Washington > Local County > Chelan > District Court
Order Deferring Prosecution - Washington
| Order Deferring Prosecution Form. This is a Washington form and can be used in District Court Chelan Local County . |
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IN THE DISTRICT COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF CHELAN STATE OF WASHINGTON, Plaintiff, vs. ________________________, Defendant. ) ) ) ) ) ) ) ) ) NO. ORDER DEFERRING PROSECUTION THIS MATTER having come on for hearing this date and the Court finding; that an assessment prepared pursuant to RCW Chapter 10.05 recommends treatment of the Defendant for alcoholism and proposes a treatment plan; that the Defendant has agreed to comply with the terms and conditions of the treatment plan; that the findings of the referral agency are correct and are now accepted as court findings, that the Petitioner has stipulated to the admissibility and sufficiency of the facts contained in the written police report concerning this case; that the Petitioner has acknowledged the admissibility of the stipulated facts if any criminal hearing or trial is held subsequent to the revocation of the order granting deferred prosecution; and that the Petitioner's statements, stipulation and acknowledgment were made knowingly and voluntarily. NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The Defendant is accepted for deferred prosecution, provided and on condition that: Petitioner is ordered not to operate a motor vehicle upon the public highways without a valid operator's permit, or without proof filed with the Department of Licenses of motor vehicle liability insurance pursuant to RCW Chapter 46.29 in an amount not less than that established by RCW 46.29.490. 2. The recommended treatment plan is accepted and the Defendant is ordered to comply with all of its terms and conditions. 3. A copy of the treatment plan shall be filed with the Court. ORDER DEFERRING PROSECUTION Amended effective 9/1/2011 1 American LegalNet, Inc. www.FormsWorkFlow.com 4. Reports as required by said RCW Chapter 10.05 shall be made by the treatment facility in accordance therewith. In addition, Chelan County District Court Probation will require monthly treatment reports for the duration of the two year treatment program. 5. Defendant is ordered to keep the Court Clerk, as well as District Court Probation, advised in writing of all changes in address. 6. Defendant shall not consume or possess alcoholic beverages, non-prescribed drugs or drug paraphernalia nor frequent places where alcohol is served as a primary source of revenue. 7. Defendant will be under deferred prosecution supervision with the Chelan County District Court Probation Office and shall pay all assigned costs of supervision through the Probation Department. 8. 9. The Defendant will pay court costs of $250.00. In accordance with RCW 46.61.515, payment is required for the "blood and breath The total court assessments are thus alcohol content testing" in the amount of $125.00. $325.00, but this does not include probation supervision fees or public defender reimbursement fees. 10. 11. Defendant will attend a victim impact panel within 60 days of entry of this order. Defendant will not refuse to submit to a breath or blood test for alcohol or drug content upon request by law enforcement, the probation department, alcohol counselor, or by court order. 12. Defendant will have no similar law violations or alcohol or drug related offenses during the period of deferral, and will comply with all terms and conditions of this ORDER DEFERRING PROSECUTION as a condition of remaining on the deferred prosecution program. ORDER DEFERRING PROSECUTION Amended effective 9/1/2011 2 American LegalNet, Inc. www.FormsWorkFlow.com 13. Defendant shall for ______ years have Ignition Interlock installed in any motor vehicle that he/she is operating. Written verification of installation is to be submitted to the District Court Probation office within 30 days of entry of the order deferring prosecution. 14. Other: ____________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DONE IN OPEN COURT this ________ day of ________________________, 20_____. _________________________________________ JUDGE Presented by: ______________________________ Deputy Prosecuting Attorney Copy received, approved as to form, notice of presentment waived: Copy Received: __________________________________ Attorney for Defendant, WSBA #________ __________________________ Defendant ORDER DEFERRING PROSECUTION Amended effective 9/1/2011 3 American LegalNet, Inc. www.FormsWorkFlow.com
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