Criminal Defense Skagit County Washington
Law Firm of David N Jolly | Criminal DUI Defense Skagit County

​​SKAGIT COUNTY CRIMINAL DEFENSE ATTORNEY

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DUI Defense Attorney, David N. Jolly

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A Skagit County Deferred Prosecution Must First be Approved by Probation


To be eligible for the deferred prosecution program in Skagit County the petitioner must obtain an alcohol evaluation approving them for the program, start the program, and have the Petition for Deferred Prosecution and related documents approved by Skagit County probation.  The probation department will review the provided documents to ensure the petitioner is eligible under the Washington State statute, RCW 10.05.


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.


A Skagit County deferred prosecution should not be entered into without understanding what the commitment is.  The program is demanding and unrelenting and should not be considered unless the petitioner is fully committed to sobriety and participation.  Remember, a Skagit County deferred prosecution is designed to treat those who are alcohol or drug dependent!  

(360) 336-8722

The Benefits of a Skagit County Deferred Prosecution


The Washington State deferred prosecution program permits an individual to address a drinking, drug or emotional condition and benefit from the complete dismissal of their case.  Additionally, and within the context of a Skagit County DUI or Physical Control charge, the participant can also save their driver's license and avoid a conviction.  The only exception to this rule is if the individual refused the breath test - in situations such as this the individual must request a DOL hearing and win the hearing on its merits.


The most significant rule to remember when considering the deferred prosecution program in Skagit County is that you must totally and completely abstain from alcohol or non-prescribed drugs.  The treatment center will randomly test for alcohol and drugs and so too many Skagit County probation.  The second most significant point is that the individual must not commit any new criminal law violations.  This also includes no driving without a valid license and insurance. Such a violation will revoke the deferred prosecution and result in a conviction of the original charge or charges.  The third most important important to remember about the deferred prosecution program is that the participant must attend all required treatment sessions, classes and Alcoholics Anonymous meetings during the initial two years.  Any failure to maintain compliance with treatment may result in the revocation of the deferred prosecution.

Skagit County Deferred Prosecution

Fantastic experience with David and his team. I thought life was over after I got my DUI and then received 2 more speeding tickets in the months that followed. David was able to get me awesome results, 2 of the 3 speeding tickets were thrown out, one of them was re-written as a non-insurance impacting ticket. My DUI was very well handed in the courts and the Department of licensing charges were dropped. Thanks!  

- Michael, Anacortes, WA

Law Firm of David N Jolly

415 Pine St, Mount Vernon, Washington 98273, United States

(360) 336-8722

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PHASE III:  The third and final phase of a Skagit County deferred prosecution has the petitioner attending one treatment session per month for the remainder of the two years, usually about 15 months.

3 Phases of Deferred

PHASE I:  The first phase is the toughest, three treatment sessions per week for approximately 3 months.

PHASE II:  The second phase of deferred prosecution in Skagit County consists of one treatment session per week for approximately 6 months.

Deferred Prosecution demands the petitioner abstain from all alcohol and non-prescribed drugs for 5 years. To confirm abstinence, random UAs will be conducted by the treatment center and Skagit County probation for the first 2 years.

No Drinking Allowed

  • Only one Deferred Prosecution will be permitted in a lifetime
  • The petitioner must alcohol or drug dependent
  • The petitioner must commit no new criminal law violations and not drive without a license and insurance during the 5 years of probation
  • An ignition interlock device must be installed on a vehicle for a period to be determined by the DOL
  • ​The Deferred Prosecution must be first approved by Skagit County Probation

Deferred Prosecution

The negative aspects of a Deferred Prosecution are equally clear, the program is demanding, time consuming, and potentially very expensive.

Deferred Prosecution -

Skagit County AA and NAs

In addition to treatment the Deferred Prosecution program demands attendance at two meetings of alcoholics anonymous or narcotics anonymous a week for two years.

The advantages of participating in and completing a Deferred Prosecution are clear, dismiss your DUI, no Jail and save your license.

Deferred Prosecution +