Washington Motion for Deferred Disposition is a legal process used in the state of Washington to allow a defendant to enter a plea of guilty or no contest to certain types of crimes, with the understanding that if the defendant complies with the terms of the motion, the charge will be dismissed. Washington Motion for Deferred Disposition can be used for criminal charges including driving under the influence (DUI), reckless driving, and certain types of misdemeanors such as petty theft and shoplifting. There are two main types of Washington Motion for Deferred Disposition: the Standard Deferred Prosecution and the Enhanced Deferred Prosecution. The Standard Deferred Prosecution requires the defendant to meet certain conditions such as attending court-ordered classes, paying court costs, and completing community service. The Enhanced Deferred Prosecution requires additional conditions such as drug and alcohol evaluation or treatment and installation of an ignition interlock device. If the defendant successfully completes the terms of the Washington Motion for Deferred Disposition, the charge will be dismissed and the defendant's record will be wiped clean.
Washington Motion For Deferred Disposition
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FAQ
What is Deferred Disposition? Deferred Disposition is a suspended sentence. On your plea of guilty or no contest, the court will defer a finding of guilt, assess Court costs, and order that you post a bond and comply with certain conditions.
A deferred sentence means exactly what it sounds like. Upon conviction of a crime in Washington, either by way of guilty plea or after trial, a judge may opt to ?defer? sentencing for a period of time. In most cases the period of deferral would be one or two years.
A deferred sentence in Washington state is often part of a plea deal with the prosecutor and they are only an option for gross misdemeanors or simple misdemeanors. In exchange for your guilty plea, you are found guilty but placed on a period of probation.
With deferred prosecution, the defendant agrees to live by a certain set of rules or terms during a time period that the judge specifies. If the person fulfills these requirements without incident, the case is dismissed.
Even though successful completion of a deferred sentence results in a dismissal of charges and guilty plea withdrawal, most states still consider it to be a conviction since a plea of guilt was entered and the defendant was considered "convicted" for the duration of the program.
What is a deferred prosecution? A deferred prosecution, in Washington, is an agreement by the State not to prosecute a DUI in exchange for the defendant's agreement to enter into and complete a two year intensive outpatient alcohol/drug/or mental health treatment program.
Deferred entry of judgment is a program in California that permits a judge to avoid entering a conviction in a criminal case. However, the defendant has to plead guilty to the crime they were accused of committing.