Skip to content
McCall Smokejumpers

Consultation questions, retainer agreements, and how a deferred prosecution changes the bill, enough to compare two lawyers on the same terms.

Offered a deferred prosecution? What five years of supervision actually costs you

A deferred prosecution under RCW 10.05 trades a conviction for two years of treatment and five years of supervision, and the fee agreement should say who handles year four.

Offered a deferred prosecution? What five years of supervision actually costs you
Washington allows a person only one deferred prosecution, ever. Using it on a first case means it is unavailable if a second charge arrives years later.

The quote that looks cheapest at the consultation is often the one that ends soonest, and in Washington impaired driving cases the two common paths end at very different distances from the arrest. A negotiated plea can be finished in months. A deferred prosecution under chapter 10.05 of the Revised Code of Washington runs two years of treatment inside a five-year period of court supervision, and it does not close until the court dismisses the charge at the end. A careful reader compares those two things on the same clock, not on the invoice date.

What the statute actually asks you to sign

A deferred prosecution is a petition, not a negotiation. The petitioner alleges that the charged conduct was caused by alcoholism, drug addiction, or a mental health condition, that the condition is likely to recur without treatment, and that the petitioner agrees to a treatment plan. A state-approved agency performs the assessment and writes the plan, typically two years of outpatient treatment with a defined schedule of individual sessions, group sessions, and self-help meeting attendance. In exchange, the petitioner waives the right to a jury trial and stipulates that the police reports and other admissible evidence may be used to decide guilt. That stipulation is the whole architecture. It is what makes the deal work, and it is what makes revocation swift.

The arithmetic runs longer than the file

Costs arrive in layers, and none of them are the attorney's fee. There is the assessment itself, then the treatment agency's fee for the two-year program, usually billed monthly or in blocks and sometimes offset by insurance or a sliding scale. Then the monitoring: an ignition interlock device with an installation charge, a monthly lease, and calibration visits, plus whatever abstinence monitoring the court imposes. Then the court's own costs and any probation supervision fee. Add license reinstatement and the higher insurance rate that follows an impaired driving allegation regardless of disposition. A reader pricing this properly asks for each layer separately, in dollars per month, across sixty months.

Eligibility is narrower than people assume

A person may receive one deferred prosecution in a lifetime. That rule alone disqualifies many repeat cases, and it is the reason a first-time petitioner should think about whether this is the case worth spending it on. The court must find the treatment plan adequate and the petitioner amenable to it, and prosecutors are entitled to be heard. Commercial license holders face a separate problem, since federal disqualification rules for commercial drivers do not treat a deferral as a clean escape. The Substance Abuse and Mental Health Services Administration oversees the standards world that state-approved treatment agencies operate within, which is why the assessment is a clinical document and not a favor.

Revocation is the part to read twice

If the petitioner stops attending, tests positive, drives without an interlock, or picks up a new alcohol-related offense, the state moves to revoke. The court then decides guilt on the stipulated record. There is no trial, no cross-examination, no suppression motion that was preserved for later, because those were surrendered at entry. Conviction follows, with sentencing exposure calculated from the original charge and, in some cases, from time that has since passed. The practical question a reader should put to any attorney quoting a deferral is simple: if I fail in month thirty-one, what do you do, and is it inside this fee?

Two quotes, two lengths of relationship

A flat fee for a plea covers arraignment, discovery, negotiation, and a sentencing hearing, and the file closes. A flat fee for a deferral often covers the petition, the assessment coordination, and the entry hearing, and then goes quiet. Review hearings continue for years afterward, and so do compliance problems, treatment plan amendments, agency changes after a move, early termination requests, and the final dismissal motion. Ask which of those are included, which are billed hourly, and at what rate. Ask whether the firm will still be reachable in year four. A written answer to that question is worth more than a small difference in the number at the top.

Two paths, priced honestly, rarely look the way they did at first glance. The deferral costs more in dollars and far more in time, and for the right petitioner it is still the better trade, because at the end the charge is dismissed. What makes it work is knowing the full number before signing, not after.

Five years of supervision

Treatment typically runs two years, but the court keeps jurisdiction for five before dismissing the charge. The case is open that entire time.

The stipulation at entry

Petitioners waive a jury trial and agree the police reports may decide guilt. Suppression arguments and cross-examination are given up at the moment of entry, not held in reserve.

State-approved assessment

The treatment plan comes from a certified agency, not from the attorney or the court. Its findings drive whether the petition is even viable.