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Order For Deferred Prosecution - Washington
| Order For Deferred Prosecution Form. This is a Washington form and can be used in Criminal District Court Clark Local County . |
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DISTRICT COURT OF CLARK COUNTY IN AND FOR THE STATE OF WASHINGTON State of Washington City of Vancouver City of Camas City of Washougal Plaintiff, vs. _________________________________ Defendant. ) ) ) ) ) ) ) ) ) NO.__________________________ ORDER FOR DEFERRED PROSECUTION THIS MATTER having come on regularly for hearing this date the Defendant's Petition for Deferred Prosecution, the Plaintiff appearing by and through its attorney, ______________________, and the Defendant appearing in person and by and through his/her attorney, ______________________, and it appearing to the Court that the Defendant has filed a proper Petition for Deferred Prosecution of pending charges and that the Defendant was evaluated by ____________________________________, an approved treatment facility; that such treatment facility has filed its report complete with a case history diagnosing the Defendant as an alcoholic or chemical dependent and has set out its findings and recommended treatment plan; and that the Defendant has examined the report, the treatment plan, and conditions of a deferred prosecution and has indicated his/her acceptance and agreement to undertake and to pay the costs of the prescribed treatment; and the court now being fully advised herein, it is hereby American LegalNet, Inc. www.USCourtForms.com Case No. _________________ ORDERED: 1. That the treatment plan filed with the Court is hereby approved and the prosecution of the Defendant in this matter is hereby deferred for a two year period from this date; 2. That a copy of the treatment plan outlined in such report is attached to this Order and incorporated herein, and the Defendant's file shall be removed from the regular court docket and filed in the Court's Special Deferred Prosecution file; 3. That a copy of the police report upon which the charge(s) in this matter are based is attached to this order, and shall be used pursuant to the conditions outlined in Defendant's Petition for Deferred Prosecution; 4. That an abstract of the Defendant's acceptance for deferred prosecution shall be sent to the Department of Licensing; 5. That the Defendant shall: a. Undertake and carry out treatment as prescribed in the attached treatment plan commencing on _______________________ 20_________; b. Maintain total abstinence from alcohol and all other non-prescribed mind-altering drugs; c. Notify the Court and Clark County Corrections within ten (10) days of any change in his/her mailing address and maintain a current address for the duration of the deferred prosecution; d. Not operate a motor vehicle upon a public highway without proof of liability insurance and a valid operator's license; e. Pay restitution to ___________________________________________, in the amount of $_________________ (or to be determined by Corrections) for damages arising out of this incident; f. Pay the Breath Test Program fee of $ ________________ and pay Emergency Response Restitution in the sum of $______________________; g. Pay a supervision fee of $__________ to Clark County Corrections during the period of the referral; h. Attend and complete the Victim's Panel; i. Other conditions: ____________________________________________ 6. Specific findings have been made that: American LegalNet, Inc. www.USCourtForms.com a. The Petitioner has stipulated to the admissibility and sufficiency of the facts as contained in the written police report, including the results of any breath or blood tests; b. The Petitioner has acknowledged the admissibility and sufficiency of the stipulated facts in any criminal hearing or trial on the underlying offense or offenses held subsequent to revocation of the order granting deferred prosecution; and c. Petitioner has acknowledged and waived the right to testify, the right to a speedy trial, the right to call witnesses in his/her own behalf, the right to present evidence in his/her defense, and the right to a jury trial; and d. The Petitioner's statements were made knowingly and voluntarily. 7. If the Defendant fails or neglects to carry out or violates any term or condition of: (1) this order, or (2) the treatment plan, or (3) violates any rules of such treatment plan resulting in expulsion, the Court shall upon notice of the failure, neglect, or violation, hold a hearing to determine why the Defendant shall not be removed from the Deferred Prosecution Program. 8. In the event the Court revokes this deferred status or receives notice that the Defendant has been subsequently convicted of a similar offense, the Court shall remove the Defendant's file from the deferred prosecution docket and shall enter judgment pursuant to RCW 10.05.020. However, Petitioner may be allowed to seek suspension of all or some of the fines or incarceration conditioned upon further treatment. 9. _____________________________________________________________ DONE IN OPEN COURT this ______ day of ______________ 20______. _________________________________________________ JUDGE OF THE DISTRICT COURT ________________________________________, Attorney for Defendant Approved as to form and content and consent to entry granted this __________ day of ________________ 20________: __________________________________________ of Attorneys for Plaintiff. WSB American LegalNet, Inc. www.USCourtForms.com
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