What is a deferred prosecution?
By Diego Vargas | June 26, 2009Recently the Seattle Times reported the following:
“Burien City Manager Michael H. Martin was granted deferred prosecution Tuesday on a drunken driving charge and will undergo two years of alcohol treatment, have an ignition interlock device installed on his car and be under court supervision for five years.
“The charge against Martin will be dismissed if he undergoes the treatment and follows the other conditions during those five years, according to his agreement with King County prosecutors.”
The Seattle Times Story suggests that a deferred prosecution is an agreement between the prosecutor and the defendant. This is not correct. A deferred prosecution is essentially an agreement between the defendant and the court. The court can grant a deferred prosecution even if the prosecutor does not agree.
A deferred prosecution is available to any person accused of a misdemeanor or gross misdemeanor in a Washington State court of limited jurisdiction, i.e. Municipal or District Court, if they meet the criteria set forth in RCW 10.05. What are the criteria? Well, if you are an alcoholic, drug addict or suffer from a “mental health problem” and the crime you committed was a result of this condition and you are amenable to treatment then you can petition the court for a deferred prosecution. The terms and conditions of a deferred prosecution are outlined in RCW 10.05.
If you are accused of a Washington State DUI and you have questions do not hesitate to contact the Seattle DUI attorneys at Fox Bowman Duarte, L.L.P. for a free consultation.
