The wrongful conduct charged is the result of or caused by substance use disorders. 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. This is a washington form and can be use in defered prosecution statewide. Following are my statements in support of this petition. Dui victims panel should be completed before entry in deferred prosecution. The alcoholismdeferred prosecution program lasts two years and consists of a detailed and strict list of.
Dui changes a boost for deferred prosecutions by geoffrey burg. This is a washington form that can be used for district court within local county, chelan. It is important to keep in mind that this program is not for everyone. Deferred prosecution petition vehiclevesselaircraft registration dui declaration to not drive pdf dui sentencing attachment pdf dui sentencing. 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. 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. Court, upon the defendants petition for deferred prosecution. Dui deferred prosecution jonathan rands, dui lawyer in. Petition for deferred prosecution page 1 of 3 dppf 01292020 district court of washington for the county of thurston no. Petition for deferred prosecution alcohol drug driving related download free printonly pdf or purchase interactive pdf version of this form.
Kitsap county treatment agencies and dui victim panels brochure pdf. One would want to confirm, upon the completion of the program and its individual. Alcoholism drug addiction mental health deferred prosecution packet pdf mental. A deferred prosecution, even if successfully completed and charges dismissed, is still considered a prior offense if you were to receive another dui charge. I make the following statement in support of my petition. Deferred prosecution dui in washington state seattle. Entry into a deferred prosecution program can be the best option for some clients in certain circumstances. Abstain from alcohol or any nonprescribed drugs for entire 5 year 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. Extreme risk protection order petition respondent over 18 pdf. If the treatment is completed successfully, the charges must be. Defendant shall attend and complete a dui victims panel within 90 days and. This legislation helps people arrested for driving under the influence who intend on seeking a deferred prosecution, but the prosecutor has delayed filing charges. 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. Defendants petition and statements in support of deferred prosecution, the. The alcoholismdeferred prosecution program lasts two years and consists of a detailed and strict list of requirements found in rcw 10.
The good news is that if you successfully complete it, your dui will be dismissed. As a condition of granting a deferred prosecution petition on any alcoholdependency based case, the court shall also order the installation of an ignition interlock under rcw 46. Interim order pending acceptance for deferred prosecution. Deferred prosecution whatcom skagit skagit county dui. 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.
Drug abuse institute evaluated dui deferred prosecution and concluded the program reduced 1 rcw 10. Deferred prosecution findings of fact pdf deferred prosecution petition pdf deferred prosecution petition vehiclevesselaircraft registration. Snohomish county government 3000 rockefeller avenue everett, wa 98201 phone. You may be eligible to petition the court to be placed on deferred prosecution. In order to enter a deferred prosecution you must agree that there are sufficient facts to find you guilty of dui. 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. Order granting deferred prosecution city of kirkland. If the treatment is completed successfully, the charges must be dismissed. Petition for deferred prosecution and allows the defendant to enter into a deferred. District court forms snohomish county, wa official website. 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.
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. Download free printonly pdf or purchase interactive pdf version of this form. I sincerely believe i suffer from the problems alleged in my petition for deferred prosecution. That the defendant complete the dui victims panel within 60 days. Justia petition for deferred prosecution washington. The good news is that if you successfully complete it. I am the natural or adoptive parent of the alleged. The truth about dui deferred prosecutions in washington. By unanimous vote in both the house and senate, the washington state legislature passed sb 5644 this year. Deferred prosecution dui in washington state seattle dui. I am the defendant in this case and i petition the court for deferred prosecution under rcw chapter 10. 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 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. Rather, such programs arise from the inherent powers of. 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. I am the defendant in this case and i petition the court for deferred prosecution of a criminal mistreatment charge under rcw chapter 10.
The required periods of use of the interlock shall be not less than the periods provided for in rcw 46. Washington state deferred prosecution dui deferred prosecution. 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. I am the defendant in this case and i petition the court. Petition for deferred prosecution alcohol drug driving related form.
The deferred prosecution program is an alternative to conviction and punishment for. Court, the defendant may be under the supervision of the probation. A person who has been charged with a class h or i felony or a misdemeanor may be placed on probation as. To obtain legal advice you should hire a lawyer for full service representation or for limited representation or, if you cannot afford one. Justia petition for deferred prosecution alcoholdrug. Order sealing records for successful deferred prosecution. District court of washington for the county of thurston. Antiplea bargaining laws and other laws related to deferred. The petitioner herein has filed a petition requesting consideration for deferred. Petition for deferred prosecution of criminal mistreatment charge dppf violation date. Deferred prosecution program for domestic violence behavior requirements. Motionrequest for deferred prosecution and order pending. Even though you have been charged with dui, you may be eligible to petition ask the court to be placed on a deferred prosecution.
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. Deferred prosecution for washington state dui charges. Great question deferred prosecution is a methodology of getting a dismissal. A list of times and locations of these panels is available in the court services office at the.
A person who has been charged with a class h or i felony or. The petitioner herein has filed a petition requesting consideration for deferred prosecution of a misdemeanorgross misdemeanor. The petition shall be filed with the court at least seven days before the date set for. Some offenders may have the option to petition the court to enter a deferred prosecution program, though. State of washington snohomish county district court no. This is a washington form and can be use in island local county. 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.
Even though you have been charged with dui, you may be eligible to petition ask the court to be placed on deferred prosecution. Washington state deferred prosecution dui deferred. Finally, dui attorneys in snohomish county are well aware of the difficulty of having a deferred prosecution petition approved. Failure to register vehicle, aircraft, or vessel deferral program exception fines. Antiplea bargaining laws and other laws related to. Deferred prosecution of dwi cases in washington state. Deferred prosecution you 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. Order accepting defendant for deferred prosecution page 1 of. If you violate any of the conditions of a deferred prosecution the court has the power to find you guilty and enter sentence. State of washington snohomish county district court. The program is five years long and is quite rigorous and demanding. The defendant shall file a petition for deferred prosecution and submit all documentation to compliance monitor at. The defendant shall attend a dui victims panel in kittitas county on. Petition for deferred prosecution of criminal mistreatment charge effective august 2, 2016 082016. Deferred prosecution of dui cases in washington state. 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.
Petition for deferred prosecution dui i am the defendant in this case and i petition the court for deferred prosecution under rcw chapter 10. 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. That the petitioner shall complete an approved dui victims panel within 60. Deferred prosecution department of licensing po box 9030 olympia, wa 98507 intent to seek deferred prosecution. A person who successfully completes a deferred prosecution should, however, never again be arrested for dui, if the program has been successful. Do i need a lawyer to petition for a deferred prosecution. A washington state deferred prosecution program is very different than most other states. One would want to confirm, upon the completion of the program and its individual requirements, the dismissal is actually entered.
Its an excellent program, but only for those committed to total sobriety. 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. 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. Deferred prosecution for negligent driving in the 1 st degree if the original charge was dui, actual physical control, vehicular homicide, vehicular assault. Deferred prosecutionyou may be eligible to petition the court to be placed on deferred prosecution. Statement of defendant on petition for deferred prosecution. Lower kittitas county district court state of washington state of. Deferred prosecution rule and forms city of cheney. Under new nc expungement laws is a deferred prosecution. Petition for deferred prosecution of criminal mistreatment charge effective august 2, 2016 082016 note. Deferred prosecution for dui in washington state one of the more controversial areas in washington dui law is deferred prosecution. An experienced washington dui attorney can help you determine if a deferred prosecution is a good option for you on your case.
A deferred prosecution can help you avoid serving jail time, losing your license, and paying sr22 insurance. Deferred prosecution in washington state dui cases burg dui. Washington state courts court forms deferred prosecution. Such person shall not be eligible for a deferred prosecution program more than once. The deferred prosecution program is an alternative to conviction and punishment.