Legal Question in Criminal Law in Washington

violating deferred sentence

My brother plead guilty to a gross misdemeanor 6 months ago and is in the middle of fulfilling his community service to get it off of his record. However, he just received an MIP last week. Does that mean that the gross misdemeanor will now be perment on his record because he did not stay out of trouble for the alotted time?


Asked on 3/05/09, 4:49 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: violating deferred sentence

Yes, unless he can win the MIP. Also, if you are correct that it is a deferred sentence, and not some other of the myriad forms of dispositional continuance, the discretion is with the Judge. So, even with a conviction, it would be possible to convince the Judge not to revoke the deferred sentence. This usually requires exception effort on the part of your brother and his attorney. Contact me directly if you'd like further assistance.

At your service,

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Answered on 3/05/09, 5:12 pm


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