I am on a Deferred Prosecution, and I got a new criminal charge. Will my Deferred get revoked?

The court that entered the deferred prosecution will likely hold a hearing to determine whether the Deferred should be revoked. Revocation depends on a few factors. If the new charge is a conviction of a “similar offense” like another DUI (or perhaps a Negligent Driving in the First Degree), revocation is mandatory, and the Judge is required to enter a finding of “guilty” and move to sentencing.
For other charges, revocation is discretionary, but fairly likely without good legal representation.  If the new charge can be reduced or dismissed (or beaten at trial), a knowledgeable attorney may be able to save the Deferred and prevent a conviction and sentence.  Doing so is possible, even if the new charges involve driving with a suspened license or without an ignition interlock device. If a conviction has already occurred, the attorney will have less options, but may be able to still prevent revocation.  Of significant importance is how you are doing in your treatment program, if there have been any lapses, and whether other terms of the deferred prosecution are being followed.

Whatever your situation, it is highly important to contact an attorney knowledgeable in this area immediately. The sooner an attorney is aware of your situation, the more time he or she has to protect you.  The Deferred Prosecution is of great benefit, and most people who are on a Deferred are looking at significant jail time if it is revoked, often 30-45 days at a minimum, depending on prior history. Many judges in Snohomish County, including the District Courts and Municipal Courts, take revocation very seriously and do not hesitate to impose more than the mandatory minimum upon revocation and conviction.

If you are on Deferred Prosecution and are at risk for having it revoked, call Ashbach Law Offices, LLC at (360) 659-4950 today for a free consultation. We have successfully represented many clients in preventing Deferred revocation.

Back to Frequently Asked Questions