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Washington Petition for Deferred Prosecution of Criminal Mistreatment Charge (effective August 2, 2016)

State:
Washington
Control #:
WA-SKU-1710
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Petition for Deferred Prosecution of Criminal Mistreatment Charge (effective August 2, 2016)

The Washington Petition for Deferred Prosecution of Criminal Mistreatment Charge (effective August 2, 2016) is a legal petition that allows a defendant to have a criminal mistreatment charge dismissed without a conviction if certain conditions are met. This type of petition is available in Washington State and is designed to give defendants who have committed minor offenses a chance to avoid a criminal record. The conditions of a deferred prosecution agreement may include: successful completion of a probation period, community service, or treatment program; payment of restitution; and/or completion of a mentoring program. There are two types of Washington Petition for Deferred Prosecution of Criminal Mistreatment Charge (effective August 2, 2016): 1) the voluntary petition for deferred prosecution, and 2) the court-ordered petition for deferred prosecution. The voluntary petition for deferred prosecution is filed by the defendant with the court, and the court-ordered petition for deferred prosecution is initiated by the prosecutor. Both types of petitions require the defendant to agree to the terms of the agreement, and the court must approve the agreement before it can be enforced.

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FAQ

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.

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.

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.

These requirements include: Total abstinence from alcohol and all other non-prescribed, mind-altering drugs. Attendance at a minimum of 2 self help recovery support group meetings per week.Completion of a three phase treatment 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.

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.

More info

Court Forms: Deferred Prosecution ; WPF CrRLJ 04. 1100, Petition for Deferred Prosecution ; CrRLJ 4.2(i) Petition for Criminal Mistreatment Charge. The petitioner shall pay the following legal financial obligation: 1) Restitution: ;. (F) Effective date . A new MN Statute offers a veterans criminal defense strategy which includes deferred prosecution, discharge and dismissal. In re K.M.T. (August 23, 2016). 35 amended effective January 1, 2016; adopted effective January 1, 2007. ALERT: Deferred Action for Childhood Arrivals Final Rule Effective Oct. You may request DACA for the first time or renew your existing period of DACA if it is expiring.

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Washington Petition for Deferred Prosecution of Criminal Mistreatment Charge (effective August 2, 2016)