The alcoholismdeferred prosecution program lasts two years and consists of a detailed and strict list of requirements found in rcw 10. The deferred prosecution program is an alternative to conviction and punishment. Deferred prosecution for washington state dui charges. The defendant shall attend a dui victims panel in kittitas county on. Defendants petition and statements in support of deferred prosecution, the. Deferred prosecutionyou may be eligible to petition the court to be placed on deferred prosecution. The wrongful conduct charged is the result of or caused by alcoholism drug addiction mental problems. A deferred prosecution can help you avoid serving jail time, losing your license, and paying sr22 insurance. Even though you have been charged with dui, you may be eligible to petition ask the court to be placed on deferred prosecution. Deferred prosecution findings of fact pdf deferred prosecution petition pdf deferred prosecution petition vehiclevesselaircraft registration.
The petition shall be filed with the court at least seven days before the date set for. Deferred prosecution of dui cases in washington state. The deferred prosecution program is an alternative to conviction and punishment for those persons who have an alcohol or drug or mental problem and who will benefit from a treatment program. The truth about dui deferred prosecutions in washington. Court, upon the defendants petition for deferred prosecution. Deferred prosecution dui in washington state seattle dui.
Washington state deferred prosecution dui deferred. If you intend to seek deferred prosecution from the court for an alcohol drug related offense, you may use this form to request that the department of licensing dol postpone suspension or revocation of your driver license. Petition for deferred prosecution and allows the defendant to enter into a deferred. State of washington snohomish county district court. If you do not successfully complete the treatment program, you will face the original charges and consequences and may still be required to complete the treatment program. Deferred prosecution rule and forms city of cheney. Motionrequest for deferred prosecution and order pending. The extensive documentation must be presented to the probation department more than one week ahead of the court date and the petitioner must complete 18 hours of treatment to be approved. The deferred prosecution program is an alternative to conviction and punishment for those persons who have an alcohol, drug or mental problem and who will benefit from a treatment program. A deferred prosecution, even if successfully completed and charges dismissed, is still considered a prior offense if you were to receive another dui charge. Interim order pending acceptance for deferred prosecution. The wrongful conduct charge d is the result of or cause by substance use disorders or mental problems, for which i need treatment. If the treatment is completed successfully, the charges must be dismissed. A person who successfully completes a deferred prosecution should, however, never again be arrested for dui, if the program has been successful.
I understand that the court will not accept a petition for deferred prosecution from a person who sincerely believes he or she is innocent of the offenses charged or does not, in fact, suffer from the problems alleged in the petition. District court forms snohomish county, wa official website. By unanimous vote in both the house and senate, the washington state legislature passed sb 5644 this year. Petition for deferred prosecution alcohol drug driving related download free printonly pdf or purchase interactive pdf version of this form. I am the natural or adoptive parent of the alleged.
Abstain from alcohol or any nonprescribed drugs for entire 5 year deferred prosecution. This legislation helps people arrested for driving under the influence who intend on seeking a deferred prosecution, but the prosecutor has delayed filing charges. Court, the defendant may be under the supervision of the probation. Deferred prosecution program for domestic violence behavior requirements.
I am the defendant in this case and i petition the court for deferred prosecution under rcw chapter 10. In order to enter a deferred prosecution you must agree that there are sufficient facts to find you guilty of dui. I sincerely believe i suffer from the problems alleged in my petition for deferred prosecution. Antiplea bargaining laws and other laws related to deferred. This is a washington form that can be used for district court within local county, chelan.
Order accepting defendant for deferred prosecution page 1 of. Justia petition for deferred prosecution washington. I am the defendant in this case and i petition the court for deferred prosecution of a criminal mistreatment charge under rcw chapter 10. Dui victims panel should be completed before entry in deferred prosecution. One would want to confirm, upon the completion of the program and its individual. Petition for deferred prosecution alcohol drug driving related form.
Finally, dui attorneys in snohomish county are well aware of the difficulty of having a deferred prosecution petition approved. The alcoholismdeferred prosecution program lasts two years and consists of a detailed and strict list of. I am the defendant in this case and i petition the court. I make the following statement in support of my petition. Entry into a deferred prosecution program can be the best option for some clients in certain circumstances. Justia petition for deferred prosecution alcoholdrug. The defendant shall file a petition for deferred prosecution and submit all documentation to compliance monitor at least seven days prior to the next court date. A washington state deferred prosecution program is very different than most other states. Jul 28, 2012 if you have indeed received a deferred prosecution in a criminal case, what it means is that the prosecution and judge have allowed you to simply live with tems and conditions imposed in your life during a certain time period usually a year such as commit no additional crimes, abstain from drugs and alcohols, perform useful public service. Alcoholism drug addiction mental health deferred prosecution packet pdf mental.
Some offenders may have the option to petition the court to enter a deferred prosecution program, though. Petition for deferred prosecution of criminal mistreatment charge effective august 2, 2016 082016. That the defendant complete the dui victims panel within 60 days. You must tell the court under oath, thereby making a legal record, that you have a drug or alcohol dependence, or mental health issues, which can have lasting consequences. District court of washington for the county of thurston. Dui declaration to not drive pdf dui sentencing attachment pdf dui sentencing grid pdf guilty plea pdf hearing and waiver spanish pdf modifyrescind domestic violence nocontact order. The deferred prosecution program is an alternative to conviction and punishment for. Lower kittitas county district court state of washington state of. The required periods of use of the interlock shall be not less than the periods provided for in rcw 46. Order granting deferred prosecution city of kirkland. Rather, such programs arise from the inherent powers of. Dui changes a boost for deferred prosecutions by geoffrey burg. If you violate any of the conditions of a deferred prosecution the court has the power to find you guilty and enter sentence. A final consideration is that as a condition of granting the deferred prosecution in an alcoholbased dui case, the court will order the imposition of an ignition interlock restriction on your license.
Dui deferred prosecution jonathan rands, dui lawyer in. The defendant must waive a jury trial and consent to a trial by the court or must enter a guilty plea, with the general finding to be entered by the court to be deferred until the time that prosecution may be resumed. Washington state deferred prosecution dui deferred prosecution. One would want to confirm, upon the completion of the program and its individual requirements, the dismissal is actually entered.
A list of times and locations of these panels is available in the court services office at the. Deferred prosecution dui in washington state seattle. Snohomish county government 3000 rockefeller avenue everett, wa 98201 phone. Additional documents may be required by local county superior court rules. Extreme risk protection order petition respondent over 18 pdf. State of washington snohomish county district court no. A person who has been charged with a class h or i felony or. Aug 11, 2010 a deferred prosecution is often a set up for failure. Deferred prosecution order pdf deferred prosecution petition pdf deferred prosecution probation checklist pdf driving status form dui pretrial pdf driving status form pdf interpreter forms.
The petitioner herein has filed a petition requesting consideration for deferred. An experienced washington dui attorney can help you determine if a deferred prosecution is a good option for you on your case. You may be eligible to petition the court to be placed on deferred prosecution. Deferred prosecution in washington state dui cases burg dui. Deferred prosecution you may be eligible to petition the court to be placed on deferred prosecution. Antiplea bargaining laws and other laws related to. Even though you have been charged with dui, you may be eligible to petition ask the court to be placed on a deferred prosecution. Statement of defendant on petition for deferred prosecution. Washington state courts court forms deferred prosecution. It is important to keep in mind that this program is not for everyone. If the treatment is completed successfully, the charges must be. Drug abuse institute evaluated dui deferred prosecution and concluded the program reduced 1 rcw 10.
Great question deferred prosecution is a methodology of getting a dismissal. Deferred prosecution is available only for those who believe alcoholism, drug addiction, or a mental health problem caused the behavior leading to their dui arrest. This matter coming on for hearing upon the petition of the defendant for deferred prosecution, and the court, having examined the report and treatment plan of the evaluating agency. Petition for deferred prosecution of criminal mistreatment charge dppf violation date. Following are my statements in support of this petition. The program is five years long and is quite rigorous and demanding. That the petitioner shall complete an approved dui victims panel within 60. Do i need a lawyer to petition for a deferred prosecution.
Deferred prosecution information pdf deferred prosecution petition pdf dui attachment pdf dui explanation of rights pdf guilty plea pdf interpreter declaration pdf motion for vacating pdf notice of appearance pdf scheduling order pdf vacate and expunge guide pdf vacating conviction information pdf. In the simplest terms, a washington state deferred prosecution allows you to avoid all mandatory jail time for a dui and have the case entirely dismissed if you enter treatment and avoid new law violations for 5 years. Deferred prosecution whatcom skagit skagit county dui. Feb 16, 2017 petition eligibility 2 a person charged with a traffic infraction, misdemeanor, or gross misdemeanor shall not be eligible for a deferred prosecution program unless the court makes specific findings. This is a washington form and can be use in defered prosecution statewide. Order sealing records for successful deferred prosecution. A petition for deferred prosecution and all required documentation in support thereof shall be provided to the probation department at least seven days prior to a hearing on the petition. Deferred prosecution for negligent driving in the 1 st degree if the original charge was dui, actual physical control, vehicular homicide, vehicular assault. The good news is that if you successfully complete it, your dui will be dismissed. Deferred prosecution petition vehiclevesselaircraft registration dui declaration to not drive pdf dui sentencing attachment pdf dui sentencing. Defendant shall attend and complete a dui victims panel within 90 days and. The wrongful conduct charged is the result of or caused by substance use disorders. Failure to register vehicle, aircraft, or vessel deferral program exception fines.
Under new nc expungement laws is a deferred prosecution. Deferred prosecution for dui in washington state one of the more controversial areas in washington dui law is deferred prosecution. The petitioner herein has filed a petition requesting consideration for deferred prosecution of a misdemeanorgross misdemeanor. The good news is that if you successfully complete it. Even though you have been charged with dui, you may be eligible to petition ask the court to be placed on a. This is a washington form and can be use in island local county. Deferred prosecution department of licensing po box 9030 olympia, wa 98507 intent to seek deferred prosecution. The defendant shall file a petition for deferred prosecution and submit all documentation to compliance monitor at. Kitsap county treatment agencies and dui victim panels brochure pdf. Petition for deferred prosecution page 1 of 3 dppf 01292020 district court of washington for the county of thurston no. Download free printonly pdf or purchase interactive pdf version of this form. Petition for deferred prosecution dui i am the defendant in this case and i petition the court for deferred prosecution under rcw chapter 10. To obtain legal advice you should hire a lawyer for full service representation or for limited representation or, if you cannot afford one.
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