You may be eligible to petition the court to be placed on Deferred Prosecution. The Deferred Prosecution program is an alternative to conviction and punishment for those persons who have an alcohol, drug or mental problem and who will benefit from a treatment program. If you are accepted into and successfully complete the Deferred Prosecution, you will not be convicted of the offense with which you are currently charged although if you later commit similar offenses it will be considered. If you successfully complete the deferred prosecution you will not be required to serve jail time or pay fines. However, you will be required to pay probation fees and treatment costs. The Department of Licensing will suspend your driver’s license or your privilege to have a driver’s license. The Director of Licenses will place your license in a probationary status for seven years from the violation date. You will be required to successfully complete an intensive two-year treatment program for your alcohol, drug or mental problem and to arrange to pay the cost of such treatment. You will be on probation for 5 years.
The court will not grant a Petition for Deferred Prosecution to anyone who sincerely believes that s/he is innocent of the charge or who believes s/he does not have an alcohol, drug or mental problem.
If accepted on Deferred Prosecution, you will be required to stipulate (admit) to the facts contained in the police reports (including the results of any breath or blood alcohol test). Those reports will be used at trial to convict you of the offense charged if the court finds cause to remove you from the program.
If you are convicted of a similar offense you will be removed from the program and your case will be set for trial, at which time you may be found guilty based upon the stipulated police reports. Further, any violation of the conditions of the deferred prosecution may result in removal from the program and also result in a guilty finding based upon the stipulated reports. If you are found guilty you will be sentenced accordingly.