This is an official form from the Washinton Judicial System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Washington statutes and law.
Seattle Washington WPF CrRLJ 04.1110 - Petition for Deferred Prosecution of Criminal Mistreatment Charge
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State:
Washington
City:
Seattle
Control #:
WA-DEFPROS-CMC
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How to fill out Seattle Washington WPF CrRLJ 04.1110 - Petition For Deferred Prosecution Of Criminal Mistreatment Charge?
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FAQ
Statute of Limitations in WA for a DUI is two years A DUI is a gross misdemeanor, therefore the Statute of Limitations is two years. The case can not be filed more than two years after it is alleged to have occurred.
(1) A deferred or suspended sentence is not a prior conviction when it has been dismissed under RCW 9.95. 240 -AGO 57-58 No. 106 to Board of Prison Terms and Paroles on August 2, 1957; (2) A deferred or suspended sentence is a prior conviction if the same has not been revoked or dismissed.
If you are convicted of a second DUI within 7 years in Washington State the penalties include: Mandatory 30-45 days jail. House arrest for a period of 60 days after your initial jail term is finished. Up to $5,000 in fines.
If you are charged with a Washington State DUI/DWI or physical control charge and diagnosed as alcohol or drug dependent (or suffering from mental health issues) you may be eligible to petition the court for a ?deferred prosecution? on your case.
A deferred prosecution is an agreement between the prosecutor and a defendant for the charges to be dismissed after the defendant fulfills certain conditions, such as probation, restitution, community service, and not committing any other crimes.
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.
About deferred prosecution agreements A DPA is a voluntary agreement negotiated between an accused and the responsible prosecution authority. Under a DPA , the criminal prosecution is suspended for a set period of time. During that time, the accused must comply with the terms of the agreement.
A first time DUI in WA State is normally charged as a gross misdemeanor, which carries a maximum penalty of 364 days in jail and a $5000 fine. In all cases where a conviction is entered, there are mandatory minimum sentences, which a judge is required to impose and cannot reduce.
The sentencing court shall issue a certificate of discharge upon verification of completion of all sentencing conditions, including any and all legal financial obligations. A certificate of discharge issued under this subsection (3) is effective on the date the offender completed all conditions of his or her sentence.
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.
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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY STATE OF WASHINGTON, Plaintiff, vs. Court must find defendant not guilty when there is no police report attached to deferred prosecution petition. MORE.Washington's Legislature created the deferred prosecution program in order to encourage people to seek treatment for drug or alcohol abuse and addiction.
When a person completes drug treatment and does not violate the law for two years, there is a 90-day window to file an original proceeding for a conviction. If the prosecutor chooses not to seek a conviction for any number of deferred-prosecution situations, the person remains free until an original offense occurs and an actual conviction is sought in court. Defendant's case is a “deferred indictment,” an amended, not a different prosecution. Defendant's attorney is a former prosecutor. The State Attorney's Office failed to file a criminal complaint with the court. MORE. After a year of no violation, defendant was charged in July 2014 with misdemeanor possession for sale of heroin. Defendant was required to enroll in the pretrial treatment center. She failed a drug test and was found to be in possession for sale of heroin. The State has continued to pursue her for the original crime, even though she has a deferred-prosecution agreement in place for her original charge.
Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.
When a person completes drug treatment and does not violate the law for two years, there is a 90-day window to file an original proceeding for a conviction. If the prosecutor chooses not to seek a conviction for any number of deferred-prosecution situations, the person remains free until an original offense occurs and an actual conviction is sought in court. Defendant's case is a “deferred indictment,” an amended, not a different prosecution. Defendant's attorney is a former prosecutor. The State Attorney's Office failed to file a criminal complaint with the court. MORE. After a year of no violation, defendant was charged in July 2014 with misdemeanor possession for sale of heroin. Defendant was required to enroll in the pretrial treatment center. She failed a drug test and was found to be in possession for sale of heroin. The State has continued to pursue her for the original crime, even though she has a deferred-prosecution agreement in place for her original charge.
Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.