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CCOPD Frequently Asked Questions

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1. Is my public defender a “real lawyer”?

Yes! Public defenders are just as “real” as private criminal defense lawyers and civil lawyers. All the attorneys at the Cowlitz County Office of Public Defense graduated from college and law school and have met the same Washington State Bar Association requirements to practice law in the courts of this state.

2. Since you’re paid by the government, the same as prosecutors, aren’t you just working together?

Absolutely not. Although the Cowlitz County Office of Public Defense is funded by county government, the office is an independent agency separate and apart from the prosecutor’s office and the court. Our lawyers are loyal to their clients first and are bound by codes of professional conduct requiring that they provide zealous advocacy and protection to each client, the same as private lawyers.

3. Can I call or drop by the Cowlitz County Office of Public Defense for some quick legal advice?

Unfortunately, no. Our office is only authorized to give legal advice to clients whom the courts have assigned to us to represent. Unless you are a client, we cannot give legal advice or answer legal questions.

4. What is an arraignment?

If formal charges are filed against you, an arraignment will be scheduled. The arraignment is not a trial and not a time when evidence can be presented. At most arraignments, a copy of the charges you will be provided to you, if you do not have a lawyer, the judge can determine if you are eligible for a public defender. Expect to have a plea of “not guilty” entered at your arraignment. Your case normally will be scheduled for a status hearing, omnibus hearing, and trial. You must attend your arraignment hearing.

5. What is a pre-trial hearing?

A pre-trial hearing (or omnibus hearing) is the court proceeding where you and your lawyer will indicate whether you will either go to trial, settle the case with a plea of guilty, or ask for extra time. You may find that the courtroom is crowded when you arrive, and that you have to wait before you can meet with your court-appointed lawyer. However, no action will be taken on your case before you and your lawyer have talked.  Your lawyer might have one or more legal forms for you to read and sign. You must attend your pre-trial hearing.

6. What is a trial readiness hearing?

The trial readiness is a hearing when we let the court know if you are ready for trial the following week.  You must attend trial readiness hearing.

7. What happens in trial?

WA trial is the court proceeding where the prosecutor will present evidence and try to prove beyond a reasonable doubt that you are guilty of a crime. This is the hearing when witnesses testify. Through your lawyer, you will be able to question the witnesses against you and present witnesses on your own behalf. Most trials are decided by a jury, but some are decided by a judge alone. You have a right to a jury trial.

8. What happens in a sentencing hearing?

A sentencing hearing will take place only if you are found guilty at a trial or if you agree to plead guilty. The court proceeding is handled by the judge, who will use the recommendations of the prosecutor and your lawyer: sometimes the judge has input from other people such as a probation or DOC officer, the listed victim and people who support you.   In felony cases the Sentencing Guidelines are used to determine your sentencing range.  You always have the right to speak at your sentencing hearing. The judge will consider many things to determine your sentence.

9. How does COVID-19 impact my court hearings?

The courts are working very hard to avoid having lots of people in a small place.  Many court hearings are occurring via Zoom and you can log on to the Zoom link for your court appearance.  

• For hearings in Cowlitz County Superior Court (including criminal, civil commitment, UGA cases and Support Enforcement matters) go to https://www.cowlitzsuperiorcourt.us/  and link to the icon for Zoom hearings.  You will log in to the time for your specific court hearing.  
• For hearings in District Court go to https://www.co.cowlitz.wa.us/186/District-Court and follow directions to log on. 
• For hearings in juvenile court, log on at https://www.cowlitzsuperiorcourt.us/juvenile and open the tab in the left-hand corner to find your hearing.   

When using Zoom, be sure that you are muted and only speak when your case is called.  You can press *67 to mute and unmute yourself.

A limited number of cases are occurring in person.  For in person hearing you will need to wear a facemask in court, observe 6ft social distancing and may be required to take your temperature. If you cannot attend in person because you’re running a fever or have been recently exposed to someone or diagnosed with COVID.  Should that occur, you will need to call our office immediately!!

10. How do I discuss my case with my attorney during COVID-19?

If you are in jail or juvenile detention, your attorney will come see you to discuss your case.  If you are out of custody, your attorney will contact you to discuss your case.  If you have not heard from your attorney, please call the office.  Clients are seen by appointment only and phone contact is often the best way to reach your attorney.  You can always email your attorney at the email listed in the staff directory.  

11. What is a bench warrant, and what can I do if I have one?

A bench warrant is issued by a judge when a person with a pending criminal case violates the rules of the court. Sometimes a warrant is issued for violating pre-trial release conditions. Most often, people with bench warrants simply have failed to show up for a scheduled court appearance. Once a bench warrant is issued, the police can treat it like any other warrant and use it to arrest people and keep them in jail, until the appear back in front of a judge. If you have a bench warrant, you need to contact your attorney as soon as possible.

12. What if I have a prior conviction for possession of controlled substance, aka Violation of Uniformed Controlled Substance Act (VUCSA)?

Based on the Washington State Supreme Court Ruling in State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021), convictions for Possession of Controlled Substance, aka called Violation of Uniform Controlled Substances Act (VUCSA), were not lawful.  Your conviction for that charge can be vacated.  You should contact our office and our Blake support staff and Blake attorney can discuss your options for having that conviction vacated. You should contact our office and our Blake support staff and Blake resource attorney can discuss your options for having that conviction vacated and to assist if you need to be resentenced.  

13. Why hasn’t my attorney gotten my case dropped?

Only a prosecuting attorney or a judge can drop or dismiss a case. Your case has been filed in the name of the State of Washington, not the name of the complaining witnesses. Even if complaining witnesses say that they do not want to see you prosecuted, they don’t have the power to get your case dismissed.

14. What if I forgot my court date?

You can call the front desk and ask the receptionist or you can look on Find My Court Date.

15. How do I get my record vacated/sealed?

Washington Courts provides information on how to clear your record. The paperwork is here:  http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=38

16. If I have a problem with my court-appointed lawyer, how do I complain?

Many concerns can be resolved by talking directly to your public defender. Call the office at 360-578-7430. All incoming calls go through the main phone line. The receptionist can tell you who your attorney is and connect you with your attorney or your attorney’s voice mail.  If you cannot discuss your concerns with your attorney, please email or send a letter. All the attorneys’ email addresses are listed in the staff directory.

If you are unable to work out the issue with your attorney, you may contact the Director of the office, Ian Maher.  Your written concerns may be sent to:

Cowlitz County Office of Public Defense
1801 First Avenue, Suite 1A
Longview, WA 98632

You may also send an email to MaherI@cowlitzwa.gov. 

If your concern is urgent, you may call the office at 360-578-7430.

Please include the following information in your letter/email/phone call:

• Your name,  address and phone number
• Your attorney’s name
• Your case number and charge
• An explanation of your complaint

CCOPD reviews concerns raised by our clients. CCOPD does not accept complaints from family members or other third parties on behalf of the defendant. CCOPD does not accept anonymous complaints.

Please note that complaints submitted to OPD may be subject to disclosure as a public record.

17. What can I do to help with my case?

• You should never discuss the facts of your case with anyone but a lawyer or staff of the Cowlitz County Office of Public Defense.
• Make sure that your lawyer has an accurate address and phone number for you. Immediately notify the office if this information changes. Contact your lawyer as soon as you get a letter from the office advising you to do so and show up for your scheduled appointments.
• When you are in jail, avoid discussing the facts of your case with others, visitors, and people you call on the phone (other than employees of the Cowlitz County Office of Public Defense). Remember all non-law-office calls from the Cowlitz County Jail are recorded and may be used against you in trial or as the basis for additional criminal charges against you.
• When you are in jail, do not send letters discussing your case to anyone, as letters may be intercepted by law enforcement and used against you at trial. Avoid discussing the facts of your case in postal mail and emails.
•  Provide your lawyer with a list of potential witnesses as soon as possible, with accurate telephone numbers where they may be reached at least and addresses where they can receive mail if possible.
• Come to all your court dates. Unless your lawyer has told you personally that you are excused, you must come to court when the court order says. If you miss court, even if you might have a good excuse, there can be serious consequences, including being arrested and charged with a new crime. You may be inconvenienced by missing work or changing a medical appointment, but your boss or your doctor can’t have you arrested if you don’t show up. A judge can, and will put you in jail and possibly keep you there, if you don’t appear in court as ordered.
• Be on time for court.
• Dress for court as seriously as you would for a job interview or for any other appointment that could affect your future.