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wallstreetesq
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17223
Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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I am in a deferred prosecution program in State for my first

Customer Question

I am in a deferred prosecution program in Washington State for my first charged DUI and resisting arrest and
obstruction of justice, misdemeanors. I have this through Olympia municipal court in Olympia, WA. I have
new charges of felonyC attempt to elude police, obstruction, and resisting arrest in Tacoma, WA in
Pierce Co. Superior Court. Can the new charges be
reduced to a misdemeanor or some misdemeanors then
put into a deferred sentence so that they are
going to not cause revocation of my deferred program
in Olympia?
Can those new charges be reduced and put into a new
non title 46 deferred prosecution thus keeping my
original deferred prosecution? Can they be dismissed?
Has this been done? Is it likely if nothing else is
wrong in my case? I have anxiety disorder, and will
start counseling for that which mitigates the
charges.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 7 years ago.
I do not believe so, as these are two different charges, and the new one is a felony charge, which may be brought down to a misdemeanor, but I do see enhanced penalties for you because of the new charge. Unless they were all related to the DUI incident, I cannot see why the COURT would lower the second.
Customer: replied 7 years ago.

One more thing to ask: the deferred prosecution is automatically

revoked if alcohol related, but not if non-alcohol related.

I heard that if the new charges are dismissed or put on a

deferred prosecution, they may not count toward

revocation of the deferred prosecution in Olympia municipal

court.

I heard a deferred sentence works for this too, even though

there is a conviction which gets dismissed. This is all

after the felony gets reduced. Can the deferred sentence

or prosecution apply to a reduced felony, say a misdemeanor?

Expert:  wallstreetesq replied 7 years ago.
usually a deffered prosecution is revoked for any new arrest, however, it could be still valid if the DA agrees not to revoke it, a good lawyer is needed to represent you on this matter.
Customer: replied 7 years ago.

I'm sorry. The answers are good. One more thing, the new

charges are not alcohol related.

Any changes or things to add to your answer?

Customer: replied 7 years ago.

The new charges are not alcohol related. I would be in a mental health

program for anxiety disorder.

Would that be likely to reduce the felony charge allowing deferred

sentence or a second deferred prosecution with non title 46 and

would that be enough to keep the original DUI deferred from

revocation?

Expert:  wallstreetesq replied 7 years ago.
it is possible
Customer: replied 7 years ago.

One last thing:

Since you say it is possible, has it happened?

If so, it has happened, would that make it likely or more likely to

happen in my case?

Thank you.

Customer: replied 7 years ago.

I am almost satisfied, but there is one last thing:

Since you say it is possible, has it happened?

If so, it has happened, would that make it likely or more likely to

happen in my case?

Also was it just the deferred sentence or not the deferred sentence which

works,

Also was it just the deferred prosecution or not which works, some people

don't do this one. (The second deferred prosecution).

Customer: replied 7 years ago.

I am almost satisfied, for the most part satisfied with the answers.

This is most important: Has this outcome happened and if so is it

more likely to then happen for me in my case?

Is it more than the prosecutor saying OK , is there a basis for it?

Is the basis only for the deferred sentence, or the second

deferred prosecution non 46 RCW, or both?

Thank you.

Customer: replied 7 years ago.

I am almost satisfied, satisfied for the most part with the answers.

Most important: has this happened? If so, is it then more likely to

happen in my case?

Is there a basis for it other than the prosecutor saying OK? A

legal or precedent basis?

Also, are those results for the deferred sentence option or the non

46 deferred prosecution or both? Some attorneys only do the deferred

sentence.

Thank you very much.

Customer: replied 7 years ago.

Sorry I'm having trouble with the process.

Most important: has this result happened? Will that make

it more likely to happen in my case?

Is there a legal reason for it other than the prosecutor

OKing it? A precedent, or similar?

Is this just for the deferred sentence option or the

deferred prosecution option (second one) or both?

(Has it happened?)

Thanks. That should be it.

Customer: replied 7 years ago.

Sorry, can you read the question I asked earlier? I asked it

a few times because if I don't get an answer it goes back to

this screen.

It says: possible. Is there a basis for it in my case, has it

happened? IF it has, does this make it more likely to

happen in my case, and is it only for a deferred sentence,

or the deferred prosecution (second) or both?

Is the basis more than just prosecutor opinion?

Thank you.

Customer: replied 7 years ago.

I asked this before,

Has this possibilty happened before? Is there a

basis for it other than the prosecutor just OKing

it, and if it has happened, does it make it more

likely to happen for my case, and if so just on

the deferred sentence or on the deferred

prosecution (second one) or both?

Is this something a good attorney can achieve then?

I sent this a few times without a reply. I ask because

some attorneys don't do the second deferred,

apparently one or two do.

Expert:  wallstreetesq replied 7 years ago.
it will be hard, a felony is serious, and unless your medical condition is proven it will be tough for anyt attorney.
Customer: replied 7 years ago.

Can this outcome happen pretrial? Has it?

To get the deferred sentence you have to have the

felony reduced.

Does it have to be a trial for the medical

condition to be proven?

I agree it needs an attorney. Thanks for your great answers!

Expert:  wallstreetesq replied 7 years ago.
it could happen pretrial, the felonny would be reduced, and the medical condition needs to be proven prior to the acceptance of any deal.
wallstreetesq and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Has this outcome happened? See above.
Customer: replied 7 years ago.

Another question:

Has this outcome happened? With the deferred sentence?

With the second deferred prosecution? Or not? Both or

which one?

Customer: replied 7 years ago.

will this outcome work in Pierce county?

Deferred (second) program or deferred sentence or

both?

Expert:  wallstreetesq replied 7 years ago.
it is possible, but a good lawyer is needed to negotiate.
Customer: replied 7 years ago.

Will this outcome work in Pierce County for the place where

the deferred sentence or deferred prosecution is obtained, for

the non-alcohol charges,

as well as for keeping the original alcohol only deferred

prosecution in Olympia Municipal Court?

Have they allowed a deferred sentence to work in Olympia

Municipal court to keep a deferred prosecution for alcohol

from revocation?

Thank you.

Customer: replied 7 years ago.

Will this work in Pierce County, Washington State,

as the place where the felony and misdemeanors

would be reduced to a deferred sentence and would

this work for a deferred sentence outcome or a

deferred prosecution outcome or both?

Will that above work to keep a deferred prosecution in

Olympia Municipal Court in Olympia, WA? The deferred

sentence? Or both that and a deferred prosecution?

Thanks.

Customer: replied 7 years ago.

Would the deferred prosecution work in Pierce County, WA

and /or the deferred sentence?

Would those work in Olympia Municipal court, Olympia, WA?

Both deferred sentence and deferred prosecution? And, has

it happened?

Most important to me, have they done that with a deferred

sentence in Olympia Municipal Court, Olympia, WA?

Thank you.

Customer: replied 7 years ago.

Would the deferred prosecution work in Pierce County

along with the deferred sentence and has it been done

on both or either?

Would those work on the deferred prosecution in

Olympia Municipal Court (Olympia, WA) to keep it

from revocation and most important: has this

been done in that court?

Thank you.

Customer: replied 7 years ago.

If you can see the question prior to this, that is my question.

Thank you.