At the Law Office of Erin Bradley McAleer, we believe that everyone deserves an opportunity to rebuild their life. In Washington State, a Deferred Prosecution Agreement offers individuals facing criminal charges the chance to avoid conviction by committing to treatment and rehabilitation. Below, we explain how deferred prosecution works and how it can affect your future.

What Is Deferred Prosecution?

Deferred prosecution is an agreement between the defendant and the court that allows the case to be postponed while the individual completes a treatment program. This option is often available for offenses such as DUIs, domestic violence, or other non-violent crimes, where the defendant’s behavior is linked to substance abuse or mental health issues. Instead of going to trial, the defendant agrees to enter a program and meet specific conditions. If the program is successfully completed, the charges are dismissed. However, failure to meet the requirements can result in the case being reinstated, leading to further legal consequences.

Who Can Qualify for Deferred Prosecution?

Deferred prosecution is not available to everyone. It is typically reserved for individuals whose offenses are connected to alcohol or drug dependency or mental health conditions. Washington law requires that defendants demonstrate a willingness to seek treatment. This program is most commonly used in DUI cases, where offenders enroll in substance abuse treatment, commit to sobriety, and undergo regular monitoring for several years.

What Happens During the Deferred Prosecution Period?

If approved, the defendant must participate in a treatment program and follow court-ordered conditions for a period of two to five years. These conditions often include counseling, regular check-ins with probation officers, and avoiding new legal trouble. For DUI-related cases, the court may require the defendant to remain sober and submit to random drug or alcohol tests. Compliance is closely monitored, and any violation could cancel the agreement, reinstating the original charges.

Impact on Your Criminal Record

Deferred prosecution can have a significant impact on your criminal record. When you enter the program, you are not immediately convicted of the offense. If the program is successfully completed, the charges will be dismissed, meaning no conviction will appear on your record. However, the original charges and the deferred status will still be visible on public records. Deferred prosecution is only available once in a lifetime, so it’s crucial to decide carefully before pursuing this option.

Is Deferred Prosecution the Right Option?

It offers a valuable opportunity to avoid a conviction and get the help you need. However, the program requires serious commitment, including the financial burden of treatment and strict compliance with court conditions. For some, the benefits—such as protecting future employment opportunities and personal reputation—outweigh the challenges. For others, legal alternatives like plea bargains might be more suitable.

How We Can Help

At the Law Office of Erin Bradley McAleer, we understand that legal challenges can feel overwhelming. Our experienced legal team can evaluate your case, guide you through the deferred prosecution process, and provide ongoing support throughout the deferral period. If deferred prosecution isn’t the right fit, we will explore other options to minimize the impact on your life and future.

Contact Us Today

If you or someone you know is facing criminal charges, don’t wait. Call the Law Office of Erin Bradley McAleer at (360) 334-6277 to schedule a consultation. Together, we’ll explore your options and help you find the best path forward.

A second chance starts with the right legal guidance—let us help you move forward.