Richland, WA asked in Criminal Law for Washington

Q: In the State of Washington, what does “deferred” mean pertaining to a charge.

Years ago I received a reckless endangerment charge, and paid all the fines and restitution. After it was all said and done, it was deferred. What does the deferred mean when talking about a charge in the state of Washington.

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1 Lawyer Answer
Stan Glisson
Stan Glisson
Answered
  • Criminal Law Lawyer
  • Tacoma, WA
  • Licensed in Washington

A: Different courts unfortunately sometimes use the term differently.

There is a statute (RCW 3.66.067) that allows district or municipal court judges to 'defer' a sentence. That means that even if there is a guilty plea, at the end of probation the judge can allow the defendant to withdraw the plea and have the charge dismissed. Not many courts use this option in my experience, but that could be what happened.

You should ask your lawyer to explain what happened in your case, or hire a new lawyer to look up the court file and go through it for you. You may need to file a separate motion for dismissal under the deferral statute.

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