What Is a Stipulated Order of Continuance in Washington?

For many first-time defendants in Washington, facing a criminal charge can be frightening and overwhelming. The idea of having a permanent criminal record—or going to jail—can be life-altering. Fortunately, Washington law provides a lesser-known path to resolution for certain low-level offenses: a Stipulated Order of Continuance, or SOC.

A Second Chance Without a Conviction

A Stipulated Order of Continuance is essentially an agreement between the defendant, the prosecutor, and the court. Instead of immediately preceding to trial or entering a guilty plea, the defendant agrees to comply with specific conditions over a designated period—often six months to two years. If the defendant successfully meets those conditions, the charge is dismissed, and they avoid a conviction entirely.

In this way, an SOC can offer a second chance. It allows people who made a mistake—often just once—to prove their accountability and avoid long-term consequences that come with a criminal record.

What Are the Terms?

The terms of an SOC vary depending on the offense and the facts of the case. However, common conditions include:

  • Community service hours
  • Drug or alcohol treatment or evaluation
  • Mental health counseling
  • Payment of court costs or restitution
  • No new law violations during the SOC period

These terms are legally binding. If the defendant violates them, the agreement can be revoked—and the court can proceed directly to conviction, based on the original stipulation of facts.

When is an SOC an Option?

Stipulated Orders of Continuance are generally offered in non-violent misdemeanor cases or low-level felonies where the defendant has little or no prior criminal history. Charges like shoplifting, disorderly conduct, trespass, or simple drug possession are common scenarios where an SOC may be available.

The prosecution has discretion in offering this agreement, and the decision often depends on:

  • The nature of the charge
  • The defendant’s background
  • Whether a victim is involved and agrees to the resolution
  • The defendant’s willingness to accept responsibility and comply with terms

What Are the Risks?

While the benefits of an SOC are clear, it’s important to understand the risks. One key element is that the defendant must stipulate to the facts of the case—admitting that the State could prove guilt beyond a reasonable doubt. If the terms are violated, the court can enter a conviction without a trial.

Additionally, although the charge may be dismissed after successful completion, the original filing remains part of the public record unless the defendant later petitions to have it sealed or vacated. Legal guidance is often critical for navigating that next step.

Is an SOC Right for You?

A Stipulated Order of Continuance can be an ideal resolution for someone who made a mistake but wants to move forward without the burden of a criminal record. However, it is not a one-size-fits-all solution, and entering into such an agreement without understanding the consequences can be risky.

At the Law Office of Erin Bradley McAleer, we help clients understand their options, negotiate favorable terms, and ensure compliance throughout the SOC period. If you’ve been charged with a crime in Washington and want to know whether a Stipulated Order of Continuance is an option in your case, contact us today for a free consultation.