Understanding Deferred Prosecution

Understanding Deferred Prosecution

In the state of Washington, persons facing DUI charges have a strategic legal alternative known as deferred prosecution. This strategy works with an experienced DUI lawyers to keep the defendant’s record clear of the offense. The procedure is committing to complete a two-year alcohol, drug, or mental health program that emphasizes recovery and responsibility.

Deferred prosecution offers an advantageous path for individuals struggling with substance abuse disorders, enabling them to avoid future DUI and related criminal penalties. Those who acknowledge responsibility for their actions and proactively pursue treatment for alcoholism qualify.

Eligibility Requirements for Deferred Prosecution

To qualify for deferred prosecution, you must meet the following criteria:

  • This must be your first time participating in deferred prosecution for this violation (e.g., DUI or domestic violence).
  • The charges against you must be a misdemeanor or high misdemeanor, not a felony.
  • You must waive many of your fundamental criminal rights, including the right to a jury trial and the opportunity to summon witnesses.
  • You must demonstrate that you have a treatable condition (such as alcoholism or a mental health illness) and that you are likely to reoffend if treatment is not received (e.g., for a DUI or domestic abuse charge).

The Five-Year Journey

The deferred prosecution program unfolds over a five-year period. It commences with intensive outpatient group sessions, gradually transitioning to weekly and monthly sessions. Participants must also attend bi-weekly “self-help” meetings throughout the entire five-year span.

If you want a more comprehensive breakdown of what this may look like, more information is provided on the Clark County Court’s website: https://clark.wa.gov/district-court/deferred-prosecution

Successful Completion and Dismissal

Successful completion of the program results in the dismissal of the DUI charge, with no trace on the defendant’s criminal history. Countless individuals, including those battling long-term addiction, have successfully completed the program, experiencing positive transformations in their lives.

Projected Timeline

In the event that this is a Driving Under the Influence case, Probation Services will keep an eye on your case for three (3) years after treatment is over, reviewing your records to make sure no new infractions have happened. After completing three (3) years of clean record checks and 24 months of substance use treatment, Probation Services will notify the prosecutor that your Deferred Prosecution is over.

Please be aware that the timing may vary from case to case, and it is highly recommended to seek advice from an attorney for the most optimal outcome. Law Office of Erin Bradley McAleer would be happy to help guide you in your decision to peruse deferred prosecution and guide you through the process.

Consequences of non-completion

Failure to complete the deferred prosecution program or violating its terms may result in dismissal from the program, leading to DUI prosecution and the imposition of maximum criminal penalties.

Take control of your legal situation. Consult with an experienced attorney today to explore your options and secure the best possible outcome for your case. Your future deserves the attention of a dedicated professional. Act now and empower yourself with the guidance you need. Call Law Office of Erin Bradley McAleer at (360) 334-6277 to schedule a free consultation on criminal matters.

There Is a Warrant Out For My Arrest. What Do I Do?

Dealing with an Arrest Warrant in Washington

Dealing with an Arrest Warrant in Washington

On March 3, 2023, a warrant was issued for a Tacoma woman who was simply refusing treatment for tuberculosis. The woman was to be arrested and taken to a specially designated facility at the Pierce County Jail, where she would be tested, isolated, and treated for the illness. Dealing with an Arrest Warrant in Washington can be an unnerving and strenuous experience, however, it’s crucial to remain calm and take immediate action in similar situations as it will help protect your rights and ensure the best possible outcome. She made an incredibly important decision and hired an attorney who would attempt to defend against the warrant, likely increasing her odds of getting real help.

Having an outstanding warrant means that you can be placed under arrest by police at any moment in time. Discovering that there is a warrant out for your arrest can be an unnerving and strenuous experience, however, it’s crucial to remain calm and take immediate action in similar situations as it will help protect your rights and ensure the best possible outcome. Warrants will not go away on their own, so hiring an experienced attorney is an important step that you can take, as defending against an arrest warrant in the state of Washington requires a strategic approach and careful navigation of the legal system. The Law Office of Erin Bradley McAleer has a highly experienced and knowledgeable team of attorneys that will assist you in navigating this difficult circumstance. Our lawyers will help analyze your situation, assess the warrant’s validity, and guide you through the entire legal process, while ensuring that your rights and freedoms are protected.

What Are the Steps I Can Take while Dealing with an Arrest Warrant in Washington?

Gather Information: When you have a warrant out for your arrest, it’s essential to gather as much information as possible about the charges against you. Obtain a copy of the warrant to understand the specific allegations and any accompanying documents. Our office can usually locate and obtain this information for you. This information will enable your attorney to evaluate the case thoroughly and provide you with informed advice.

Know Your Rights: Knowing your constitutional rights such as the right to remain silent and the right to an attorney is crucial when dealing with a warrant for your arrest. Exercising these rights and refraining from speaking to law enforcement officials without legal counsel will only improve your case as everything you say will be used against you. Your attorney will help guide you through speaking to law enforcement officials and will be there to protect your rights.

Options: If you haven’t been arrested on the warrant yet, an attorney may be able to get the prosecutor to withdraw the warrant pending further investigation, schedule a court hearing to have it quashed which can avoid having to spend the night in jail and post bail. In more serious cases where an arrest is imminent, an attorney can arrange a surrender to the police at the jail where we can invoke your rights, and argue for release on a lower bail or no bail the next day based on your cooperation and willingness to not only turn yourself in, but to return to court to fight your charges.

Cooperate with Your Attorney: Your attorney will be your most valuable ally throughout the legal process. Cooperate fully with them and provide all necessary information regarding your case. Be honest and transparent about the circumstances surrounding the charges against you. Your attorney will review the warrant to determine if any legal issues exist that could potentially lead to its invalidation. For example, they might investigate whether there were any errors or omissions in the warrant application or if there were violations of your constitutional rights during its issuance which might lead to your warrant being quashed or invalidated. In cases of older warrants, the warrant may not be valid, or if expired, the statute of limitations may have run on the original charges.

Prepare for Court: As your case progresses, your attorney will work with you to prepare a solid defense. They will gather evidence, interview witnesses, and explore legal avenues to challenge the warrant issued against you. Take an active role in your defense, following your attorney’s guidance and providing them with all the information they need.

What Can We Do For You?

Finding out that a warrant has been issued for your arrest is a serious matter. By following the steps outlined in this blog post, you can navigate the situation effectively while protecting your rights and interests. Remember to consult with an experienced criminal defense attorney, gather information, and cooperate fully with legal counsel. The attorneys at the Law Office of Erin Bradley McAleer will help you understand if your warrant can be quashed, along with any additional information such as the bail process, and preparing for court. Taking proactive steps, such as hiring an attorney, can help you strive for the best possible outcome in your case.

Call the Law Office of Erin Bradley McAleer today at (360) 334-6277 if you have any questions or concerns and we will be happy to assist you in your legal needs.