Kendrick and Malane

4109 Tieton Drive | Yakima, Washington 98908 | Phone: (509) 966-4255 | Fax: (509) 966-2288

Deferred Prosecution

A deferred prosecution is, essentially, a recognition by the legislature that a person who commits an offense such as a DUI because he or she suffers from alcoholism, drug dependency or mental illness should be treated medically, rather than criminally. In order to qualify for a deferred prosecution a person must get an evaluation and be diagnosed as alcoholic, drug dependent or suffering from a mental illness. In cases involving alcoholism the person has to agree to complete an intensive two-year alcohol program and is not allowed to consume or possess alcohol or illegal drugs during that time.

The benefits, though, are tremendous. First, the person receives needed help and treatment. Second, if the person successfully completes the program, the criminal charges are dismissed at the end of five years. The person does not plead guilty, nor is he ever found guilty. He does not do any jail time, he does not pay a fine, he does not lose his license (although in almost all cases he will lose a CDL), and usually he will not have to pay for high risk insurance (SR22).

However, a deferred prosecution should not be thought of as the easy way out. It is a stringent program that requires a real desire and effort on the part of all participants. It is also important to consider that a person is allowed only one such deferred prosecution in a lifetime in the state of Washington. Therefore, we rarely recommend it for a first offense DUI.

If you would like more information concerning the requirements of a deferred prosecution and whether you might qualify, you are welcome to contact the law offices of Kendrick and Malane. Kip Kendrick has over thirty years experience in successfully defending thousands of DUIs and other serious traffic offenses. Emergency calls and initial consultations are free. Our fees for representing clients in their cases are reasonable; and we will usually work out payment plans with clients. Feel free to call Kendrick and Malane at 1-509-966-4255 or 1-800-354-2410.

Deferred Prosecution Details

Important: For traffic-related charges a person can do only one Deferred Prosecution in a lifetime.