What is Deferred Prosecution

If you’ve been charged with a DUI or certain other misdemeanors in Washington State, you might be feeling overwhelmed, afraid of jail time, and desperate to keep a criminal record off your name. One option you may have heard about is something called a ‘Deferred Prosecution.’ But what does that actually mean—and is it the right choice for you?

This article breaks down how deferred prosecution works in Washington, who qualifies, what the process involves, and the pros and cons of pursuing it as part of your legal defense.

What Is Deferred Prosecution?

Deferred prosecution is a legal program that allows eligible defendants—typically in DUI or domestic violence cases—to avoid a criminal conviction by agreeing to complete a rigorous treatment and monitoring program.

Under RCW 10.05, Washington law permits certain individuals to petition for deferred prosecution **once in a lifetime** if their unlawful conduct was the result of alcohol dependency, drug addiction, or mental health issues.

How It Works

If the court grants your deferred prosecution petition, you are not found guilty or sentenced immediately. Instead, you agree to:

– Complete a 2-year treatment program (e.g., for substance abuse or mental health)
– Abstain from drugs and alcohol for the duration
– Attend regular court check-ins and comply with probation conditions
– Pay for treatment and court supervision costs

If you successfully complete all terms over a 5-year supervision period, the case is dismissed and no conviction appears on your record.

Who Qualifies?

To be eligible for deferred prosecution in Washington State, you must:

– Be diagnosed with a qualifying condition (such as alcohol dependency or mental health disorder)
– Not have used a deferred prosecution before (you only get one)
– Be willing and able to complete a strict treatment program
– Voluntarily agree to waive certain trial rights and accept conditions of the program

An experienced attorney can help evaluate your eligibility and whether the court is likely to accept your petition.

Benefits of Deferred Prosecution

– **Avoids a criminal conviction** if completed successfully
– **No jail time** in most cases
– **Protects your record**, helping with jobs, housing, and background checks
– **Provides structured help** for addiction or mental health challenges

Risks and Drawbacks

– **Strict compliance required**—missing appointments or relapsing can result in revocation
– **You must admit to facts of the case**, which can be used against you if you fail the program
– **Costly**—treatment and probation supervision aren’t free
– **No second chances**—if revoked, you’re sentenced immediately without trial

Is Deferred Prosecution Right for You?

This program can be a lifesaver for individuals struggling with substance use or mental health issues who are motivated to change. But it’s not a shortcut or an easy way out—it’s a serious, long-term commitment with real consequences.

If your case is weak, or if your legal rights were violated during your arrest, you may be better off fighting the charge. On the other hand, if you need treatment and want to avoid a lifelong criminal record, deferred prosecution might be your best path forward.

Talk to an Attorney First

The decision to pursue deferred prosecution should only be made with the advice of a knowledgeable criminal defense attorney. At the Law Office of Erin Bradley McAleer, we’ve helped hundreds of clients evaluate this option and guide them through the process from start to finish.

If you’ve been charged with DUI or another misdemeanor in Washington State, call us today at (360) 334-6277 or visit us to schedule a free consultation.