DEFERRED PROSECUTION IN WHATCOM COUNTY

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:

1. The Petitioner has not previously entered into a Deferred Prosecution. Only one per lifetime is permitted;
2. The Petitioner has been declared alcohol or drug defendant by an alcohol treatment counselor;
3. The Alcohol treatment facility is Certified in the State of Washington;
4. The Petitioner believes he or she has an alcohol or drug problem;
5. The Petitioner does not believe he or she is innocent of the crime charged in Whatcom County.

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.

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.