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One of the many options available when dealing with a DUI in Whatcom County is deferred prosecution. Whatcom County court will review a petition for deferred prosecution and if granted, will dismiss the pending DUI charge five years following acceptance. A deferred prosecution is a statutory creation and was intended to help people suffering from the disease of alcoholism or drug addiction. Those specific individuals who have committed a crime as a result of their addiction are permitted to participate in an alcohol or drug treatment program and benefit from both improved health and the dismissal of the criminal charges. Successful completing the Deferred Prosecution program will result in a complete dismissal of all charges. Deferred Prosecution in Whatcom County is available only for those who believe alcoholism, drug addiction, or a mental health problem caused the behavior leading to their DUI arrest in Bellingham.
RCW 10.05.010 Petition — Eligibility.
(1) In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial.
(2) A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW shall not be eligible for a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020 or *section 18 of this act. Such person shall not be eligible for a deferred prosecution program more than once; and cannot receive a deferred prosecution under both RCW 10.05.020 and *section 18 of this act. Separate offenses committed more than seven days apart may not be consolidated in a single program.
(3) A person charged with a misdemeanor or a gross misdemeanor under chapter 9A.42 RCW shall not be eligible for a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020. Such person shall not be eligible for a deferred prosecution program more than once.
by David N. Jolly
Whatcom County DUI Defense Lawyer
The deferred prosecution program in Washington State offers the participant, called the Petitioner, distinct advantages in their criminal case. Whatcom County, like any jurisdiction, has certain protocol that must be adhered to if the deferred prosecution is to be approved by the Court, whether it be Whatcom County District Court or Bellingham Municipal Court. To be eligible for a deferred prosecution in Whatcom County the following must be strictly adhered to:
Recently I had a DUI in Whatcom County. I called many Bellingham lawyers but decided that David Jolly was the best choice. He was very kind and compassionate but honest, which I liked. I was also impressed by his knowledge and the fact that he has written so many books. It was a difficult time but he got my DUI reduced and saved my license.
- Kevin, Bellingham, WA
Law Firm of David N. Jolly
218 W. Champion Street
Bellingham, WA, United States 98225
The last of the phases and more manageable. Treatment is once per month and lasts for the remainder of the two years, typically about 15 months.
The most difficult phase. Treatment is 3 times per week and last for about 3 months.
Treatment is once per week and the length of treatment is about 6 months.
The reason why the deferred prosecution program exists is to help people. If you believe you drink too much or have a drug addiction then the program may be for you. The very simple goal is to give people suffering the tools to survive and flourish. Take advantage but only if it is right for you!
The Deferred Prosecution is a huge commitment, can be very expensive, you are on supervised probation for two years, and you may only do it once in a lifetime.
Another condition of the Deferred program is the mandatory attendance of two AA sessions per week for the entire 2 years.
A Deferred Prosecution in Whatcom County will dismiss your DUI, keep you out of Jail and save your driver's license.