Deferred Prosecution Program

Deferred Prosecution Program

Understanding Deferred Prosecution

Deferred Prosecution is a unique rehabilitative treatment program designed to help individuals facing DUI or Physical Control charges in Washington State. The primary goal of this program is to provide an opportunity for participants to address underlying substance use issues, ultimately leading to the dismissal of their charges upon successful completion. This comprehensive program spans five years, during which participants must adhere to strict guidelines to maintain their eligibility and work towards recovery.

Deferred Prosecution is a unique rehabilitative treatment program designed to help individuals facing DUI or Physical Control charges in Washington State. The primary goal of this program is to provide an opportunity for participants to address underlying substance use issues, ultimately leading to the dismissal of their charges upon successful completion. This comprehensive program spans five years, during which participants must adhere to strict guidelines to maintain their eligibility and work towards recovery.

Eligibility and Admission

To qualify for Deferred Prosecution, a judge must be convinced that the participant’s case stems from a disorder related to drug or alcohol use. The individual must admit under oath that they believe they could reoffend without treatment. It is crucial to note that those who claim innocence or do not acknowledge a substance use disorder are not eligible for this program.

Program Structure

The Deferred Prosecution program is divided into three distinct phases,
becoming progressively less rigorous over time:

1

Phase One (First Year)

Participants attend a minimum of three group or individual treatment sessions per week, plus one Alcoholics Anonymous (AA) meeting. This phase is the most intensive, ensuring a strong foundation for recovery.

2

Phase Two (Second Year)

Participants are required to attend treatment sessions at least once a week, allowing them to build on the progress made during the first phase.

3

Phase Three (Remaining Three Years)

Treatment sessions are reduced to once a month, supporting long-term maintenance of sobriety and healthy behaviors.

Throughout all phases, participants must abstain from alcohol and non-prescribed drugs and avoid any new legal violations. Regular urine analysis tests are conducted to ensure compliance.

Additional Requirements

Beyond the core treatment sessions, participants must:

The probation department charges a $100 monthly monitoring fee during the first two years, totaling $2,400.

Weighing the Pros and Cons

Pros

Case Dismissal

Successful completion of the program can lead to the dismissal of DUI charges, avoiding significant jail time and a criminal conviction.

Structured Support

The program provides a structured path to recovery, helping participants regain control of their lives.

Cons

Rights Waiver

Participants waive their right to a trial. If revoked from the program, the judge will determine guilt based on the police report without a jury trial.

Intensive Commitment

The program requires a substantial commitment in terms of time, effort, and adherence to strict guidelines.

Choosing to enter Deferred Prosecution is a significant decision that should be made with the guidance of a skilled attorney. It offers a chance for recovery and dismissal of charges but requires a serious commitment to change and compliance with all program requirements.

 

If you believe that treatment can help you regain control of your life and avoid the severe consequences of a DUI conviction, Deferred Prosecution might be the right path for you. Discussing your options with an attorney will help you make an informed decision about the best course of action for your situation.

Making the Decision

Making the Decision

Choosing to enter Deferred Prosecution is a significant decision that should be made with the guidance of a skilled attorney. It offers a chance for recovery and dismissal of charges but requires a serious commitment to change and compliance with all program requirements.

 

If you believe that treatment can help you regain control of your life and avoid the severe consequences of a DUI conviction, Deferred Prosecution might be the right path for you. Discussing your options with an attorney will help you make an informed decision about the best course of action for your situation.