The Deferred Prosecution Program
If you have been charged with a misdemeanor or gross misdemeanor, Washington law allows you to be placed on a "deferred prosecution" instead of pleading "guilty" or "not guilty". If you successfully complete the deferred prosecution requirements, the charge will be dismissed. In order to be eligible for a deferred prosecution:
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Your criminal conduct must be caused by alcoholism, drug addiction, or mental problems; you must need treatment; and there must be a great probability that the criminal conduct will be repeated if you don't receive treatment.
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You must get an evaluation that shows that: (1) you do suffer from one of the above problems; (2) the problem is such that if not treated there's a great probability that similar misconduct will occur in the future, (3) extensive and long term treatment is required; (4) effective treatment for your problem is available; and (5) you are amenable to treatment.
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You must believe that you suffer from alcoholism, drug addiction, or mental problems.
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You must commit to a two-year treatment program.
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You must not have been on deferred prosecution before.
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You must give up: your right to testify; your right to a speedy trial; your right to call witnesses to testify; your right to present evidence in your defense; and your right to a jury trial.
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You must agree that, if you are removed from deferred prosecution, your trial will consist of the judge reading the police report and your statements in the deferred prosecution petition.
NOTE: Although a Deferred Prosecution may be available in your case, it may not be wise to utilize the option. The program is long, hard, and expensive. Many times a lawyer from my office can get you far better results by filing legal motions and negotiating with the prosecutor. Please take advantage of our FREE CONSULTATION to find out what options are best for you.
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