title: Pleas and Pretrial Dispositions

text:
CrRLJ 4.2 PLEAS AND PRETRIAL DISPOSITIONS (a) Types. A defendant may plead not guilty, not guilty by reason of insanity, or guilty. (b) Multiple Offenses. When the complaint or the citation and notice charges two or more offenses in separate counts the defendant shall plead separately to each. (c) Pleading Insanity; Claiming Incompetency. Written notice of an intent to rely on the insanity defense must be filed at or within 10 days of the time of arraignment, or at such later time as the court may for good cause permit. A claim of present incompetency to stand trial shall be raised at arraignment or as soon as possible thereafter. All procedures concerning the defense of insanity or the competence of the defendant to stand trial are governed by RCW 10.77 or any applicable ordinance. (d) Voluntariness. The court shall not accept a plea of guilty without first determining that it is made voluntarily, competently, and with an understanding of the nature of the charge and the consequences of the plea. The court shall not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea. (e) Agreements. If a plea of guilty is based upon an agreement between the defendant and the prosecuting authority, such agreement must be made a part of the record at the time the plea is entered. No agreement shall be made which specifies what action the court shall take on or pursuant to the plea, or which attempts to control the exercise of the court’s discretion, and the court shall so advise the defendant. (f) Withdrawal of Plea. The court shall allow a defendant to withdraw his or her plea of guilty whenever it appears that the withdrawal is necessary to correct a manifest injustice. (g) Written Statement. A written statement of the defendant in substantially the form set forth below shall be filed on a plea of guilty: _________________ Court of Washington, City/County of ___________________ No. Plaintiff, v.

Statement of Defendant on Plea of Guilty (STTDFG)

Defendant. 1.

My true name is: ________________________________________.

2.

My age is: _______________.

3.

The last level of education I completed was: ____________________.

4.

I Have Been Informed and Fully Understand That: (a)

I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me.

(b)

I am charged with:

Count 1. 2. 3.

Crime

RCW or Ordinance (with subsection)

4. [ ] Count(s) _________ was (were) committed against an intimate partner [ ] Count(s) _________ was (were) committed against a family or household member. The elements are: [ ] as set out in the charging document. [ ] as follows:

. 5.

6.

I Understand That I Have the Following Important Rights and I Give Them All Up by Pleading Guilty: (a)

The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed;

(b)

The right to remain silent before and during trial, and the right to refuse to testify against myself;

(c)

The right at trial to hear and question the witnesses who testify against me;

(d)

The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me;

(e)

The right to be presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty;

(f)

The right to appeal a finding of guilt after a trial.

In Considering the Consequences of My Guilty Plea, I Understand That: (a)

My right to appeal is limited.

(b)

The crime with which I am charged carries a maximum sentence of _______ days in jail and a $_____________ fine.

(c)

The prosecuting authority will make the following recommendation to the judge:

. (d)

The judge does not have to follow anyone’s recommendation about the sentence. The judge can give me any sentence, up to the maximum authorized by law, no matter what the prosecuting authority or anyone else recommends.

(e)

The judge may place me on probation for up to 5 years if I am sentenced for a domestic violence offense or under RCW 46.61.5055, or up to 2 years for all other offenses and impose conditions of probation. If the court orders me to appear at a hearing regarding my compliance with probation and I fail to attend the hearing, the term of probation will be tolled until I appear before the court on the record.

(f)

The judge may require me to pay costs, fees, and assessments authorized by law. The judge may also order me to make restitution to any victims who lost money or property as a result of crimes I committed. The maximum amount of restitution is double the amount of the loss of all victims or double the amount of my gain.

(g)

If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law may be grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS APPLY, THE BOX SHOULD BE CHECKED AND THE PARAGRAPH INITIALED BY THE DEFENDANT.

[ ] (h) Non-DUI Crimes (for DUI related crimes, see para (s) below). The crime of _________________________________ has a mandatory minimum sentence of _____________________ days in jail and a $____________ fine, plus costs and assessments. [ ] (i) The crimes of prostitution, indecent exposure, permitting prostitution, and patronizing a prostitute have a mandatory assessment of $____________. The court may reduce up to 2/3 of this assessment if the court finds that I am not able to pay the assessment. RCW 9A.88.120. [ ] (j) If this crime involves patronizing a prostitute, a condition of my sentence will be that I not be subsequently arrested for patronizing a prostitute or commercial sexual abuse of a minor. The court will impose crime-related geographical restrictions on me, unless the court finds they are not feasible. If this is my first offense, the court will order me to attend a program designed to educate me about the negative costs of prostitution. [ ] (k) This plea of guilty will result in suspension or revocation of my driving license or privilege by the Department of Licensing for a minimum period of . The Department of Licensing may impose a longer period of suspension or revocation based upon my record of conviction. The Department of Licensing shall grant credit on a day-forday basis for any portion of a license suspension, revocation, or denial arising out of the same incident, served prior to this plea of guilty. If I have already served an administrative suspension, revocation, or denial under RCW 46.20.3101, the Department of Licensing may not require further suspension or revocation. Additional requirements and fees may apply. RCW 46.61.5055(9). [ ] (l)

I understand that RCW 46.20.265 requires that my driver’s license be revoked if (a) the current offense is a violation under chapter 69.41 [legend drug], 69.50 [violation of the Uniform Controlled Substances Act], or 69.52 [imitation drugs] RCW, and I was under the age of 21 at the time of the offense OR (b) the current offense is a violation under RCW 9.41.040 (unlawful possession of firearm) and I was under the age of 18 at the time of the offense OR (c) the current offense is a violation under chapter 66.44 RCW [alcohol] and I was under the age of 18 at the time of the offense, AND if (a), (b), or (c) applies, the court finds that I previously committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapters 66.44, 69.41, 69.50, or 69.52 RCW.

[ ] (m) If I am convicted for violating a domestic violence protection order, the court shall impose a mandatory fine of $15. RCW 26.50.110; (effective July 1, 2022) RCW 7.105.450. [ ] (n) I may not possess, own, or have under my control any firearm, and under federal law any firearm or ammunition, unless my right to do so is restored by the court of record that ordered the prohibition on possession of a firearm or the superior court in Washington State where I live, and by a federal court if required as a result of my conviction for the following (check box for applicable crime below): [ ] Possession under RCW 69.50.4011, RCW 69.50.4013, RCW 69.50.4014, or RCW 69.41.030; OR [ ] A crime committed against a family/household member or “intimate partner”; [ ] Assault, Fourth Degree; [ ] Coercion; [ ] Stalking; [ ] Reckless Endangerment; [ ] Criminal Trespass, First Degree; [ ] Violation of a Protection Order/No-Contact Order restraining/excluding the person from a residence; [ ] Harassment (on or after June 7, 2018); OR

[ ] Any of the following not included above committed on or after July 23, 2023: [ ] Domestic Violence (RCW 10.99.020); [ ] Stalking; [ ] Cyberstalking; [ ] Cyber Harassment [excluding when committed solely pursuant to the element set forth in RCW 9A.90.120(1)(a)(i)]; [ ] Harassment; [ ] Aiming/Discharging a Firearm (RCW 9.41.230); [ ] Unlawful Carrying/Handling Firearm (RCW 9.41.270); [ ] Animal Cruelty, Second Degree committed under RCW 16.52.207(1); [ ] any “prior offense” as defined in RCW 46.61.5055(14) if committed within 7 years of a conviction for any other prior offense under RCW 46.61.5055. [ ] (o) Concealed Pistol License (CPL): [ ] If I am convicted of carrying a weapon apparently capable of producing bodily harm under RCW 9.41.270, my CPL will be revoked. OR [ ] If I am convicted of knowingly possessing a dangerous weapon on school facilities or areas of facilities while being used for official meetings of a school district board of directors under RCW 9.41.280, my CPL will be revoked for a period of 3 years and I will be prohibited from applying for a CPL for 3 years. OR [ ] If I am convicted of possessing a dangerous weapon on child care premises under RCW 9.41.282, my CPL will be revoked for a period of 3 years, I will be prohibited from applying for a CPL for 3 years from the date of conviction, and I must immediately surrender any CPL. [ ] (p) If this crime involves a violation of Title 77 RCW, the Department of Fish and Wildlife may, and in some cases shall, suspend or revoke my privileges under Fish and Wildlife licensing. [ ] (q) If this crime involves a drug offense, my eligibility for state and federal education benefits will be affected. 20 U.S.C. § 1091(r). [ ] (r) This plea of guilty is considered a conviction under RCW 46.25.010 and I will be disqualified from driving a commercial motor vehicle. RCW 46.25.090. I am required to notify the Department of Licensing and my employer of this guilty plea within 30 days after the judge signs this document. RCW 46.25.030. [ ] (s) If this case involves driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs, I have been informed and understand that I will be subject to: [ ] the penalties described in the “DUI Attachment.” OR [ ] these penalties. Mandatory minimum sentence: • • • • • •

•

_________________ days in jail. _________________days of electronic home monitoring. $ _______________ monetary penalty. If a 24/7 sobriety program is available, I will have to comply with 24/7 sobriety program monitoring. Comply with the rules and requirements of the Department of Licensing regarding the installation and use of a functioning ignition interlock device on all motor vehicles that I operate. For each passenger under age 16 in the vehicle, I will be required to install an ignition interlock device for an additional 12 months for a blood alcohol content (BAC) less than 0.15, drug-related, no test, or THC; or 18 additional months for a BAC greater or equal to 0.15, or refusal. RCW 46.61.5055(6)(a). This period is in addition to any other ignition interlock device requirements imposed by the court or the Department of Licensing. The Department of Licensing will suspend or revoke my driving privilege for the period of time stated above in paragraph 6(k).

If I have no prior offenses, instead of the minimum jail term, the judge may order me to serve ___________________ days of electronic home monitoring or ______________ days on 24/7 sobriety program monitoring. If I have prior offense(s): • •

•

The judge shall order me to submit to an expanded alcohol assessment and comply with treatment deemed appropriate by that assessment. If I have 1 prior offense, instead of mandatory jail and electronic home monitoring, the judge may order me to serve not less than ____ days in jail, and either _____ days of electronic home monitoring or a 120-day period of 24/7 sobriety program monitoring or a 120-day period of ignition interlock device requirement, or both. If I have 2 prior offenses, instead of mandatory electronic home monitoring, the judge may order me to serve additional jail time.

If the judge orders me to refrain from consuming any alcohol, the judge may order me to submit to alcohol monitoring. I shall be required to pay for the monitoring unless the judge specifies that the cost will be paid with funds from another source. The judge may waive electronic home monitoring or order me to obtain an alcohol monitoring device with wireless reporting technology, if that device is reasonably available, if I do not have a dwelling, telephone service, or any other necessity to operate electronic home monitoring. The judge may waive electronic home monitoring if I live out of state, or if the judge determines that I would violate the terms of electronic home monitoring. If the judge waives electronic home monitoring, the judge will impose an alternative sentence which may include use of an ignition interlock device, additional jail time, work crew, work camp, or a 24/7 sobriety program. I understand that the 24/7 sobriety program is a program which requires tests of my blood, breath, urine, or other bodily substances to find out if I have alcohol, cannabis, or any controlled substance in my body. Testing must take place at designated location(s). I may be required to pay the fees and costs for the program. The judge will order as conditions of probation that I (i) shall not drive a motor vehicle without a valid license; (ii) shall not drive a motor vehicle without proof of liability insurance or other financial responsibility; (iii) shall not drive or be in physical control of a motor vehicle with an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within 2 hours after driving; (iv) shall submit to a breath or blood alcohol test upon the reasonable request of a law enforcement officer; (v) shall not drive a motor vehicle without a functioning ignition interlock device as required by the Department of Licensing. For each violation of the above mandatory conditions, the court shall order my confinement for a minimum of 30 days, which may not be suspended or deferred. For each incident involving a violation, the court shall suspend my license for 30 days. (t)

If this case involves reckless driving and the original charge was driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs, and I have 1 or more prior offenses, as defined in RCW 46.61.5055(14) within 7 years; or if the original charge was Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug, I have been informed and understand that I will be subject to the penalties for Reckless Driving described in the “DUI Attachment.”

(u) If this case involves negligent driving in the 1st degree, and I have 1 or more prior offenses, as defined in RCW 46.61.5055(14), within 7 years, I have been informed and understand that I will be subject to the penalties for Negligent Driving–1st Degree described in the “DUI Attachment.” (v) If this case involves a conviction for operating a vehicle without an ignition interlock device under RCW 46.20.740, then my sentence will run consecutive to

any sentences imposed under RCW 46.20.750, 46.61.502, 46.61.504, or 46.61.5055. RCW 46.20.740(3). (w) If this case involves a conviction for tampering with or circumventing an ignition interlock device under RCW 46.20.750, then my sentence will run consecutive to any sentences imposed under RCW 46.20.740(3), 46.61.502, 46.61.504, 46.61.5055, 46.61.520(1), or 46.61.522(1)(b). (x) If this crime involves sexual misconduct with a minor in the 2nd degree, communication with a minor for immoral purposes, an attempt, solicitation, or conspiracy to commit a sex offense, a kidnapping offense involving a minor, as defined in RCW 9A.44.128, or unlawful transmission of human immunodeficiency virus (HIV) to a child or vulnerable adult under chapter 70.24 RCW, I will be required to register with the county sheriff as described in the “Offender Registration Attachment.” (y) Pursuant to RCW 43.43.754, if this crime is an offense which requires sex or kidnapping offender registration, or is one of the following offenses: assault in the 4th degree where domestic violence was pleaded and proved, assault in the 4th degree with sexual motivation, communication with a minor for immoral purposes, custodial sexual misconduct in the 2nd degree, failure to register, harassment, patronizing a prostitute, sexual misconduct with a minor in the 2nd degree, stalking, indecent exposure, or violation of a sexual assault protection order, I will be required to have a biological sample collected for purposes of DNA identification analysis, unless it is established that the Washington State Patrol crime laboratory already has a sample from me for a qualifying offense. (z) Travel Restrictions: I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if I am placed on probation for 1 year or more and this crime involves (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires the offender to register as a sex offender in the sending state. I understand that I will be required to pay an application fee with my travel or transfer request. 7.

I plead guilty to the crime(s) of as charged in the complaint(s) or citation(s) and notice. I have received a copy of that complaint or citation and notice. The complaint or citation and notice was orally amended and I waive filing of a written amended complaint or citation and notice.

8.

I make this plea freely and voluntarily.

9.

No one has threatened harm of any kind to me or to any other person to cause me to make this plea.

10.

No person has made promises of any kind to cause me to enter this plea except as set forth in this statement.

11.

Statement of Facts [by Defendant]: The judge has asked me to state in my own words what I did that makes me guilty of the crime(s), including domestic violence relationships if they apply. This is my statement (state the specific facts that support each element of the crime(s)):

. The crime(s) was (were) committed against intimate partner(s).

(names) ____________________________________________. The crime(s) was (were) committed against family or household member(s): (names) ____________________________________________. [No statement made.] Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea, including a determination of my relationship to each victim as: intimate partner(s): (names) ___________________________________

.

family or household member(s): (names) ___________________________ 12.

.

My lawyer has explained to me, and we have fully discussed, or I have read, all of the above paragraphs. I understand them all. I have been given a copy of this “Statement of Defendant on Plea of Guilty.” I have no further questions to ask the judge. [ ] An interpreter has interpreted the above paragraphs and my lawyer’s explanation into the ______________ language, which I understand.

Date: Defendant I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement. Prosecuting Authority Type or Print Name

Defendant's Lawyer WSBA No.

Type or Print Name

WSBA No.

The foregoing statement was signed by the defendant in open court in the presence of the defendant’s lawyer (if represented) and the undersigned judge. The defendant asserted that (check the appropriate box): [ ] (a)

The defendant had previously read; or

[ ] (b)

The defendant’s lawyer had previously read to the defendant; or

[ ] (c)

An interpreter had previously sight translated the entire statement above to the defendant and that the defendant understood it in full.

Interpreter Declaration: I am a certified or registered interpreter, or have been found otherwise qualified by the court to interpret in the ____________________________ language. I have translated this document for the defendant from English into that language. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city) __________________________, (state) ______, on (date) _________________. _______________________________________ Interpreter

______________________________________ Print Name WA AOC No.

I find the defendant’s plea of guilty to be knowingly, intelligently, and voluntarily made. The defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged. Dated: _____________________________ Judge/Commissioner/Judge Pro Tempore

“DUI ATTACHMENT”

Case Name: ____________________________ Cause No.: ____________________ “DUI Attachment”: Driving under the influence of alcohol and/or actual physical control of a vehicle while under the influence of alcohol and/or drugs. (If required, attach to Statement of Defendant on Plea of Guilty.)

Court – DUI Sentencing Grid (RCW 46.61.5055 as amended by statute effective Jan. 1, 2022) BAC Result < .15 or No Prior Offense1 One Prior Offense1 Two Prior Offenses1 No Test Result Mandatory Minimum/ 24 Consecutive 30/364 Days 90/364 Days Hours/364 Days Consecutive Consecutive Maximum Jail Time2 Each Passenger Under Additional 24 Hours Additional 5 Days Additional 10 Days Age 16, Mandatory Jail Consecutive 60 Days Mandatory 120 Days Mandatory/8 EHM or Jail Alternative2 15 Days in Lieu of Jail Days Jail Min. . 2 Alternative to N/A Jail+180 Days EHM or 360 Days EHM2 or 360 Mandatory Jail + EHM 120 days of 24/7 days of 24/7 sobriety sobriety program program monitoring monitoring Mandatory Minimum/ $990.50/$5,000 $1,245.50/$5,000 $2,095.50/$5,000 Maximum Fine***3 If Passenger Under $1,000/$1,000-$5,000 $1,000/$2,000-$5,000 $1,000/$3,000-$10,000 Age 16, + assessments + assessments + assessments Minimum/Maximum Range***4 Driver's License** 90-Day Suspension5 2-Year Revocation5 3-Year Revocation Each Passenger Under Additional 12 Months Additional 12 Months Additional 12 Months Age 16, II Device 24/7 Sobriety Program2 If available If available If available Alcohol/Drug Ed./Victim As Ordered As Ordered As Ordered Impact or Treatment Expanded Substance N/A Mandatory/treatment if Mandatory/treatment if Use Disorder appropriate appropriate Assessment/Treatment II Device DOL imposed in all cases. BAC Result ≥ .15 or No Prior Offense1 One Prior Offense1 Two Prior Offenses1 Test Refusal Mandatory Minimum/ 48 Consecutive 45/364 Days 120/364 Days Hours/364 Days Maximum Jail Time2 Each Passenger Under Additional 24 Hours Additional 5 Days Additional 10 Days Age 16, Mandatory Jail Consecutive Consecutive Consecutive EHM Or Jail 30 Days in Lieu of Jail 90 Days Mandatory. 150 Days Mandatory/ Alternative2 10 Days Jail Min. Alternative to N/A 6 Months EHM2 or 120 360 days EHM2 or 360 Mandatory Jail + EHM days of 24/7 Sobriety days of 24/7 Sobriety Program Monitoring Program Monitoring Mandatory Minimum/ $1,245.50/$5,000 $1,670.50/$5,000 $2,945.50/$5,000 Maximum Fine***3 If Passenger Under $1,000/$1,000-$5,000 $1,000/$2,000-$5,000 $1,000/$3,000-$10,000 Age 16, + assessments + assessments + assessments Minimum/Maximum Range***4 Driver's License** 1-Year Revocation5 900-Days Revocation 4-Year Revocation 2 Years if BAC refused 3 Years if BAC refused Each Passenger Under Additional 18 Months Additional 18 Months Additional 18 Months Age 16, II Device 24/7 Sobriety Program2 If available If available If available Alcohol/Drug Ed./Victim As Ordered As Ordered As Ordered Impact or Treatment Expanded Substance N/A Mandatory/treatment if Mandatory/treatment if Use Disorder appropriate appropriate Assessment/Treatment * See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 5. ** Driver’s license minimum suspension/revocation. See note 5 for exceptions. DOL may impose more. *** Mandatory Minimum fines may be reduced, waived, or suspended if defendant is indigent, as provided by law.

1

Prior Offenses: Count all prior offenses where the arrest date of the prior offense occurred within 7

years before or after the arrest date on the current offense. RCW 46.61.5055(14)(c). “Prior offense” is defined by RCW 46.61.5055(14)(a) to include– • Original Convictions for the following (including equivalent local ordinances) for: (1) Driving Under the Influence (DUI) (RCW 46.61.502) or an equivalent out-of-state conviction; (2) Phys. Cont. (RCW 46.61.504); (3) Commercial Vehicle DUI/Physical Control, (RCW 46.25.110); (4) Watercraft DUI (RCW 79A.60.040(2)); (5) Aircraft DUI (RCW 47.68.220); (6) Nonhighway vehicle DUI (RCW 46.09.470(2)); and (7) Snowmobile DUI (RCW 46.10.490(2)). • Amended Convictions for: (1) Originally charged with DUI (RCW 46.61.502) or Physical Control (RCW 46.61.504) or an equivalent local ordinance, or Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522) but convicted of Negligent Driving 1st (RCW 46.61.5249), Reckless Driving (RCW 46.61.500), or Reckless Endangerment (RCW 9A.36.050), or an equivalent local ordinance. This section also applies for equivalent out-of-state convictions; (2) Originally charged with Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug, but convicted of Vehicular Homicide or Vehicular Assault committed in a reckless manner or with the disregard for the safety of others; (3) Originally charged with Watercraft DUI (RCW 79A.60.040(2)) or an equivalent local ordinance, but convicted of Operating a Watercraft in a reckless manner (RCW 79A.60.040(1)) or an equivalent local ordinance; (4) Originally charged with Aircraft DUI (RCW 47.68.220) or an equivalent local ordinance, but convicted of Operating an Aircraft in a careless or reckless manner (RCW 47.68.220) or an equivalent local ordinance. • Deferred Prosecution Granted for: (1) Driving Under the Influence (DUI) (RCW 46.61.502), including local and out-of-state equivalents; (2) Physical Control of a Vehicle under the influence (Physical Control) (RCW 46.61.504), including local and out-of-state equivalents; (3) Negligent Driving 1st (RCW 46.61.5249) or equivalent local ordinance if the charge under which the deferred prosecution was granted was originally filed as a violation of DUI (RCW 46.61.502) or Physical Control (RCW 46.61.504), or an equivalent local ordinance, or Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522); and (4) an equivalent out-of-state deferred prosecution for DUI or Physical Control, including a substance use disorder treatment program (RCW 46.61.5055(14)(a)(xvi). If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in RCW 46.61.5055(14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing. • Deferred Sentences for: Originally charged with DUI (RCW 46.61.502) or Physical Control (RCW 46.61.504) or an equivalent local ordinance, or Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522), but deferred sentence was imposed for: Negligent Driving 1st (RCW 46.61.5249), Reckless Driving (RCW 46.61.500), Reckless Endangerment (RCW 9A.36.050), or an equivalent local ordinance. 2Mandatory Jail, Electronic Home Monitoring (EHM), and 24/7 Sobriety Program : No prior offenses: Where there are no prior offenses with an arrest date within 7 years before or after the arrest date of the current offense, the mandatory imprisonment may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. The court may grant EHM instead of mandatory minimum jail. Instead of jail time or EHM in lieu of jail time, and when the alcohol concentration is (1) less than 0.15, the court may order a 90-day period of 24/7 sobriety program monitoring or (2) at least 0.15, the court may order a 120-day period of 24/7 sobriety program monitoring. One prior offense: Where there is 1 prior offense with an arrest date within 7years before or after the arrest date of the current offense, the mandatory imprisonment and EHM may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. In lieu of the mandatory term of imprisonment and EHM, when alcohol concentration is (1) less than 0.15, the court may order a minimum of either 180 days of EHM or a 120-day period of 24/7 sobriety program monitoring or (2) at least 0.15, the court may order a minimum of either 6 months of EHM or a 120-day period of 24/7 sobriety program monitoring, or a 120-day ignition interlock device requirement, or both. Two prior offenses: If there are 2 prior offenses with an arrest date within 7 years before or after the arrest date of the current offense, the mandatory jail shall be served by imprisonment for the minimum statutory term and may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. In lieu of the mandatory minimum term of imprisonment and EHM, the court may order a minimum of either 360 days of EHM or 360-day period of 24/7 sobriety program and monitoring. If the 24/7 sobriety program is available, the court shall order 6-month 24/7 sobriety program monitoring, or a 6-month ignition interlock device requirement, or both. II Device: A sentence imposed for driving without an ignition interlock device (IID) installed as required or for circumventing an IID must be consecutive to any sentence imposed for DUI or Physical Control. RCW 46.20.740; RCW 46.20.750. The 24/7 sobriety program is a program which requires tests of the defendant’s blood, breath, urine, or other bodily substances to find out if there is alcohol, marijuana, or any controlled substance in their body.

Testing must take place at designated location(s). The defendant may be required to pay the fees and costs for the program. RCW 46.61.5055(1), (2), (3), (5); RCW 36.28A.330. Mandatory Conditions of Probation for any Suspended Jail Time: The individual is not to: (1) drive a motor vehicle without a valid license to drive, (2) drive a motor vehicle without proof of liability insurance or other financial responsibility (SR 22), (3) drive or be in physical control of a vehicle while having an alcohol concentration of .08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher within 2 hours after driving, (4) refuse to submit to a test of their breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drug, (5) drive a motor vehicle without a functioning ignition interlock device as required by DOL. For each violation of the above mandatory conditions the court shall order a minimum of 30 days’ confinement, which may not be suspended or deferred. For each incident involving a violation, the court shall suspend the license for 30 days. RCW 46.61.5055(11). Courts are required to report violations of mandatory conditions requiring confinement or license suspension to DOL. RCW 46.61.5055. 3Mandatory Monetary Penalty: Criminal Conviction Fee, RCW 3.62.085, shall not be imposed if the defendant is indigent as defined in RCW 10.101.010(3)(a)-(c). Fine, RCW 46.61.5055(1)-(3), mandatory minimum may not be suspended unless the defendant is indigent. PSEA 1, RCW 3.62.090(1) if applicable, shall not be suspended or waived; Alcohol Violators Fee, RCW 46.61.5054, may suspend all or part of fee if the defendant does not have ability to pay; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055, may not be reduced, waived, or suspended unless the defendant is indigent (Note: RCW 3.62.090(1) and (2) apply to CJF penalty. If applicable, shall not be suspended or waived.) The court may order reimbursement of emergency response expenses. RCW 38.52.430. 4 If Passenger Under Age 16: The interpretation of RCW 46.61.5055(6), regarding the fines, is unsettled. Some interpret it as setting a new mandatory minimum and maximum fine, replacing a fine in RCW 46.61.5055(1)-(3). Some interpret it as setting a fine that is in addition to one of those fines. Apply applicable assessments. The court may not suspend the minimum fine unless defendant is indigent. 5 Driver’s License and 24/7 Sobriety Program: If there are no prior offenses, and the person’s alcohol concentration is: • less than 0.15, the person’s driving privilege is suspended for 90 days or until the person is evaluated by an substance use disorder agency or probation department and completes or is enrolled in a 90day period of 24/7 sobriety program monitoring. The license suspension must not be fewer than 2 days. RCW 46.61.5055(9). • at least 0.15, the person’s driving privilege is revoked for 1 year or until the person is evaluated by an substance use disorder agency or probation department and completes or is enrolled in a 120-day period of 24/7 sobriety program monitoring. The license revocation must not be fewer than 4 days. RCW 46.61.5055(9). If there is 1 prior offense and the person’s alcohol concentration is less than 0.15, the person’s driving privilege is revoked for 2 years or until the person is evaluated by substance use disorder agency or probation department and the person completes or is enrolled in a 6-month period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for less than 1 year. RCW 46.61.5055(9) Felony DUI and Felony Physical Control: A current offense is a Class B felony punished under ch. 9.94A RCW if the defendant has (1) 3 prior convictions within ten years, or (2) 1 prior conviction of Vehicular Homicide or Vehicular Assault, or (3) a prior felony resulting from (1) or (2). “Within ten years” means that the arrest for the prior offense occurred within 10 years before or after the arrest for the current offense. RCW 46.61.5055(14)(c). Jurisdiction: The court has 5 years’ jurisdiction.

Court and Department of Licensing (DOL) Ignition Interlock Requirements RCW 46.20.720 as amended by statute effective Jan. 1, 2022. Court Order To Comply with Rules and Requirements of DOL: The court orders the person to comply with the rules and requirements of DOL regarding the installation and use of a functioning Ignition Interlock device on all motor vehicles operated by the person. If the court orders the person to refrain from consuming any alcohol, the court may order the person to submit to alcohol monitoring and to pay for the monitoring unless the court specifies the cost will be paid with funds available from an alternative source identified by the court. RCW 46.61.5055(5).

DOL Ignition Interlock Device (IID) Requirements RCW 46.20.720: Restriction and duration: •

Postconviction: After any applicable period of suspension, revocation, or denial of driving privilege due to conviction for DUI, Physical Control, or an equivalent local or out-of-state statute or ordinance. No Previous Restriction: Previous 1-Year Restriction: Previous 5-Year Restriction: 1 Year 5 Years 10 Years • Passenger Under Age 16: DOL shall extend the ignition interlock restriction an additional 12 months or 18 months for each passenger under age 16 as required by RCW 46.61.5055(6)(a). RCW

46.20.720(3)(c). This period is in addition to any other ignition interlock device requirements imposed by the court or the Department of Licensing. • Tolling: For incidents occurring on or after June 9, 2016, the restriction is tolled for any period in which the person does not have an IID installed on a vehicle owned or operated by the person unless DOL determines the person is unable to operate an IID due to a physical disability. • Court Order: If the court orders that a person may drive only a motor vehicle equipped with a functioning IID, the court sets the duration of the restriction, up to the 5 years’ jurisdictional limit of the court, and the alcohol set point. RCW 46.20.720(1)(e). Alcohol Set Point: Unless otherwise ordered, the alcohol set point for any IID shall be 0.02%. IID Costs: $21 fee per month and any other costs associated with the use of an IID. DOL may waive the monthly fee if the person is indigent under RCW 10.101.010. Requirements for removal: Restriction effective until IID vendor certifies to DOL that none of the following occurred within 180 days prior to date of release: any attempt to start the vehicle with a BAC of 0.04 or more unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples; failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration of 0.02 or lower unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.02, and the digital image confirms the same person provided both samples; failure of the person to appear at the IID vendor when required; removal of the IID by a person other than an IID technician certified by the Washington State Patrol; and the IID was not tampered with in the manner described in RCW 46.20.750. Day-for-Day credit: All time during which a required IID is installed applies on a day-for-day basis toward a post-conviction IID requirement for the same incident. If day-for-day credit exceeds the postconviction requirement, DOL may waive requirements. Prior Suspension: Prior Suspension: If a person has already served a suspension, revocation, or denial under RCW 46.20.3101 for a period equal to or greater than the suspension period imposed by the DOL, the department shall provide notice of full credit, shall provide for no further suspension or revocation provided the person has completed the requirements of RCW 46.20.311 and paid the probationary license fee under RCW 46.20.311 by the date specified in the notice provided by the DOL. RCW 46.61.5055(9)(b). Employer Exemption: The installation of an IID is not necessary on vehicles owned, leased, or rented by a person’s employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer and driven at the direction of a person’s employer as a requirement of employment during business hours upon providing an Employer Exemption declaration to DOL. However, the employer exemption does not apply when the employer’s vehicle is assigned exclusively to the restricted driver and is used solely for commuting to and from employment.

Court – Reckless Driving/Negligent Driving – 1st Degree Sentencing Grid (RCW 46.61.500, RCW 46.61.5249, RCW 46.20.720 as amended through Jan. 1, 2022) Reckless Driving Conviction

Reckless Driving (RCW 46.61.500(3)(a)) Reckless Driving (RCW 46.61.500(3)(b)) II Device

• • •

• •

Qualifications Original charge: Violation of DUI (RCW 46.61.502) or Physical Control (RCW 46.61.504) or equivalent local ordinance. One or More Prior Offenses within 7 years as defined above. Original charge; Violation of Vehicular Homicide (RCW 46.61.520) or Vehicular Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug. Consequences 6 Months. Restriction remains in effect, until IID vendor certifies to DOL that none of the following incidents occurred within 180 days before date of release: any attempt to start the vehicle with a BAC of 0.04 or more, unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples; failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration of 0.02 or lower unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.02, and the digital image confirms the same person provided both samples; failure

• • •

Maximum Jail Time Maximum Fine EHM Driver’s License II Driver's License

• • • • • •

•

Alcohol/Drug Ed./Victim Impact or Treatment 24/7 Sobriety Program

Conviction Negligent Driving - 1st Degree (RCW 46.61.5249)

II Device

• •

As ordered by the court, if use of alcohol or drugs was a contributing factor in the commission of the crime.

Negligent Driving – 1st Degree Qualifications • One or More Prior Offenses within 7 years as defined above.

• •

•

Maximum Jail Time Maximum Fine EHM Driver's License Alcohol/Drug Ed./Victim Impact or Treatment 24/7 Sobriety Program

of the person to appear at the IID vendor when required; removal of the IID by a person other than an IID technician certified by WSP; and the IID was not tampered with in the manner described in RCW 46.20.750. RCW 46.20.720. For incidents occurring on or after June 9, 2016, the restriction is tolled for any period in which the person does not have an IID installed on a vehicle owned or operated by the person. DOL will give day-for-day credit as allowed by law. Costs associated with the use of the ignition interlock device, and $21 fee per month. 364 days, if convicted of reckless driving. $5,000, if convicted of reckless driving. As ordered. 30-day suspension. DOL will give day-for-day credit as allowed by law. As imposed by DOL. May apply for II driver’s license if original charge was violation of DUI (RCW 46.61.502) or Physical Control (RCW 46.61.504) or equivalent local ordinance. If the defendant is eligible to apply, but does not have a Washington driver’s license, the defendant may apply for an II license. DOL may require the defendant to take a licensing examination and apply and qualify for a temporary restricted driver’s license. During any period of suspension, revocation or denial, a person who has obtained an II driver’s license under RCW 46.20.385 may continue to drive without getting a separate temporary restricted driver’s license. As ordered.

• • • • • •

Consequences 6 Months. Restriction remains in effect, until IID vendor certifies to DOL that none of the following incidents occurred within 180 days before date of release: any attempt to start the vehicle with a BAC of 0.04 or more unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples; failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration of 0.02 or lower unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.02, and the digital image confirms the same person provided both samples; failure of the person to appear at the IID vendor when required; removal of the IID by a person other than an IID technician certified by WSP; and the IID was not tampered with in the manner described in RCW 46.20.750. RCW 46.20.720. For incidents occurring on or after June 9, 2016, the restriction is tolled for any period in which the person does not have an IID installed on a vehicle owned or operated by the person. 90 days, if convicted of negligent driving in the 1st degree. $1,000, if convicted of negligent driving in the 1st degree. As ordered. As imposed by DOL. As ordered. As ordered by the court, if use of alcohol or drugs was a contributing factor in the commission of the crime.

Case Name:

Cause No.:

“Offender Registration” Attachment: Sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation or conspiracy to commit a sex offense, or a kidnapping offense involving a minor, as defined in RCW 9A.44.128. (If required, attach to Statement of Defendant on Plea of Guilty.)

1. General Applicability and Requirements: Because this crime involves sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation or conspiracy to commit a sex offense, or a kidnapping offense involving a minor, as defined in RCW 9A.44.128, I will be required to register. If I am a resident of Washington, I must register with the sheriff of the county of the state of Washington where I reside. I must register within three business days of being sentenced unless I am in custody, in which case I must register at the time of my release with the person designated by the agency that has jurisdiction over me. I must also register within three business days of my release with the sheriff of the county of the state of Washington where I will be residing. While in custody, if I am approved for partial confinement, I must register when I transfer to partial confinement with the person designated by the agency that has jurisdiction over me. I must also register within three business days from the end of partial confinement or release from confinement with the sheriff of the county where I reside. If I am not a resident of Washington, but I am a student in Washington or I am employed in Washington or I carry on a vocation in Washington, I must register with the sheriff of the county of my school, place of employment, or vocation. I must register within three business days of being sentenced unless I am in custody, in which case I must register at the time of my release with the person designated by the agency that has jurisdiction over me. I must also register within three business days of my release with the sheriff of the county of my school, where I am employed, or where I carry on a vocation.

2. Offenders Who Are New Residents, Temporary Residents, or Returning Washington Residents: If I move to Washington or if I leave this state following my sentencing or release from custody but later move back to Washington, I must register within three business days after moving to this state. If I leave this state following my sentencing or release from custody, but later while not a resident of Washington I become employed in Washington, carry on a vocation in Washington, or attend school in Washington, I must register within three business days after attending school in this state or becoming employed or carrying out a vocation in this state. If I am visiting and intend to reside or be present 10 or more days in Washington, then I must register the location where I plan to stay or my temporary address with the sheriff of each county where I will be staying within three business days of my arrival.

3. Change of Residence Within State: If I change my residence within a county, I must provide, by certified mail, with return receipt requested or in person, signed written notice of my change of residence to the sheriff within three business days of moving. If I change my residence to a new county within this state, I must register with the sheriff of the new county within three business days of moving. Also within three business days, I must provide, by certified mail, with return receipt requested or in person, signed written notice of my change of address to the sheriff of the county where I last registered.

4. Leaving the State or Moving to Another State: If I move to another state, or if I work, carry on a vocation, or attend school in another state, I must register a new address, fingerprints, and photograph with the new state within three business days after establishing residence, or after beginning to work, carry on a vocation, or attend school in the new state. If I move out of the state, I must also send written notice within three business days of moving to the new state or to a foreign country to the county sheriff with whom I last registered in Washington State. 5. Travel Outside the United States: If I intend to travel outside the United States, I must provide, signed written notice of the details of my plan to travel out of the country to the sheriff of the county where I am registered. Notice must be provided at least 21 days before I travel. Notice may be provided to the sheriff by certified mail, with return receipt requested, or in person. If I cancel or postpone this travel, I must notify the sheriff within three days of canceling or postponing my travel or on the departure date I provide in my notice, whichever is earlier. If I travel routinely across international borders for work, or if I must travel unexpectedly due to a family or work emergency, I must personally notify the sheriff at least 24 hours before I travel. I must explain to the sheriff in writing why it is impractical for me to comply with the notice required by RCW 9A.44.130(3).

6. Notification Requirement When Enrolling in or Employed by a Public or Private Institution of Higher Education or Common School (K-12): I must give notice to the sheriff of the county where I am registered within three business days: (i) before arriving at a school or institution of higher education to attend classes; (ii) before starting work at an institution of higher education; or (iii) after any termination of enrollment or employment at a school or institution of higher education.

7. Registration by a Person Who Does Not Have a Fixed Residence: Even if I do not have a fixed residence, I am required to register. Registration must occur within three business days of release in the county where I am being supervised if I do not have a residence at the time of my release from custody. Within three business days after losing my fixed residence, I must send signed written notice to the sheriff of the county where I last registered. If I enter a different county and stay there for more than 24 hours, I will be required to register with the sheriff of the new county not more than three business days after entering the new county. I must also report in person to the sheriff of the county where I am registered on a weekly basis. The weekly report will be on a day specified by the county sheriff’s office, and shall occur during normal business hours. I must keep an accurate accounting of where I stay during the week and provide it to the county sheriff upon request. The lack of a fixed residence is a factor that may be considered in determining a sex offender’s risk level and shall make me subject to disclosure to the public at large pursuant to RCW 4.24.550.

8. Application for a Name Change: If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five days before the entry of an order granting the name change. If I receive an order changing my name, I must submit a copy of the order to the county sheriff of the county of my residence and to the state patrol within three business days of the entry of the order. RCW 9A.44.130(7).

Date: __________________________________

_______________________________ Defendant’s signature

(h) Verification by Interpreter. If a defendant is not fluent in the English language, a person the court has determined has fluency in the defendant’s language shall certify that the written statement provided for in section (g) has been translated orally or in writing and that the defendant has acknowledged that he or she understands the translation. The foregoing statement was signed by the defendant in open court in the presence of the defendant’s lawyer, if represented, and the undersigned judge. The defendant asserted that (check the appropriate box): [ ] (a) The defendant had previously read; or [ ] (b) The defendant’s lawyer had previously read to him or her; or [ ] (c) An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full. Interpreter Declaration: I am a certified or registered interpreter, or have been found otherwise

qualified by the court to interpret in the ____________________________ language, which the defendant understands. I have translated this document for the defendant from English into that language. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (city) ____________________, (state) ____________, on (date) _________________. _______________________________________ Interpreter

____________________________________ Print Name

I find the defendant’s plea of guilty to be knowingly, intelligently, and voluntarily made. Defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged. Dated: _____________________________ Judge/Commissioner/Judge Pro Tempore

(i) Deferred Prosecution. A written petition shall be filed at the time a defendant moves the court to grant a deferred prosecution under chapter 10.05 RCW. The petition shall be in substantially the following form: Court of Washington County of________________________________ No: Plaintiff,

Petition for Deferred Prosecution (DPPF) Charges:

Defendant.

Violation Date:

vs.

I am the defendant in this case, and I petition the court for deferred prosecution under ch. 10.05 RCW. I make the following statements in support of my petition: 1. The wrongful conduct charged is the result of or caused by [ ] substance use disorders [ ] mental problems, [ ] domestic violence behavior, for which I need treatment. 2. Unless I receive treatment for my problem, the probability is great that I will offend again. 3. I agree to pay the cost of diagnosis and treatment, if I am financially able to do so, subject to RCW 10.05.130. 4. I understand that the court will not accept a petition for deferred prosecution from a person who sincerely believes that they are is innocent of the crime(s) charged or does not suffer from alcoholism, drug addiction, mental problems, or domestic violence behavior patterns. 5. If this charge is a violation of Title 46 RCW or similar municipal ordinance, I have not previously been placed on a deferred prosecution for a Title 46 RCW or similar municipal ordinance violation. 6. If this charge is a domestic violence offense, I have not previously been placed on a deferred prosecution for a domestic violence offense, this charge was not originally charged in superior court as a felony offense, and a prior stipulated order of continuance was not previously granted. RCW 10.05.010, .160. 7. I have filed a case history and assessment with this petition as required by RCW 10.05.020. 8. I have the following rights: (a) to have a lawyer represent me at all hearings; (b) to have a lawyer appointed at public expense if I cannot afford one; (c) to have a speedy, public jury trial; (d) to appeal any conviction; (e) to remain silent and not testify; (f) to question witnesses who testify against me; (g) to call witnesses to testify for me, at no cost; (h) to be presumed innocent unless the charge(s) against me is (are) proved beyond a reasonable doubt; and (i) to present evidence and a defense. By deferring prosecution on these charges, I give up my right to: (a) a speedy trial; (b) a jury; (c) testimony on my own behalf; (d) an opportunity to call and question witnesses; and (e) present evidence or a defense. 9. I agree that the facts as reported in the attached police reports are admissible evidence and are sufficient to support a conviction. I acknowledge that the above items will be used to support a finding of guilty if the deferred prosecution is revoked. 10. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum penalty allowed by law. 11. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines and incarceration if I seek treatment. I understand that I may seek treatment from a public or private agency at any time, whether or not I have been found guilty or placed on deferred prosecution. 12. For some crimes, a deferred prosecution will enhance mandatory penalties for subsequent offenses committed within a 7-year period. I understand that a deferred prosecution will be a prior offense under RCW 46.61.5055 (driving under the influence, physical control of a vehicle under the influence, negligent driving if originally charged as driving under the influence or physical control of a vehicle under the influence, vehicular homicide, or vehicular assault). 13. If the court defers prosecution on any crime that would be a violation of state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090 and, if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my

employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030. If the court grants this Petition, I may not operate a motor vehicle on the public highways without a valid operator’s license and proof of liability insurance pursuant to RCW 46.29.490. If my wrongful conduct is the result of or caused by alcohol dependency, I shall also be required to install an ignition interlock device under RCW 46.20.720. The required periods of interlock use shall be not less than the periods provided for in RCW 46.20.720, and subject to certification from the ignition interlock device vendor. RCW 46.20.720(4). I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of re-offense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining lawabiding behavior. Substance use disorder treatment programs shall require a minimum of 2 self-help recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph. 14. If the court defers prosecution for any crime involving domestic violence behavior, I will be ordered not to possess firearms and I will be ordered to surrender firearms in my possession under RCW 9.41.800. The court may order me to make restitution and to pay costs under RCW 10.01.160. The court may also order reasonable conditions during the deferred prosecution to ensure continued sobriety and reduce the likelihood of re-offense in co-occurring domestic violence and substance abuse or mental health cases. These conditions include, but are not limited to, attendance at a selfhelp recovery support group for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior. The court may terminate the deferred prosecution program if I violate the deferred prosecution order. 15. A deferred prosecution program for domestic violence behavior, or domestic violence co-occurring with substance abuse or mental health, must include, but is not limited to, the following requirements: (a) completion of a risk assessment; (b) participation in the level of treatment recommended by the program as outlined in the current treatment plan; (c) compliance with the contract for treatment; (d) participation in any ancillary or co-occurring treatments that are determined to be necessary for the successful completion of the domestic violence intervention treatment including, but not limited to, mental health or substance use treatment; (e) domestic violence intervention treatment within the purview of this section to be completed with a state-certified domestic violence intervention treatment program; (f) signature of the petitioner agreeing to the terms and conditions of the treatment program; and (g) proof of compliance with any active order to surrender weapons issued in this program or related civil protection orders or no-contact orders. 16. If the court grants this petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves: (a) an offense in which a person has incurred direct or threatened physical or psychological harm; (b) an offense that involves the use or possession of a firearm; (c) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; or (d) a sexual offense that requires me to register as a sex offender in Washington State. I understand that I will be required to pay an application fee with my travel or transfer request. 17. If I fail or neglect to comply with any part of my treatment plan or with any ignition interlock device requirements, then the court will hold a hearing to determine whether I should be removed from the deferred prosecution program. After the hearing, the court will either order that I continue with treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar offense during the deferred prosecution, the court will revoke the deferred prosecution and enter judgment. 18. The court will dismiss the charge(s) against me in this case 3 years from the end of the 2-year treatment program and following proof to the court that I have complied with the conditions imposed by the court following successful completion of the 2-year treatment program, but no less than 5 years from the date the deferred prosecution is granted, if the court grants this petition and if I fully comply with all the terms of the court order placing me on deferred prosecution. However, when a deferred prosecution is ordered for a petition brought under RCW 10.05.020(1) involving a domestic

violence behavior problem and the court has received proof that I have successfully completed the domestic violence treatment plan, the court shall dismiss the charges pending against me. RCW 10.05.120(3). I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing and agree with all of its provisions and that all statements made are true and correct. Dated at __________________, Washington this ____ day of ________________________, ______. _________________________________ Petitioner-Defendant

____________________________________ Defense Attorney/WSBA No.

Court of Washington For ________________________________ No: Plaintiff, vs.

Petition for Deferred Prosecution of Criminal Mistreatment Charge (DPPF) Violation Date:

Defendant. I am the defendant in this case and I petition the court for deferred prosecution of a criminal mistreatment

charge under RCW Chapter 10.05. Following are my statements in support of this petition: 1. I am the natural or adoptive parent of the alleged victim. 2. The wrongful conduct charged is the result of parenting problems for which I am in need of services. 3. I am in need of child welfare services under chapter 74.13 RCW to improve my parenting skills in order to better provide my child(ren) with the basic necessities of life. 4. I want to correct my conduct to reduce the likelihood of harm to my child(ren). 5. I have cooperated with the Department of Social and Health Services to develop a plan to receive appropriate child welfare services. 6. I agree to pay the cost of the services if I am financially able to do so. 7. I understand that the court will not accept a petition for deferred prosecution from me if I sincerely believe that I am innocent of the crime(s) or if I sincerely believe that I do not need child welfare services. 8. I have not previously been placed on a deferred prosecution for a Chapter 9A.42 RCW or similar municipal ordinance violation. 9. The Department of Social and Health Services’ case history and child welfare service plan have been filed with this petition as required by RCW 10.05.020. 10. I have the following rights: (a) to have a lawyer represent me at all hearings; (b) to have a lawyer appointed at public expense if I cannot afford one; (c) to have a speedy, public jury trial; (d) to appeal any conviction; (e) to remain silent and not testify; (f) to question witnesses who testify against me; (g) to call witnesses to testify for me, at no cost; (h) to be presumed innocent unless the charge(s) against me is (are) proved beyond a reasonable doubt; and (i) to present evidence and a defense. By deferring prosecution on these charges, I understand I give up my right to: (a) a speedy trial; (b) a jury; (c) testify on my own behalf; (d) call and (e) question witnesses; and (f) present evidence or a defense. 11. I agree that the facts as reported in the attached police reports are admissible in evidence and are sufficient to support conviction for the charged crime(s). I acknowledge that the above items will be used to support a finding of guilty if the deferred prosecution is revoked. 12. If my deferred prosecution is revoked and I am found guilty, I may be sentenced up to the maximum penalty allowed by law. 13. If I proceed to trial and I am found guilty, I may be allowed to seek suspension of some or all fines and incarceration if I seek treatment. I understand that I may seek treatment from a public or private agency at any time, whether or not I have been found guilty or placed on deferred prosecution.

14. If the court defers prosecution on any crime that would be a violation of a state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090, and if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030. If the court grants this petition, I may not operate a motor vehicle on the public highways without a valid operator’s license and proof of liability insurance pursuant to RCW 46.29.490. If my parenting problems and resulting wrongful conduct are based on alcohol dependency, I shall also be required to install an ignition interlock device under RCW 46.20.720. The required periods of interlock use shall be not less than the periods provided for in RCW 46.20.720, and subject to certification from the ignition interlock device vendor. RCW 46.20.720(4). I may also be required to pay restitution to victims, pay court costs, and pay probation costs authorized by law. To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining lawabiding behavior. Substance use disorder treatment programs shall require a minimum of two selfhelp recovery groups per week for the duration of the treatment program. The court may terminate the deferred prosecution program if I violate this paragraph. 15. If the court grants this petition, during the period of deferred prosecution I will be required to contact my probation officer, the probation director or designee, or the court if there is no probation department, to request permission to travel or transfer to another state if my wrongful conduct involves: (i) an offense in which a person has incurred direct or threatened physical or psychological harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) a sexual offense that requires me to register as a sex offender in Washington state. I understand that I will be required to pay an application fee with my travel or transfer request. 16. If I fail or neglect to comply with any part of my service plan, or with any ignition interlock device requirements, the court will hold a hearing to determine whether I should be removed from the deferred prosecution program. The termination of my parental rights with regard to the alleged victim due to abuse or neglect that occurred during the pendency of the deferred prosecution shall be per se evidence that I did not successfully complete the service plan. After the hearing, the court will either order that I continue with treatment or be removed from deferred prosecution and enter judgment. If I am convicted of a similar offense during the deferred prosecution, the court will revoke the deferred prosecution and enter judgment. 17. If the court grants my petition, the court will dismiss the charge(s) against me in this case when the court receives proof that I have successfully completed the child welfare service plan, or the service plan has been terminated because the alleged victim has reached his or her majority and there are no other minor children in the home. I certify under penalty of perjury under the laws of the state of Washington that I have read the foregoing and agree with all of its provisions and that all statements made are true and correct. Dated at __________________, Washington this ____ day of _________________________, ______. _________________________________ Petitioner-Defendant

____________________________________ Defense Attorney/WSBA No.

[Adopted effective September 1, 1987; Amended effective September 1, 1991; January 2, 1996; September 1, 1996; September 1, 1999; December 28, 1999; December 26, 2000; April 16, 2002; August 6, 2002; April 24, 2007; January 12, 2009; January 1, 2011; December 13, 2011; July 24, 2012; December 10, 2013; August 5, 2014; December 22, 2015; August 2, 2016; August 1, 2017; September 6, 2017; March 27, 2018; July 31, 2018; July 30, 2019; July 28, 2020; September 21, 2021; December 28, 2021; June 9, 2022; August 6, 2024.]

citation: CrRLJ CrRLJ 4.2

rule_number: CrRLJ 4.2


doc_type: court-rule

jurisdiction: wa

title: Joinder of Offenses and Defendants

text: CrRLJ 4.3 JOINDER OF OFFENSES AND DEFENDANTS (a) Joinder of Offenses. Two or more offenses may be joined in one charging document, with each offense stated in a separate count, when the offenses: (1) Are of the same or similar character, even if not part of a single scheme or plan; or (2) Are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan. The number of offenses in one charging document may be governed by local court rule. (b) Joinder of Defendants. Unless otherwise provided by local court rule, two or more defendants may be joined in the same charging document: (1) When each of the defendants is charged with accountability for each offense included; (2) When each of the defendants is charged with conspiracy and one or more of the defendants is also charged with one or more offenses alleged to be in furtherance of the conspiracy; or (3) When, even if conspiracy is not charged and all of the defendants are not charged in each count, it is alleged that the several offenses charged: (i) were part of a common scheme or plan; or (ii) were so closely connected in respect to time, place and occasion that it would be difficult to separate proof of one charge from proof of the others. Such defendants may be charged in one or more counts together or separately and it shall not be necessary to charge all defendants in each count. (c) Improper Joinder. Improper joinder of offenses or defendants shall not preclude subsequent prosecution on the same charge for the charge or defendant improperly joined. [Adopted effective September 1, 1987.]

license: public-domain-government-work

citation: CrRLJ CrRLJ 4.3

rule_set: CrRLJ

rule_number: CrRLJ 4.3


title: Consolidation for Trial

text: CrRLJ 4.3.1 CONSOLIDATION FOR TRIAL (a) Consolidation Generally. Offenses or defendants properly joined under rule 4.3 shall be consolidated for trial unless the court orders severance pursuant to rule 4.4. (b) Failure To Join Related Offenses. (1) Two or more offenses are related offenses, for purposes of this rule, if they are within the jurisdiction and venue of the same court and are based on the same conduct. (2) When a defendant has been charged with two or more related offenses, his or her timely motion to consolidate them for trial should be granted unless the court determines that because the prosecuting authority does not have sufficient evidence to warrant trying some of the offenses at that time, or for some other reason, the ends of justice would be defeated if the motion were granted. A defendant's failure to so move constitutes a waiver of any right of consolidation as to related offenses with which the defendant knew he or she was charged. (3) A defendant who has been tried for one offense may thereafter move to dismiss a charge for a related offense, unless a motion for consolidation of these offenses was previously denied or the right of consolidation was waived as provided in this rule. The motion to dismiss must be made prior to the second trial, and shall be granted unless the court determines that because the prosecuting authority was unaware of the facts constituting the related offense or did not have sufficient evidence to warrant trying this offense at the time of the first trial, or for some other reason, the ends of justice would be defeated if the motion were granted. (4) Entry of a plea of guilty to one offense does not bar the subsequent prosecution of a related offense unless the plea of guilty was entered on the basis of a plea agreement in which the prosecuting authority agreed to seek or not to oppose dismissal of other related charges or not to prosecute other potential related charges. (c) Authority of Court To Act. The court may order consolidation for trial of two or more charging documents if the offenses or defendants could have been joined in a single charging document under rule 4.3. [Adopted effective September 1, 1987.]

citation: CrRLJ CrRLJ 4.3.1

rule_number: CrRLJ 4.3.1


title: Severance of Offenses and Defendants

text: CrRLJ 4.4 SEVERANCE OF OFFENSES AND DEFENDANTS (a) Timeliness of Motion; Waiver. (1) A defendant's motion for severance of offenses or defendants must be made before trial, except that a motion for severance may be made before or at the close of all the evidence if the interests of justice require. Severance is waived if the motion is not made at the appropriate time. (2) If a defendant's pretrial motion for severance was overruled he or she may renew the motion on the same ground before or at the close of all the evidence. Severance is waived by failure to renew the motion. (b) Severance of Offenses. The court, on application of the prosecuting authority, or on application of the defendant pursuant to subsection (a), shall grant a severance of offenses whenever before trial or during trial with consent of the defendant, the court determines that severance will promote a fair determination of the defendant's guilt or innocence of each offense. (c) Severance of Defendants. (1) A defendant's motion for severance on the ground that an out-of-court statement of a codefendant referring to him or her is inadmissible against him or her shall be granted unless: (i) the prosecuting authority elects not to offer the statement in the case in chief; or (ii) deletion of all references to the moving defendant will eliminate any prejudice to him or her from the admission of the statement. (2) The court, on application of the prosecuting authority, or on application of the defendant other than under subsection (c)(1), should grant a severance of defendants whenever: (i) if before trial, it is deemed necessary to protect a defendant's rights to a speedy trial, or it is deemed appropriate to promote a fair determination of the guilt or innocence of a defendant; or (ii) if during trial upon consent of the severed defendant, it is deemed necessary to achieve a fair determination of the guilt or innocence of a defendant. (3) When such information would assist the court in ruling on a motion for severance of defendants, the court may order the prosecuting authority to disclose any statements made by the defendants which he or she intends to introduce in evidence at the trial. (d) Failure To Prove Grounds for Joinder of Defendants. If pursuant to section (a), a defendant moves to be severed at the conclusion of the prosecuting authority's case or of all the evidence, and there is not sufficient evidence to support the grounds upon which the moving defendant was joined or previously denied severance, the court shall grant severance if, in view of this lack of evidence, failure to sever prejudices the moving defendant. (e) Authority of Court To Act on Own Motion. The court may order a severance of offenses or defendants before trial if a severance could be obtained on motion of a defendant or the prosecuting authority. [Adopted effective September 1, 1987; Amended effective September 1, 2007; September 1, 2019.]

citation: CrRLJ CrRLJ 4.4

rule_number: CrRLJ 4.4


title: Pretrial Hearing

text: CrRLJ 4.5 PRETRIAL HEARING When a plea of not guilty is entered, the court may set a time for a pretrial hearing. The time set for the pretrial hearing should allow sufficient time for the lawyers to initiate and complete discovery, conduct further investigation of the case as needed, and continue plea discussions. [Adopted effective September 1, 1995.]

citation: CrRLJ CrRLJ 4.5

rule_number: CrRLJ 4.5


title: Depositions

text:
CrRLJ 4.6 DEPOSITIONS (a) When Taken. Upon a showing that a prospective witness may be unable to appear or prevented from appearing at a trial or hearing or if a witness refuses to discuss the case with either lawyer and that the witness’s testimony is material and that it is necessary to take the witness’s deposition in order to prevent a failure of justice, the court at any time after the filing of a complaint or citation and notice may upon motion of a party and notice to the parties order that the witness’s testimony be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be produced at the same time and place. (b) Notice of Taking. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and manner of appearance for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time and may change the manner of taking. (c) How Taken. A deposition shall be taken in the manner provided in the Civil Rules for Courts of Limited Jurisdiction. No deposition shall be used in evidence against any defendant who has not had notice of and an opportunity to participate in or appear at the taking thereof. (d) Use. Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as witness, or as substantive evidence under circumstances permitted by the Rules of Evidence. (e) Objections to Admissibility. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.

[Adopted effective September 1, 1987; Amended effective July 9, 2024.]

citation: CrRLJ CrRLJ 4.6

rule_number: CrRLJ 4.6


title: Discovery

text:
CrRLJ 4.7 DISCOVERY (a) Prosecuting Authority's Obligations. (1) Except as otherwise provided by protective orders or as to matters not subject to disclosure, the prosecuting authority shall, upon written demand, disclose to the defendant or the defendant’s counsel the following material and information within the prosecuting authority’s possession or control concerning: (i) the names and addresses of persons whom the prosecuting authority intends to call as witnesses at the hearing or trial, together with any written or recorded statements and the substance of any oral statements of such witnesses; (ii) any written or recorded statements and the substance of any oral statements made by the defendant, or made by a codefendant if the trial is to be a joint one; (iii)any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and scientific tests, experiments, or comparisons; (iv) any books, papers, documents, photographs, or tangible objects which the prosecuting authority intends to use in the hearing or trial or which were obtained from or belonged to the defendant; (v) any record of prior criminal convictions known to the prosecuting authority of the defendant and of persons whom the prosecuting authority intends to call as witnesses at the hearing or trial; (vi) any electronic surveillance, including wiretapping, of the defendant's premises or conversations to which the defendant was a party and any record thereof; (vii) any expert witnesses whom the prosecuting authority will call at the hearing or trial, the subject of their testimony, and any reports relating to the subject of their testimony that they have submitted to the prosecuting authority; (viii) any information indicating entrapment of the defendant; (ix) specified searches and seizures; (x) the acquisition of specified statements from the defendant; and (xi) the relationship, if any, of specified persons to the prosecuting authority. (2) Unless the court orders otherwise, discoverable materials shall be made available for inspection and copying within 21 days of arraignment or within 21 days of receipt of the demand by the prosecuting authority, whichever is later. (3) Except as otherwise provided by protective orders, the prosecuting authority shall disclose to defendant's lawyer any material or information within the prosecuting authority’s knowledge that tends to negate defendant's guilt as to the offense charged. (4) The prosecuting authority's obligation under this section is limited to material and information within the actual knowledge, possession, or control of members of the prosecuting authority’s staff.

(b) Defendant's Obligations. (1) Except as otherwise provided by protective orders or as to matters not subject to disclosure, the defendant shall, upon written demand, disclose to the prosecuting authority the following material and information within the defendant’s possession or control concerning: (i) the names and addresses of persons whom the defendant intends to call as witnesses at the hearing or trial, together with any written or recorded statements and the substance of any oral statements of such witnesses; (ii) any books, papers, documents, photographs, or tangible objects which the defendant intends to use in the hearing or (iii) any expert witnesses whom the defendant will call at the hearing or trial, the subject of their testimony, and any reports relating to the subject of their testimony that they have submitted to the defendant; (iv) any claim of incompetency to stand trial; (v) whether the defendant’s prior convictions will be stipulated or need to be proved; (vi) whether or not the defendant will rely on a defense of insanity at the time of the offense; and (vii) the general nature of the defendant’s defense. (2) Unless the court orders otherwise, discoverable materials shall be made available for inspection and copying not later than 14 days prior to the date set for trial. (3) References in this section to defendant shall be deemed to include the defendant's lawyer, where appropriate. (c) Physical and Demonstrative Evidence. (1) Notwithstanding the initiation of judicial proceedings, and subject to constitutional limitations, the court on motion of the prosecuting authority or the defendant may require or allow the defendant to: (i) appear in a lineup; (ii) speak for identification by a witness to an offense; (iii) be fingerprinted; (iv) pose for photographs not involving reenactment of the crime charged; (v) try on articles of clothing; (vi) permit the taking of samples of or from the defendant’s blood, hair, and other materials of the defendant’s body, including materials under the defendant’s fingernails, that involve no unreasonable intrusion thereof; (vii) provide specimens of the defendant’s handwriting; and (viii) submit to a reasonable physical, medical, or psychiatric inspection or examination.

(2) Provisions may be made for appearance for the purposes stated in this section in an order for pretrial release. (d) Material Held by Others. Upon defendant's request and designation of material or information in the knowledge, possession or control of other persons which would be discoverable if in the knowledge, possession or control of the prosecuting authority, the prosecuting authority shall attempt to cause such material or information to be made available to the defendant. If the prosecuting authority's efforts are unsuccessful and if such material or persons are subject to the jurisdiction of the court, the court shall issue suitable subpoenas or orders to cause such material to be made available to the defendant. (e) Discretionary Disclosures. (1) Upon a showing of materiality and if the request is reasonable, the court in its discretion may require disclosure of the relevant material and information not covered by sections (a) and (d). (2) The court may condition or deny disclosure authorized by this rule if it finds that there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals or unnecessary annoyance or embarrassment resulting from such disclosure, which outweigh any usefulness of the disclosure to the defendant. (f) Matters Not Subject to Disclosure. (1) Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports or memoranda to the extent that they contain the opinions, theories or conclusions of investigating or prosecuting agencies except as to material discoverable under subsection (a)(1)(iii). (2) Informants. Disclosure of an informant’s identity shall not be required when the informant’s identity is a prosecution secret and a failure to disclose will not infringe on the constitutional rights of the defendant. Disclosure of the identity of witnesses to be produced at a hearing or trial shall not be denied. (g) Regulation of Discovery. (1) Investigations Not To Be Impeded. Except as otherwise provided by protective orders or as to matters not subject to disclosure, neither the lawyers for the parties nor other prosecution or defense personnel shall advise persons, other than the defendant, who have relevant material or information to refrain from discussing the case with the opposing lawyer or showing the opposing lawyer any relevant material, nor shall they otherwise impede the opposing lawyers investigation of the case. (2) Continuing Duty To Disclose. If, after compliance with this rule or orders pursuant to it, a party discovers additional material or information that is subject to disclosure, that party shall promptly notify the other party or counsel of the existence of such additional material. If the additional material or information is discovered during trial, the court shall also be notified. (3) Custody of Materials. Any materials furnished to a lawyer pursuant to these rules shall remain in the exclusive custody of the lawyer and be used only for the purposes of conducting the party's side of the case, unless otherwise agreed by the parties or ordered by the court, and shall be subject to such other terms and conditions as the parties may agree or the court may provide. Further, a defense lawyer shall be permitted to provide a copy of the materials to the defendant after making appropriate redactions that are approved by the prosecuting authority or order of the court.

(4) Protective Orders. Upon a showing of cause, the court may at any time order that specified disclosure be restricted or deferred or make such other order as is appropriate, provided that all material and information to which a party is entitled must be disclosed in time to permit the party’s lawyer to make beneficial use of it. (5) Excision. When some parts of certain material are discoverable under this rule and other parts are not discoverable, as much of the material shall be disclosed as is consistent with this rule. Material excised pursuant to judicial order shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. (6) In Camera Proceedings. Upon request of any person, the court may permit any showing of cause for denial or regulation of disclosure, or portion of such showing, to be made in camera. A record shall be made of such proceedings. If the court enters an order granting relief following a showing in camera, the entire record of such showing shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal. (7) Sanctions. (i) If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with an applicable discovery rule or an order issued pursuant thereto, the court may order such party to permit the discovery of material and information not previously disclosed, grant a continuance, or enter such other order as it deems just under the circumstances. (ii) The court may at any time dismiss the action if the court determines that failure to comply with an applicable discovery rule or an order issued pursuant thereto is the result of a willful violation or of gross negligence and that the defendant was prejudiced by such failure. (iii) A lawyers willful violation of an applicable discovery rule or an order issued pursuant thereto may subject the lawyer to appropriate sanctions by the court. [Adopted effective September 1, 1987; Amended effective September 1, 2005; May 2, 2023; October 1, 2024; April 29, 2025.]

citation: CrRLJ CrRLJ 4.7

rule_number: CrRLJ 4.7