In some circumstances, a person charged with a Washington misdemeanor or gross misdemeanor may petition for deferred prosecution. Deferred prosecution can be an alternative to punishment for individuals who would benefit from treatment. The individual generally must cooperate with and complete the treatment program. A Washington appeals court recently considered whether a trial court could “extend” a deferred prosecution order.
The defendant was charged with driving under the influence (“DUI”) in December 2013. She petitioned for a deferred prosecution and the court accepted the petition and approved the treatment plan for her alcohol use disorder.
Multiple probation officers notified the court the defendant violated the conditions of the order between 2015 and 2021.