This morning I was in District Court petitioning the court for a deferred prosecution (DP) on behalf of a client. Assuming the attorney, in this case me, has properly completed the required documents, the client has been approved by a State certified treatment agency for the DP Program, the client had never done a DP before, and the attorney has prepared the DP in accordance with the local court rules, the presentation of a Petition for Deferred Prosecution is usually relatively straight forward. However, this morning the Prosecuting Attorney decided to object to the DP based on the fact that this particular client had previously done treatment and "it clearly had not worked." Of course, this argument is silly. To properly object/appeal the prosecutor must base the appeal on RCW 10.05.160. It is really that simple. Here it is:
RCW 10.05.160
Appeal of deferred prosecution order. (Effective January 1, 2011.)
The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(3) Failure of the court to comply with the requirements of RCW 10.05.100;
(4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(5) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Whatcom Island County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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