The Benefits of Deferred Prosecution

The Benefits of Deferred Prosecution

Those who are facing a DUI or a DUI charge in Washington should consider applying for deferred prosecution. This will help them avoid having to pay high fines or spending time in jail. This will also reduce the stress and anxiety that comes along with being in jail.

Alcoholism

Having a drinking problem can be one of the reasons for being charged with a DUI. In Washington State, there is a deferred prosecution program for alcoholics and drug addicts who want to get sober. The program is a life saver for people with addiction problems. However, it can be complicated and time-consuming.

 

Defendants who want to be considered for deferred prosecution:


1. Must attend treatment for at least two years.
2. They must also have a valid driver’s license, insurance, and an ignition interlock device in their vehicle.


They can avoid being charged with a DUI and may be able to keep their license.

steps

Get an Alcohol and Drug Evaluation

The first step is to get an alcohol and drug evaluation. There are state-certified agencies in Washington that can do this. The cost of an evaluation is between $75 and $200. The assessment will determine if you qualify for deferred prosecution.

If you do, you will be sent to a treatment agency. You will then be evaluated by a chemical dependency counselor. The program will include a number of group sessions. During the first phase of treatment, you will be required to attend one AA meeting each week.

Meet with a Counselor

The second phase requires you to meet with the counselor at least once a week for eight weeks.

Group Sessions

The third phase involves continuing group sessions for the remainder of the two- year period.

You will be required to attend 90-minute group sessions every month. Some courts require you to attend two self-help meetings a week for five years.

After you complete the program, you will be able to petition the court for a formal dismissal of your charges. In most cases, you will be required to continue with the self-help meetings and outpatient counseling. In addition to this, you will be required to adhere to the terms of your treatment plan, including total abstinence from drugs and alcohol and random urinalysis.

 

If you are convicted of a DUI and you are a victim of an accident resulting from your addiction, you can apply for a deferred prosecution. If you are successful, your charge will be dismissed.

Mental health problems

Those with serious mental health problems or alcohol and drug abuse issues can obtain deferred prosecution in Washington. This program is designed to help defendants stay out of jail, avoid fines, and get sober. In exchange for their commitment, a judge will make sure they are connected with the services they need to improve their chances of ongoing success in treatment.

 

Deferred prosecution is a special type of court that allows people with mental health problems or drug and alcohol abuse issues to go through an intensive treatment program. It also involves a long-term commitment to sobriety. Applicants are required to go through an evaluation with a state-approved treatment agency. If a defendant is approved, he or she will then begin a two-year treatment program that includes two weekly self-help meetings.

 

Those who complete the program successfully will have their charges dismissed and will no longer be considered a criminal. If the defendant violates any conditions of the program, the program may be terminated. The deferred prosecution statute was enacted in the hopes of preventing future violations.

 

The DP program is a life-saver for many people with mental health and addiction issues. It can save a person from years in jail and thousands of dollars in court costs. However, it is not an easy program to complete. It requires a substantial personal commitment, and it is not for everyone. If you think you qualify for deferred prosecution, contact the state-approved treatment agency and your local court to discuss the details.

 

Those who enter the program are required to stay abstinent from all mind-altering drugs and alcohol for five years. In addition, they must participate in monthly group sessions and weekly outpatient counseling. They are also required to take periodic urinalysis tests. Those who successfully complete the program will not be charged with a DUI and their license will be reinstated.

 

The Substance Abuse & Mental Health Services Administration (SAMHSA) is a federal agency charged with improving the quality of substance abuse and prevention services. It has powerful scientific tools that can improve the way we treat mental illness and prevent it.

Revocation in the event of non-compliance

Whether you are an offender with a deferred sentence or a member of the law enforcement community, a revocation of a deferred sentence is never welcome. This is particularly true when the offender has committed a serious crime, i.e. a felony.

 

For this reason, the United States Attorney’s office has developed a comprehensive set of guidelines and procedures to ensure the success of deferred sentence programs. These policies have resulted in hundreds of millions of dollars in restitution paid by the defendant. In addition to the financials, the court has also instituted a number of procedural requirements that will make the offender’s life a little less stressful. Among the many responsibilities are the tagging of the offender’s belongings, the creation of a crime report, and the development of an action plan to deal with the offender’s nefarious activities. Similarly, the aforementioned rules require that the offender submit to regular contact with law enforcement personnel. These requirements are designed to encourage compliance, and to minimize the risk of a re-offender.

 

The best practice in this regard is to designate a deputy or undersheriff to oversee the process. These individuals are the right people to speak with, and will have the requisite clout to make sure that the process is run according to the law. They are also a better suited stewards of the public’s trust. The aforementioned stewards will also be able to offer counsel and assistance to the offender, i.e. a good sex offender treatment program is a well deserved consolation prize.

Cost

Defendants in Washington who are accused of driving under the influence of drugs and alcohol may qualify for Deferred Prosecution. A DUI charge can be avoided by a defendant who agrees to a two-year drug or alcohol program. Upon successful completion of the program, the charges are dismissed.

 

The costs of the program vary:

An initial consultation with an experienced DUI defense attorney will help you understand all of your legal options. It is important to carefully consider all of your options before making a decision. The process of entering Deferred Prosecution can be very expensive and time consuming.

 

It is also important to make sure that you have a valid driver’s license. You will have to complete a drug and alcohol evaluation to be accepted into the program. These evaluations can cost $75 to $200. The evaluations must be conducted at a Washington State certified agency.

 

A DUI trial can be expensive and time consuming. The Deferred Prosecution option can be a valuable way to avoid a conviction. However, it is not for everyone. If you are considering this option, you should have a conversation with an experienced DUI attorney to discuss the pros and cons of the program.

A DUI conviction can result in a fine of up to $5,000, as well as a mandatory minimum fine of $2,821. Defendants who have prior DUI convictions will face more severe penalties. The court will also enter a finding of guilt. The judge will impose the penalties of the DOL administrative action.

 

Having a DUI attorney on your side will give you the best chance at avoiding a DUI conviction. Contact an attorney in Lynnwood to review your case details and find out more about Deferred Prosecution.