Stipulation For And Order For Stay Of Proceedings

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. [ ] State of Washington, [ ] City of Ellensburg, LOWER KITTITAS COUNTY DISTRICT COURT STATE OF WASHINGTON ) ) Plaintiff, ) ) vs. ) ) _________________________________, ) Defendant. ) ___________________________________ ) No.______________________________ Stipulation for and Order for Stay of Proceedings Charge(s) ___________________________________ ___________________________________________ ____________________________[ ] Deputy Prosecuting Attorney [ ] Attorney for the City of Ellensburg and ____________________________, defendant, represented by ____________________________, stipulate and agree to a stay of proceedings in this matter for a period of _______months, on the following terms and conditions: 1. The defendant shall maintain good and lawful behavior during the term of the stay: the defendant shall have no criminal convictions for offenses committed after the date of this order, no charges during the term of the stay which lead to criminal convictions, no criminal charges which lead to a stay of proceedings, stipulated order of continuance or similar disposition, and no criminal charges which lead to a deferred prosecution. In addition: [ ] The defendant shall complete ______ hours of approved community service and provide written proof of completion to Kittitas County Probation Services within ______ days of entry of this stipulation. [ ] The defendant shall complete ______ days of Department of Corrections work crew and provide written proof of completion to Kittitas County Probation Services within ______ days of entry of this stipulation. [ ] The defendant shall attend a DUI victim's panel and provide proof of completion to Kittitas County Probation Services within ______ days of entry of this stipulation. [ ] The defendant shall obtain the following evaluation(s) and provide proof of such evaluation(s) to Probation Services within 30 day of entry of this stipulation: [ ] Alcohol/Drug [ ] Domestic Violence [ ] Anger Management [ ] Other: _______________________________________________________________ In the event the evaluating agency recommends that the defendant obtain treatment or other services, the defendant shall fully comply with the agency's recommendations and start any recommended classes or treatment within 45 days of entry of this stipulation. If alcohol/drug information school (ADIS) is recommended, defendant shall provide proof to probation within 90 days of entry of this stipulation that the defendant has completed ADIS. In the event that extended treatment is recommended, the defendant shall direct the treating agency to provide compliance reports to Probation Services on a monthly basis. [ ] Other: _________________________________________________________________________ Probation Services shall monitor the defendant's compliance with the conditions of this order. Probation Services shall: [ ] Complete record checks. [ ] Actively monitor the defendant. [ ] The defendant shall immediately report to Probation Services and continue to report as directed. 3. The defendant shall pay the following legal financial obligations (LFO's): [ ] Record check fee of $180/six months [ ] Active monitoring fees of $60 month [ ] Court appointed attorney fees of $_____________ [X] Court costs: $150 [ ] Restitution in the amount of $________________ [ ] Warrant fees $_____________ If the defendant has had warrants issue in this case and/or a court appointed attorney, the defendant agrees that they will pay warrant fees and/or a court appointed attorney reimbursement fee as set by the court at the time of entry of the stay of proceedings. (Time payments are authorized. See page 2 for payment options) American LegalNet, Inc. www.FormsWorkFlow.com 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 8. 7. 6. 5. 4. Payment is due and payable in full within 60 days or the defendant must enter into a time payment agreement within 60 days. A time payment agreement will result in some additional fees. If defendant fails to timely comply with the time payment agreement (or does not enter into a time payment agreement and fails to pay in full within 60 days) the delinquent amount due may be turned over for collection. If it is turned over for collection, additional fees, costs, and interest may be added. It is a condition of this agreement that defendant pay in full all LFO's and any applicable additional fees, cost, and interest prior to end of the period of the stay. The defendant hereby waives his/her right to a trial within 90 days of arraignment, and agrees to a trial date of no later than 90 days from the end of the stay of proceedings. In the event that the defendant is charged with a crime during the term of the stay of proceedings, but which is not resolved until after the end of the term of the stay, the defendant agrees to a trial date no later than 90 days after final resolution of the subsequently charged criminal offense. If the defendant complies with all of the above listed conditions, the prosecuting authority agrees to: [ ] Move the court for a dismissal of the charge(s) of: ______________________________________________ filed under the above cause number. [ ] Move the court to amend the charge of ___________________to the charge of________________________ to which the defendant shall: [ ] Plead guilty [ ] Pay a penalty of $_______. [ ] Other:_______________ [ ] In the event the defendant pleads guilty the parties agree to the following sentencing recommendation: [ ] Prosecutor's reccomendantion:__________________________________________________________ ______________________________________________________________________________________ [ ] Defense recommendation: _____________________________________________________________ _____________________________________________________________________________________ In the event the court finds, after a hearing, that the defendant has failed to comply with any of the above listed conditions, the court shall, upon the request of the prosecuting authority, revoke the stay of proceedings and set a trial date. As a condition of entering this stay of proceedings, the defendant agrees to waive the following rights: A. The right to a jury trial B. The right to a trial within 90 days of arraignment. C. The right at trial to hear and question witnesses called by the prosecuting authority. D. The right to testify at trial and call defense witnesses. In the e