The Deferred Prosecution Program

If you have been charged with a misdemeanor or gross misdemeanor,  Washington law allows you to be placed on a "deferred prosecution", instead of pleading "guilty" or "not guilty".  If you successfully complete the deferred prosecution requirements, the charge will be dismissed.  In order to be eligible for a deferred prosecution:

• Your criminal conduct must be caused by alcoholism, drug addiction, or mental problems; you must need treatment; and there must be a great probability that the criminal conduct will be repeated if you don't receive treatment.

• You must get an evaluation that shows that:  (1) you do suffer from one of the above problems; (2) the problem is such that if not treated there's a great probability that similar misconduct will occur in the future, (3) extensive and long term treatment is required; (4) effective treatment for your problem is available; and (5) you are amenable to treatment.

• You must believe that you suffer from alcoholism, drug addiction, or mental problems.

• You must commit to a two-year treatment program. 

• You must not have been on deferred prosecution before.

• You must give up:  your right to testify; your right to a speedy trial; your right to call witnesses to testify; your right to present evidence in your defense; and your right to a jury trial.

• You must agree that, if you are removed from deferred prosecution, your trial will consist of the judge reading the police report and your statements in the deferred prosecution petition.