Is a Deferred Prosecution recorded as a conviction?

THE DUISEATTLE.COM BLOG : Is a Deferred Prosecution recorded as a conviction? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI Where can I do my DUI Jail time?What's the maximum jail sentence on a Washington State DUI?Is a Deferred Prosecution recorded as a conviction?What are common DUI reductions in Washington State?How long will my DUI case last?Will I be required to appear at the 5-year hearing on a deferred prosecution? Will a Fourth DUI be a felony in Washington State?How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public? Search OFFICEContact Information
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January 2015 Sun Mon Tue Wed Thu Fri Sat         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 27 28 29 30 31 AboutDISCLAIMERPLEASE NOTE:This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The linked sites are not under the control of the Law Office of W. James Kotlowski PLLC and the Office is not responsible for the contents of any linked site. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. W. James Kotlowski is licensed to practice law in the State of Washington only.ArchivesJanuary 2015December 2014November 2014October 2014September 2014August 2014July 2014June 2014May 2014April 2014More...

Categories20 day hearing notice2012 Boating opening day2013 Boating Under the Influence2nd deferred prosecution60 days ABOUT THE AUTHORAlcohol ReportAlcohol/Drug EvaluationalcoholismArraignmentAttorney FeesBAC LimitBailBail Bond CompanyBail HearingBoating chargesBoating under the influencebreath test machineBreath Test RecordsBUICanadaChanges to the Law Choosing an AttorneyCommunity Serviceconditions of releaseCost of DUICourt CostsCourt ProcessCourt Recordscoverage areaCriminal History (DCH)Current AffairsCustodydeferred prosecutiondeferred sentenceDifferences in JurisdictionDifferent JurisdictionsDOL administrative hearingDOL HearingDOL IssuesDOL SubpoenasDraegerDrivers LicenseDriving TestDUI arrestDUI arrest DUI arrest videoDUI BailDUI BlogsDUI Deferred ProsecutionDUI filingDUI JailDUI newsDUI Payment PlansDUI preventive measuresDUI ProbationDUI Probation violationsDWLS/3EHDEHMEmergency Vehicles Employer ExemptionevidenceExpert Expunge DUIFelony DUIfinesGamesHelpful TipsHiring an attorneyHit & RunIgnition Interlock LicenseIIDIILImmigration ConsequencesIMPOUNDImpound LawInterstate drivers license compactinvestigationJailjurisdictionJurorsJury Trialmental health deferredMissed DOL Hearing NVOLOccupational LicenseOfficeOne a lifetimeonline case evaluationPayment PlansPBTPDRPlea BargainPractical TipsPre-arrestpre-trial hearingsPrescription Drugsprobable cause to arrestProbable Cause to StopProbable Cause to Stop ProbationProbation Probation OfficerProbation ViolationPunched LicensequestionsRALJReckless DrivingReinstate LicenseRelapseRestricted Licenserevoked deferred prosecutionRight to AttorneyRoad BlocksSCRAMSeattle Municipal CourtSentencingSentencing OptionsSOCSOLSPDSpecial Series: DUI 2012 Law ChangesSR-22 InsuranceState ID statementsStatementssuspension period expirestalk to policeTow feesTracking InfractionsTraffic SchoolTravelTravel to CanadaTreatmentVacate DUIVacate recordvideoviolation of conditions or releasewaiveWarrantsWashington State DUI NewsWashington State Ferry Witnesseswork releaseDUI Newshttp://www.wkyt.com/home/headlines/Senator-talks-about-DUI-charge--289625721.html
SCOTUS to hear Colorado DUI blood test case « Hot Air
Video emerges of Texas judge who failed sobriety test and DUI charges dropped | Daily Mail Online

Beer batter led to DUI? 5 craziest crimes of week
http://www.indystar.com/story/news/crime/2014/12/11/indiana-judge-resigning-after-dui-clarksville-mickey-weber/20239393/
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January 27, 2015 Is a Deferred Prosecution recorded as a conviction?No. If you do a Deferred Prosecution for a DUI in Washington State it is not a conviction at any pont. (unlike a deferred sentence). However, the Deferred Prosecution does remain in the Court and Department of Licensing (DOL) records. 

Posted at 05:14 PM in deferred prosecution | Permalink

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Will I be required to appear at the 5-year hearing on a deferred prosecution?

THE DUISEATTLE.COM BLOG : Will I be required to appear at the 5-year hearing on a deferred prosecution? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI How long will my DUI case last?Will I be required to appear at the 5-year hearing on a deferred prosecution? Will a Fourth DUI be a felony in Washington State?How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public?Am I entitled to an attorney at my DUI Probation Violation Hearing?Is Washington State coming out with a new breath test machine?Will the roadside portable breath test (PBT) at the vehicle be used in my DUI case?Will my license be punched when arrested for DUI? Search OFFICEContact Information
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January 2015 Sun Mon Tue Wed Thu Fri Sat         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 27 28 29 30 31 AboutDISCLAIMERPLEASE NOTE:This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The linked sites are not under the control of the Law Office of W. James Kotlowski PLLC and the Office is not responsible for the contents of any linked site. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. W. James Kotlowski is licensed to practice law in the State of Washington only.ArchivesJanuary 2015December 2014November 2014October 2014September 2014August 2014July 2014June 2014May 2014April 2014More...

Categories20 day hearing notice2012 Boating opening day2013 Boating Under the Influence2nd deferred prosecution60 days ABOUT THE AUTHORAlcohol ReportAlcohol/Drug EvaluationalcoholismArraignmentAttorney FeesBAC LimitBailBail Bond CompanyBail HearingBoating chargesBoating under the influencebreath test machineBreath Test RecordsBUICanadaChanges to the Law Choosing an AttorneyCommunity Serviceconditions of releaseCost of DUICourt CostsCourt ProcessCourt Recordscoverage areaCriminal History (DCH)Current AffairsCustodydeferred prosecutiondeferred sentenceDifferences in JurisdictionDifferent JurisdictionsDOL administrative hearingDOL HearingDOL IssuesDOL SubpoenasDraegerDrivers LicenseDriving TestDUI arrestDUI arrest DUI arrest videoDUI BailDUI BlogsDUI Deferred ProsecutionDUI filingDUI JailDUI newsDUI Payment PlansDUI preventive measuresDUI ProbationDUI Probation violationsDWLS/3EHDEHMEmergency Vehicles Employer ExemptionevidenceExpert Expunge DUIFelony DUIfinesGamesHelpful TipsHiring an attorneyHit & RunIgnition Interlock LicenseIIDIILImmigration ConsequencesIMPOUNDImpound LawInterstate drivers license compactinvestigationJailjurisdictionJurorsJury Trialmental health deferredMissed DOL Hearing NVOLOccupational LicenseOfficeOne a lifetimeonline case evaluationPayment PlansPBTPDRPlea BargainPractical TipsPre-arrestpre-trial hearingsPrescription Drugsprobable cause to arrestProbable Cause to StopProbable Cause to Stop ProbationProbation Probation OfficerProbation ViolationPunched LicensequestionsRALJReckless DrivingReinstate LicenseRelapseRestricted Licenserevoked deferred prosecutionRight to AttorneyRoad BlocksSCRAMSeattle Municipal CourtSentencingSentencing OptionsSOCSOLSPDSpecial Series: DUI 2012 Law ChangesSR-22 InsuranceState ID statementsStatementssuspension period expirestalk to policeTow feesTracking InfractionsTraffic SchoolTravelTravel to CanadaTreatmentVacate DUIVacate recordvideoviolation of conditions or releasewaiveWarrantsWashington State DUI NewsWashington State Ferry WitnessesDUI Newshttp://www.wkyt.com/home/headlines/Senator-talks-about-DUI-charge--289625721.html
SCOTUS to hear Colorado DUI blood test case « Hot Air
Video emerges of Texas judge who failed sobriety test and DUI charges dropped | Daily Mail Online

Beer batter led to DUI? 5 craziest crimes of week
http://www.indystar.com/story/news/crime/2014/12/11/indiana-judge-resigning-after-dui-clarksville-mickey-weber/20239393/
Judge on trial: Cynthia Imperato's DUI and reckless driving case will be heard by a jury starting Dec. 16 - Sun Sentinel
SEE IT: Texas judge stumbles through DUI sobriety test - NY Daily News
New award recognizes DUI officers doing exceptional work | www.kirotv.com
This victim impact panel is for young people charged with DUI - Chicago Tribune
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Yolanda Foster Opens Up About Daughter Bella Hadid's Shocking and Disappointing DUI Arrest | E! Online
Manziel’s bodyguard arrested for DUI, while driving Manziel’s car | ProFootballTalk
Snooki's Husband Jionni LaValle Pleads Guilty to DUI After Wedding - Us Weekly
Rapper Xzibit Arrested for Alleged DUI Shortly After Getting Married - Yahoo
Amanda Bynes pleads no contest to 'wet reckless' in DUI case - latimes.com
Justin Bieber Reportedly Rejects DUI Plea Deal | Celebrity-gossip.net
Justin Bieber DUI Case Update: Plea Deal Rejected | ExtraTV.com
Vikings LB Henderson arrested again for DWI - Yahoo Sports
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January 26, 2015 Will I be required to appear at the 5-year hearing on a deferred prosecution?Maybe. It depends on the Court. This is the hearing where your DUI is dismissed. If you are in compliance, timely completed the 2-year treatment and complied with all the other court's conditions - your appearance is usually not required in most Courts. However, I would check with the Court Clerk or your attorney just to be sure. 

Posted at 12:54 AM in deferred prosecution, Differences in Jurisdiction | Permalink

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Can I get my Deferred Prosecution be dismissed early?

THE DUISEATTLE.COM BLOG : Can I get my Deferred Prosecution be dismissed early? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI How many days do I have to appeal a DOL Decision?How many Jurors will be in my DUI Trial?Do DUI attorneys offer monthly payment plans?Will my Seattle PD DUI arrest be recorded?Can I record the DOL Hearing?Can I do another deferred - if for mental health?Will I get an occupational license or an Ignition Interlock License?Can I get my Deferred Prosecution be dismissed early?A day to be Thankful and ResponsibleWill I receive credit for SCRAM? Search OFFICEContact Information
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December 2014 Sun Mon Tue Wed Thu Fri Sat   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 27 28 29 30 31       AboutDISCLAIMERPLEASE NOTE:This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The linked sites are not under the control of the Law Office of W. James Kotlowski PLLC and the Office is not responsible for the contents of any linked site. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. W. James Kotlowski is licensed to practice law in the State of Washington only.ArchivesDecember 2014November 2014October 2014September 2014August 2014July 2014June 2014May 2014April 2014March 2014More...

Categories20 day hearing notice2012 Boating opening day2013 Boating Under the Influence2nd deferred prosecution60 days ABOUT THE AUTHORAlcohol ReportAlcohol/Drug EvaluationalcoholismArraignmentAttorney FeesBAC LimitBailBail Bond CompanyBail HearingBoating chargesBoating under the influenceBreath Test RecordsBUICanadaChanges to the Law Choosing an AttorneyCommunity Serviceconditions of releaseCost of DUICourt CostsCourt ProcessCourt Recordscoverage areaCriminal History (DCH)Current AffairsCustodydeferred prosecutiondeferred sentenceDifferences in JurisdictionDifferent JurisdictionsDOL administrative hearingDOL HearingDOL IssuesDOL SubpoenasDraegerDrivers LicenseDriving TestDUI arrestDUI arrest DUI arrest videoDUI BailDUI BlogsDUI Deferred ProsecutionDUI filingDUI JailDUI newsDUI Payment PlansDUI preventive measuresDUI ProbationDUI Probation violationsDWLS/3EHDEHMEmergency Vehicles Employer ExemptionevidenceExpert Expunge DUIFelony DUIfinesGamesHelpful TipsHiring an attorneyHit & RunIgnition Interlock LicenseIIDIILImmigration ConsequencesIMPOUNDImpound LawInterstate drivers license compactinvestigationJailjurisdictionJurorsJury Trialmental health deferredMissed DOL Hearing NVOLOccupational LicenseOfficeOne a lifetimeonline case evaluationPayment PlansPBTPlea BargainPractical TipsPre-arrestpre-trial hearingsPrescription DrugsProbable Cause to StopProbable Cause to Stop ProbationProbation Probation OfficerPunched LicensequestionsRALJReckless DrivingReinstate LicenseRelapseRestricted Licenserevoked deferred prosecutionRight to AttorneyRoad BlocksSCRAMSeattle Municipal CourtSentencingSentencing OptionsSOCSOLSPDSpecial Series: DUI 2012 Law ChangesSR-22 InsuranceState ID statementsStatementssuspension period expirestalk to policeTow feesTracking InfractionsTraffic SchoolTravelTravel to CanadaTreatmentVacate DUIVacate recordvideoviolation of conditions or releasewaiveWarrantsWashington State DUI NewsWashington State Ferry WitnessesDUI NewsNew award recognizes DUI officers doing exceptional work | www.kirotv.com
This victim impact panel is for young people charged with DUI - Chicago Tribune
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November 28, 2014 Can I get my Deferred Prosecution be dismissed early?No. Notwithstanding, your completing alcohol/drug treatment ahead of schedule. (you started treatment before entering deferred prosecution in Court - not unusual) According to Washington State law the earliest your DUI can be dismissed is 5 years from the date of entering or acceptance of the deferred prosecution by the Court. 

Posted at 04:32 PM in DUI Deferred Prosecution | Permalink

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Federal v. State Prosecution of Drug and Gun Possession Charges

Determining who will prosecute; Differences between Arizona, Federal laws and penalties.

A Phoenix AZ man was recently sentenced to 25 years in prison for charges of methamphetamine possession with intent to distribute; and prohibited possession of a firearm. The suspected was prohibited from possessing a firearm because of a prior felony conviction on his record.

In another recent case Phoenix police and federal agents from Homeland Security raided two houses and seized five pounds of meth, heroin and marijuana, 7 kilos of cocaine, and 12 weapons (rifles and handguns). The houses were within 1,000 feet of a high school. Neighbors were unaware of the criminal activity. However, four suspects were booked for narcotics possession in a drug free school zone, as well as weapons offenses.

We will refer to these illustrations to outline differences between state and federal investigations, laws, penalties, and the burden of proof held by the prosecution at both levels below.

Arizona V. Federal Laws and Prosecution

Weapons and drug trafficking charges may be brought in federal court. This exposes a person to mandatory minimum sentences. Sometimes both state and federal criminal laws apply, but often serious drug offense may be prosecuted at a Federal level. Generally, the Federal Government prosecutes the larger scale drug crimes, including drug trafficking, and offenses involving more sophisticated and organized illegal drug activity. The Federal Government generally decides if they will prosecute the drug charged in violation of The United States Code (USC) Controlled Substances Act.

The Federal Government also prosecutes large scale drug trafficking offenses involving drug crimes committed across state lines, or involve multi-state operations. In December 2013, the Drug Enforcement Administration (DEA) announced on its combined efforts with Arizona law enforcement officials that uncovered a 1.6 million dollar drug laundering operation. So it is common for both the State and Government to partner together for purposes of the investigation itself. Other agencies are commonly involved including Homeland Security and Counter Narcotics Alliance as part of the investigations involving major drug offenses.

Though state laws vary, in general, Federal punishments are usually more severe than the penalties at the state level. If the state prosecutes the State Penalties apply. Generally, if the Federal Government conducts the investigation and prosecution the defendant will be exposed to the more harsh federal mandatory sentencing guidelines and penalties.
Under Federal law, it is a federal crime to possess a firearm “in furtherance of” a drug trafficking crimes. The burden of proof required by the State to convict the defendant lies with the State of Arizona in this case. The State prosecution must prove “beyond a reasonable doubt” that the firearm was possessed with the intent to advance or promote the commission of the drug-related offense.

Regarding federal drug charges and gun possession, there must be a connection between the guns and the offense. In other words it’s not enough for the prosecutor to simply point to the possession of the firearm and possession of the drugs. In the case described above, the prosecutor would need to show how the rifles and handguns were connected to possession of the illegal drugs. For example, he or she would need to show that they were carried in case competitors tried to steal the drugs or in case where the “drug deal went south” so to speak.
Sometimes to bridge a gap in the evidence, the prosecutor will call an experienced detective who is an expert on drug dealing to testify that drug dealers used their guns to intimidate competitors and protect their business. This has been insufficient in past cases where the detective is unable to present his or her methods and principles in a reliable, consistent fashion. The credibility of this type of “expert” can be challenged by an experienced criminal defense attorney.

Federal law also prohibits anyone who has been previously convicted of a felony (a crime punishable by imprisonment for more than a year) from possessing a firearm or ammunition. A felon who possesses a gun may be punished with 10 years in prison. Federal law also restricts gun possession for those who have been convicted of misdemeanor domestic battery.

Arizona Drug Crimes and Weapons Laws

While Arizona has less stringent laws related to gun possession in some ways. However some provisions are stricter than others. Violations of Weapons laws under A.R.S. 13-3102 can be very serious alone and those convicted are exposed to harsh penalties.
In Arizona, possession or use of a firearm during the commission of a felony drug offense and is as a Class 4 felony. All felonies in Arizona expose a defendant to prison terms, large fines, and felony criminal record if they are convicted.

In the second illustration above, multiple Arizona criminal law violations resulted in what is know as “aggravated factors” under Arizona sentencing guidelines. This includes a drug crime committed within a school safety zone which is within 1,000 feet of a school or its grounds. This offense subjects a person to increased punishments under A.R.S. 13-709 sentencing guidelines in violation of A.R.S. 13-3411.

In addition, possession of illegal drugs which exceeded the “Threshold Amounts” in violation of A.R.S. 13- 3401. (36) for each of the drug classifications heroin, meth, marijuana and cocaine. Drug convictions involving quantities exceeding the Threshold Amount call for aggravated prison terms. The higher the quantity found to be over the Statutory Threshold Amount, the longer the prison sentencing terms.

Certain weapons are wholly prohibited in Arizona, including short barrel shotguns and bombs. Carrying a concealed weapon without a permit (or carrying a deadly weapon into certain places like school grounds or an election polling place) is a Class 1 misdemeanor. The least serious type of felony is a Class 6 felony. Selling or transferring a deadly weapon to someone who is not allowed to have a deadly weapon qualifies as a Class 6 felony. Such an offense can be punished by up to 1 year in prison.

If a person discharges a firearm in an occupied area in order to further gang activity or give a firearm to someone else knowing they will use it in commission of a felony, you may be punished by up to 3 1 years’ imprisonment for a Class 3 felony. In the second real life incident described at the beginning of this post, anyone who gave or sold the guns to the men who possessed the guns and drugs knowing they would use it as protection while drug trafficking, could be punished for a Class 3 felony.

Arizona also has random gunfire laws, better known as “Shannon’s Law” under A.R.S. 13-1307, named after a teenager who was killed by random gunfire in Arizona. If a person shoots a firearm into or within the limits of any municipality in Arizona, they will face Class 6 felony charges, whether or not anyone is physically harmed as a result of the firearm being randomly discharged.

Drug and weapon crimes can be extremely serious and complex. To protect your rights, future, and freedom, you will need to consult an experienced criminal defense attorney to discuss your matter and options for defense. Early intervention and retention of a qualified criminal attorney is key to increase your chances of mitigating the penalties you will be exposed to, if you face charges. If you face drug or weapons charges contact the Law Office of James Novak. James Novak, DUI & Criminal Defense Attorney will provide you with a free and confidential consultation regarding your matter. If retained, he will tailor and provide strong defense on your behalf.

Additional Resources:

• Arizona Gun Laws

• Arizona sentencing for serious, violent or aggravated offenses

• Phoenix Superior Court

• Administration – Federal Trafficking Penalties

MORE BLOGS

Aggravated Assault: The High Cost of Harming a Police Officer, Arizona Criminal Defense Attorney Blog, August 3, 2012
Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”, Arizona Criminal Defense Attorney Blog, June 1, 2012

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