her being indicted or informed against by the name mentioned in the... |
10.46.070 | Conduct of trial—Generally. | The court shall decide all questions of law which shall arise in the course of the trial, and the trial shall be conducted in the same manner as in civil actions.
[ 1891 c 28 s 70 ; Code 1881 s 1088; 1873 p 237 s 249 ; 1854 p 119 s 111 ; RRS s 2158. FORMER PART OF SECTION: 1891 c 28 s 66, part; Code 1881 s 1078; 1873 p... |
10.46.080 | Continuances. | A continuance may be granted in any case on the ground of the absence of evidence on the motion of the defendant supported by affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it; and also the name and place of residence of the witness or witnesse... |
10.46.085 | Continuances not permitted in certain cases. | When a defendant is charged with a crime which constitutes a violation of RCW 9A.64.020 or chapter 9.68 , 9.68A, or 9A.44 RCW, and the alleged victim of the crime is a person under the age of eighteen years, neither the defendant nor the prosecuting attorney may agree to extend the originally scheduled trial date unles... |
10.46.110 | Discharging defendant to give evidence. | When two or more persons are included in one prosecution, the court may, at any time before the defendant has gone into his or her defense, direct any defendant to be discharged, that he or she may be a witness for the state. A defendant may also, when there is not sufficient evidence to put him or her on his or her de... |
10.46.190 | Liability of convicted person for costs—Jury fee. | Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collecte... |
10.46.200 | Costs allowed to acquitted or discharged defendant. | No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment is found against him or her, or for want of prosecution, shall be liable for any costs or fees of any officer or for any charge of subsistence while he or she was in custody, but in every such case the fees of... |
10.46.210 | Taxation of costs on acquittal or discharge—Generally—Frivolous complaints. | When any person shall be brought before a court or other committing magistrate of any county, city or town in this state, having jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon examination shall appear to be unfounded, no costs shall be payable by such... |
10.46.220 | Cost bills in felony cases—Certification. | In all convictions for felony, whether capital or punishable by imprisonment in the penitentiary, the clerk of the superior court shall forthwith, after sentence, tax the costs in the case. The cost bill shall be made out in triplicate, and be examined by the prosecuting attorney of the county in which the trial was ha... |
10.46.230 | Cost bills in felony cases—Payment. | Upon the receipt of the cost bill, as provided for in the preceding section, the county auditor shall draw warrants for the amounts due each person, as certified in said cost bill, which warrants shall be paid as other county warrants are paid. On receipt of the certified copy of said cost bill, the administrator for t... |
10.52.040 | Compelling witness to attend and testify—Accused as witness. | Witnesses may be compelled to attend and testify before the grand jury; and witnesses on behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or tendered, unless otherwise provided by ... |
10.52.060 | Confrontation of witnesses. | Every person accused of crime shall have the right to meet the witnesses produced against him or her face to face: PROVIDED, That whenever any witness whose deposition shall have been taken pursuant to law by a magistrate, in the presence of the defendant and his or her counsel, shall be absent, and cannot be found whe... |
10.52.090 | Incriminating testimony not to be used. | In every case where it is provided in *this act that a witness shall not be excused from giving testimony tending to criminate himself or herself, no person shall be excused from testifying or producing any papers or documents on the ground that his or her testimony may tend to criminate or subject him or her to a pena... |
10.52.110 | Courthouse facility dog program. | (1) Courts are authorized to exercise discretion permitting a courthouse facility dog to be used in any judicial proceeding. (2) Courts with an available courthouse facility dog must allow a witness under eighteen years of age, or who has a developmental disability as defined in RCW 71A.10.020 , to use a courthouse fac... |
10.55.010 | Definitions. | "Witness" as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. The word "state" shall include any territory of the United States and the District of Columbia. The word "summons" shall include a su... |
10.55.020 | Summoning witness in this state to testify in another state. | (1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certified under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is abo... |
10.55.060 | Witness from another state summoned to testify in this state. | If any person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness either for the prosecution or for the defense, in a criminal action... |
10.55.100 | Exemption of witness from arrest and service of process. | If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state he or she shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his or her entrance into ... |
10.55.110 | Uniformity of interpretation. | This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
[ 1943 c 218 s 5 ; Rem. Supp. 1943 s 2150-5.] |
10.55.120 | Short title. | This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings."
[ 1943 c 218 s 6 ; Rem. Supp. 1943 s 2150-6.] |
10.56.010 | Intent. | The legislature recognizes that prosecuting attorneys, law enforcement, and society at large strive for a criminal justice system that minimizes the risk [that] actually innocent people will be convicted. The legislature further recognizes that mistaken identification by witnesses to crime and false testimony by inform... |
10.56.040 | Local protocols for the use of informants. | (1) No later than December 31, 2020, each county prosecuting attorney shall: (a) Adopt and implement a written local protocol for the use of informants consistent with the model guidelines developed pursuant to *RCW 10.56.030 , and submit a copy of the local protocol to the work group established in *RCW 10.56.030 ; an... |
10.56.050 | Jury instruction for informant testimony. | (1) If the testimony of an informant is admitted in a criminal proceeding, the prosecuting attorney or defendant may request a jury instruction on exercising caution in evaluating the credibility of an informant. Except when otherwise determined by the court, the instruction should be substantially similar to the follo... |
10.58.010 | Rules—Generally. | The rules of evidence in civil actions, so far as practicable, shall be applied to criminal prosecutions.
[Code 1881 s 1071; 1873 p 234 s 233 ; 1854 p 117 s 97 ; RRS s 2152.] |
10.58.020 | Presumption of innocence—Conviction of lowest degree, when. | Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against him or her, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, he or she shall... |
10.58.030 | Confession as evidence. | The confession of a defendant made under inducement, with all the circumstances, may be given as evidence against him or her, except when made under the influence of fear produced by threats; but a confession made under inducement is not sufficient to warrant a conviction without corroborating testimony.
[ 2010 c 8 s 1... |
10.58.035 | Statement of defendant—Admissibility. | (1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged victim of the crime is dead or incompetent to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible into evidence if th... |
10.58.038 | Polygraph examinations—Victims of alleged sex offenses. | A law enforcement officer, prosecuting attorney, or other government official may not ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of the offense. The refusal of a victim to submit to a polygraph... |
10.58.040 | Intent to defraud. | Whenever an intent to defraud shall be made an element of an offense, it shall be sufficient if an intent appears to defraud any person, association or body politic or corporate whatsoever.
[ 1909 c 249 s 40 ; RRS s 2292.] |
10.58.060 | Ownership—Proof of. | In the prosecution of any offense committed upon, or in relation to, or in any way affecting any real estate, or any offense committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a vari... |
10.58.080 | View of place of crime permissible. | The court may order a view by any jury impaneled to try a criminal case.
[Code 1881 s 1090; 1873 p 237 s 251 ; 1854 p 120 s 115 ; RRS s 2160.] |
10.61.003 | Degree offenses—Inferior degree—Attempt. | Upon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or information, and guilty of any degree inferior thereto, or of an attempt to commit the offense.
[ 1891 c 28 s 75 ; Code 1881 s 1097; 1854 p 120 s 122 ; ... |
10.61.006 | Other cases—Included offenses. | In all other cases the defendant may be found guilty of an offense the commission of which is necessarily included within that with which he or she is charged in the indictment or information.
[ 2010 c 8 s 1055 ; 1891 c 28 s 76 ; Code 1881 s 1098; 1854 p 120 s 123 ; RRS s 2168. Formerly RCW 10.61.010 , part.] [SLC-RO-... |
10.61.010 | Conviction of lesser crime. | Upon the trial of an indictment or information, the defendant may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime. Whenever the jury shall find a verdict of guilty against a ... |
10.61.035 | Conviction or acquittal—Several defendants. | Upon an indictment or information against several defendants any one or more may be convicted or acquitted.
[ 1891 c 28 s 37 ; Code 1881 s 1022; 1873 p 228 s 205 ; 1869 p 243 s 200 ; RRS s 2073. Formerly RCW 10.61.030 , part.]
Rules of court: This section superseded in part by CrR 6.16. See comment after CrR 6.16.
Disc... |
10.61.060 | Reconsideration of verdict. | When there is a verdict of conviction in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion, and direct the jury to reconsider the verdict; and if after such reconsideration they return the same verdict it must be entered, but it shall be good cause for ... |
10.64.015 | Judgment to include costs—Exception. | When the defendant is found guilty, the court shall render judgment accordingly, and the defendant may be liable for all costs, unless the court or jury trying the cause expressly find otherwise. The court shall not order a defendant to pay costs, as described in RCW 10.01.160 , if the court finds that the person at th... |
10.64.025 | Detention of defendant. | (1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf ... |
10.64.027 | Conditions of release. | In order to minimize the trauma to the victim, the court may attach conditions on release of a defendant under RCW 10.64.025 regarding the whereabouts of the defendant, contact with the victim, or other conditions.
[ 1989 c 276 s 5 .]
Severability — 1989 c 276: See note following RCW 9.95.062 . |
10.64.060 | Form of sentence to penitentiary. | In every case where imprisonment in the penitentiary is awarded against any convict, the form of the sentence shall be, that he or she be punished by confinement at hard labor; and he or she may also be sentenced to solitary imprisonment for such term as the court shall direct, not exceeding twenty days at any one time... |
10.64.070 | Recognizance to maintain good behavior or keep the peace. | Every court before whom any person shall be convicted upon an indictment or information for an offense not punishable with death or imprisonment in the penitentiary may, in addition to the punishment prescribed by law, require such person to recognize with sufficient sureties in a reasonable sum to keep the peace, or t... |
10.64.075 | Breach of recognizance conditions. | In case of the breach of the conditions of any such recognizance, the same proceedings shall be had that are by law prescribed in relation to recognizances to keep the peace.
[Code 1881 s 1122; 1873 p 242 s 280 ; 1854 p 123 s 144 ; RRS s 2203. Formerly RCW 10.64.070 , part.] |
10.64.080 | Judgments a lien on realty. | Judgments for fines in all criminal actions rendered, are, and may be made liens upon the real estate of the defendant in the same manner, and with like effect as judgments in civil actions.
[Code 1881 s 1111; RRS s 2188.] |
10.64.100 | Final record—What to contain. | The clerk of the court shall make a final record of all the proceedings in a criminal prosecution within six months after the same shall have been decided, which shall contain a copy of the minutes of the challenge to the panel of the grand jury, the indictment or information, journal entries, pleadings, minutes of cha... |
10.64.110 | Fingerprint of defendant in felony convictions. | (1) Following June 15, 1977, except as provided in subsection (3) of this section, there shall be affixed to the original of every judgment and sentence of a felony conviction in every court in this state and every order adjudicating a juvenile to be a delinquent based upon conduct which would be a felony if committed ... |
10.64.120 | Referral assessments—Probation department oversight committee. | (1) Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed one hundred dollars for services provided whenever the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may ... |
10.64.140 | Loss of voting rights—Acknowledgment. | (1) When a person is convicted of a felony and sentenced to a term of total confinement under the jurisdiction of the department of corrections, the court shall require the defendant to sign a statement acknowledging that: (a) The defendant's right to vote has been lost due to the felony conviction and sentence to a te... |
10.66.005 | Findings. | The legislature finds that drug abuse is escalating at an alarming rate. New protections need to be established to address this drug crisis which is threatening every stratum of our society. Prohibiting known drug traffickers from frequenting areas for continuous drug activity is one means of addressing this pervasive ... |
10.66.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Applicant" means any person who owns, occupies, or has a substantial interest in property, or who is a neighbor to property which is adversely affected by drug trafficking, including: (a) A "family or hous... |
10.66.020 | When order may be issued. | A court may enter an off-limits order enjoining a known drug trafficker who has been associated with drug trafficking in an area that the court finds to be a PADT area, from entering or remaining in a designated PADT area for up to one year. This relief may be ordered pursuant to applications for injunctive relief or a... |
10.66.030 | Hearing—Summons. | Upon the filing of an application for an off-limits order under RCW 10.66.020 (1), (2), or (3), the court shall set a hearing fourteen days from the filing of the application, or as soon thereafter as the hearing can be scheduled. If the respondent has not already been served with a summons, the application shall be se... |
10.66.040 | Ex parte temporary order—Hearing—Notice. | Upon filing an application for an off-limits order under this chapter, an applicant may obtain an ex parte temporary off-limits order, with or without notice, only upon a showing that serious or irreparable harm will result to the applicant if the temporary off-limits order is not granted. An ex parte temporary off-lim... |
10.66.050 | Additional relief—PADT area. | In granting a temporary off-limits order or a one-year off-limits order, the court shall have discretion to grant additional relief as the court considers proper to achieve the purposes of this chapter. The PADT area defined in any off-limits order must be reasonably related to the area or areas impacted by the unlawfu... |
10.66.060 | Bond or security. | A temporary off-limits order or a one-year off-limits order may not issue under this chapter except upon the giving of a bond or security by the applicant. The court shall set the bond or security in the amount the court deems proper, but not less than one thousand dollars, for the payment of costs and damages that may... |
10.66.070 | Appearance of party. | Nothing in this chapter shall preclude a party from appearing in person or by counsel.
[ 1989 c 271 s 220 .] |
10.66.080 | Notice of order to law enforcement agency. | A copy of an off-limits order granted under this chapter shall be forwarded by the court to the local law enforcement agency with jurisdiction over the PADT area specified in the order on or before the next judicial day following issuance of the order. Upon receipt of the order, the law enforcement agency shall promptl... |
10.66.090 | Penalties. | (1) A person who willfully disobeys an off-limits order issued under this chapter is guilty of a gross misdemeanor. (2) A person is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person willfully disobeys an off-limits order in violation of the terms of the order and also either: (a) Enters... |
10.66.100 | Additional penalties. | Any person who willfully disobeys an off-limits order issued under this chapter shall be subject to criminal penalties as provided in this chapter and may also be found in contempt of court and subject to penalties under chapter 7.21 RCW.
[ 1999 c 143 s 47 ; 1989 c 271 s 222 .] |
10.66.110 | Jurisdiction. | The superior courts shall have jurisdiction of all civil actions and all felony criminal proceedings brought under this chapter. Courts of limited jurisdiction shall have jurisdiction of all misdemeanor and gross misdemeanor criminal actions brought under this chapter.
[ 1989 c 271 s 224 .] |
10.66.120 | Venue. | For the purposes of this chapter, an action may be brought in any county in which any element of the alleged drug trafficking activities occurred.
[ 1989 c 271 s 225 .] |
10.66.130 | Modification of order—Notice to law enforcement agency. | Upon application, notice to all parties, and a hearing, the court may modify the terms of an off-limits order. When an order is terminated, modified, or amended before its expiration date, the clerk of the court shall forward, on or before the next judicial day, a true copy of the amended order to the law enforcement a... |
10.70.010 | Commitment until fine and costs are paid. | When the defendant is adjudged to pay a fine and costs, the court shall order him or her to be committed to the custody of the sheriff until the fine and costs are paid or secured as provided by law.
[ 2010 c 8 s 1058 ; Code 1881 s 1119; 1873 p 242 s 277 ; 1854 p 123 s 141 ; RRS s 2200.]
Commitment for failure to pay f... |
10.70.020 | Mittimus upon sentence to imprisonment. | When any person shall be sentenced to be imprisoned in the penitentiary or county jail, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county, or his or her deputy, a transcript from the minutes of the court of such conviction and sentence, duly certified by such clerk, whic... |
10.73.010 | Appeal by defendant. | Appeal by defendant, see Rules of Court. |
10.73.040 | Bail pending appeal. | In all criminal actions, except capital cases in which the proof of guilt is clear or the presumption great, upon an appeal being taken from a judgment of conviction, the court in which the judgment was rendered, or a judge thereof, must, by an order entered in the journal or filed with the clerk, fix and determine the... |
10.73.090 | Collateral attack—One year time limit. | (1) No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction. (2) For the purposes of this section, "collateral attack... |
10.73.100 | Collateral attack—When one year limit not applicable. | The time limit specified in RCW 10.73.090 does not apply to a petition or motion that is based solely on one or more of the following grounds: (1) Newly discovered evidence, if the defendant acted with reasonable diligence in discovering the evidence and filing the petition or motion; (2) The statute that the defendant... |
10.73.110 | Collateral attack—One year time limit—Duty of court to advise defendant. | At the time judgment and sentence is pronounced in a criminal case, the court shall advise the defendant of the time limit specified in RCW 10.73.090 and 10.73.100 .
[ 1989 c 395 s 4 .] |
10.73.120 | Collateral attack—One year time limit—Duty of department of corrections to advise. | As soon as practicable after July 23, 1989, the department of corrections shall attempt to advise the following persons of the time limit specified in RCW 10.73.090 and 10.73.100 : Every person who, on July 23, 1989, is serving a term of incarceration, probation, parole, or community supervision pursuant to conviction... |
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