Criminal Deferred Prosecution

Criminal Deferred Prosecution

A Criminal Deferred Prosecution is generally related to a DUI.  

A person will only qualify to use a Deferred Prosecution once in their Lifetime.

Important to know…

You are required to go through an Evaluation and must agree that one of the following was a contributing factor in your DUI.

  • Alcohol
  • Drugs
  • Mental Health

You need to complete an Outpatient Treatment program for 2 years.

You must abide by all Probation restrictions for 5 years.

Good News

If you do everything as instructed and do not violate any of the restrictions, your DUI will be dismissed.

Bad News

If you are convicted of a second DUI, this Deferred DUI will count as a prior offense.  Which will add to the consequences.

Criminal Deferred Prosecution Details

A criminal deferred prosecution is something that should not be taken lightly.  If you have been charged with a DUI or physical control in Washington State you are only eligible for deferred prosecution once in a lifetime.  If you are able to complete all of the court imposed conditions after a 5 year period, the DUI charge will be dismissed.  

Deferred prosecution has its benefits.  It can help you keep your driver’s license, avoid having to serve jail time, as well help those with serious drug or alcohol dependency achieve sobriety.

Eligibility Criminal Deferred Prosecution

There is a strict criteria that you must meet before you can be eligible for deferred prosecution.

  1. You cannot have been granted a deferred prosecution in your lifetime
  2. You must be diagnosed by a court approved substance abuse counselor as alcohol dependent, drug dependent or have mental health issues diagnosed by a mental health professional
  3. You must be enrolled and complete a 2 year treatment program for alcohol or drug abuse, or a 2 year treatment program for mental health treatment. RCW 10.05.020

Serious Considerations for Criminal Deferred Prosecution

When you enter into a deferred prosecution program you need to consider several court requirements

  1. When you agree to a deferred prosecution for a DUI, you must give up the opportunity to fight your case in court. Meaning if at all during the 5 year period you are found out of compliance with the terms of the deferred prosecution, the presiding judge would read the police report from DUI charge, and you could be found guilty of the DUI charge without the ability to present evidence in your defense.
  2. After you have successfully completed the deferred prosecution program and the DUI charge is dismissed, the deferred prosecution is still considered a prior offense. RCW 46.61.5055
  3. When accepting a deferred prosecution you are legally required to state that you have an alcohol or drug abuse problem or suffering from mental health issues, and by stating this you agree that without professional treatment the possibility of a repeat offense is likely.
  4. You are required to be abstinent from alcohol and non-prescribed, mood altering drugs during the 5 year deferred program. You will be required to submit random urinalysis tests through the treatment agency and probation to confirm your abstinence from alcohol or drugs.
  5. A rigorous 2 year treatment program for alcohol, drug abuse or mental health is required.
  6. There are several costs to consider when entering into a deferred prosecution program. You will be required to take financial responsibility for any treatment program expenses as well as probation costs. Courts will consider probation costs to be paid over a length of time, however it is important to understand that expenses can range in the $1000’s
  7. The court will require you to have an ignition interlock device as well as an ignition interlock license. The Washington State Department of Licensing might have this requirement as well, depending on if your license has been suspended by them.

We know that this can be a life changing event but it isn’t the end of the world.  

There are many ways an experienced attorney can fight for you.

Kylin Landry
Kylin Landry
Gotten many tickets dropped or the charge reduced to a non moving violation. Yes it would be great if they all could be dropped but at the end of the day my insurance is still affordable. Anyone leaving bad reviews about the Merrill's not getting a charge totally dismissed did not listen or read well enough when entering the contact as they make it very clear that both are a possibility.
Doza m
Doza m
Took care of it just like Rick said he would. Will definitely use him again in the future if needed.
Bri Adams
Bri Adams
Rick Merrill was very responsive and easy to work with, handled my case perfectly and got me the result I was after. Definitely recommend him for any of your needs.
Roman Empire
Roman Empire
Kind and professional people. Will definitely be coming back!
Abraham Tewldeberham
Abraham Tewldeberham
I want to start off by saying they have helped my family out tremendously. Their professionalism, efficiency and outstanding communication skills made our case a whole lot easier to understand and deal with.
Sylvia Magnusson
Sylvia Magnusson
Very Nice team to work with. Professional and compassionate. Will definitely recommend to anyone in need.

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