What is a deferred prosecution?
A deferred prosecution under RCW 10.05 is a program in the State of Washington, whereby if you are accused of certain crimes, including DUI, and the crime was caused by alcoholism, drug addiction, or mental health problems, the case can be dismissed if you receive treatment for that problem. • Should I do a deferred prosecution? That is a complex and difficult question to answer and will depend on the facts of your case and your criminal history. • Will I lose my license if I do a deferred prosecution? No, but you will be required to install an ignition interlock device in any non-work vehicle you drive. • Will I go to jail if I do a deferred prosecution? No. There is no jail component for a deferred prosecution. • Is a deferred prosecution the “easy way out?” No, it is not. It is often very difficult. It is a huge commitment of time, money and energy. You will have to admit your problem in open court and agree to complete the prescribed treatment. • How long is the treatment program f
A deferred prosecution is a disposition obtained as a result of a plea agreement with the prosecution. It is similar to a deferred judgment in that the case against you is frozen while you are on probation. However, with the deferred prosecution you do not enter a guilty plea to a charge prior to being placed on probation. If you successfully complete the probationary period the charges against you are dismissed. As with a deferred judgment, there is no record of a conviction. If you are alleged to violate the terms of the deferred prosecution, a hearing is held. If you are found to violate the terms, the case proceeds as if the plea agreement it had not been entered. You will be asked to enter a plea to the charge(s). If you plead not guilty, the case is set for trial. Unlike a deferred judgment, you do not give up your right to a trial by entering into a deferred prosecution. Prosecutors are much more reluctant to grant you a deferred prosecution than a deferred judgment. If you rece
Related Questions
- New deferred prosecution patients will be eligible for a Probationary License. Does that mean treatment facilities are required to report non-compliance to DOL in addition to the court, the prosecutor, and the client?
- How does a deferred prosecution petitioner request an extension of the temporary license, and what happens if the initial temporary license lapses before the extension can be effected?
- Are the courts required to report deferred prosecution non-compliance to DOL?
