Legal Question in Criminal Law in Washington
deferred prosecution
I have a question about the deferred prosecution program in Washington state. What would be a typical course of completion for someone with no prior convictions who is charged with third degree theft? In other words, what is commonly required of a person in order to complete the program (community service, counceling, etc.)?
1 Answer from Attorneys
Re: deferred prosecution
A deferred prosecution under RCW 10.05 is an alternative to a plea or trial. Eligibilty is based upon a finding of chemical dependency or mental illness. Upon successful completion of recommended treatment or counseling and after the expiration of 5 years (with no new convictions), the underlying charge is dismissed.
A deferred prosecution is typically sought in DUI or domestic violence cases. For theft charges, there are less burdensome alternatives, e.g. Compromise of Misdemeanor, RCW 10.22, or a diversion program (sometimes call a "continuance for dismissal" or "stay of proceedings"). Generally, a diversion program postpones the case for up to one year and may have a requirement of a theft prevention program or community service hours.
Consult an attorney or contact me before you agree to a deferred prosecution.
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