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Qualifying for the Deferred Program with a Felony

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  • 11-26-2008, 11:20 AM
    lawstudent152
    Qualifying for the Deferred Program with a Felony
    My question involves criminal law for the state of: Washington

    In 2006 I was driving pulling my car into my driveway from the street. My girlfriend was sitting on the hood and jumped off as I pulled in. When she jumped off she twisted her ankle. Turns out she got a hair line fracture. My neighbors saw the whole incident. We called 911 shortly after her ankle started swelling because we had realized it was more than just a sprained ankle. Long story short, the police also came and the neighbors gave them a statement of what had happened. By the time the police arrived, I was no longer home. (Because I had a couple beers, literally, 2!) I received a phone call from the police department a couple days later and they asked me for a statement. They also asked me if I had been drinking and I said yes, I had a couple beers at my house because we were having a bbq. (I know stupid)

    Later I received a court date for vehicular assault in the King County Superior Court. I paid an over priced attorney to pretty much do nothing for me. I was given one plea bargain which was plea guilty to vehicular assault. 60 days with work and education release. If you don't we will ask the judge to add on hit and run + vehicular assault because you were not at the scene of the crime when the police arrived. By doing this you may be looking at possible prison time. I was shocked, I have a clean record and have never been in any trouble with the law in anyway.

    My girlfriend at the time was willing to go to court and do anything for me to say she was voluntarily on my hood and voluntarily jumped off.. However that didn't matter. My attorney told me it was a good plea bargain and if I took it to trial, I would stand the chance of going to prison for a year. If I accepted the plea bargain I could stay at a work release facility for 60 days. He told me you just sleep there, thats all. He also said the charges could be cleared off my record in 5 years.

    It has been 2 years now. After doing my research on my own I have come to realize two things. I may be wrong..

    A) Vehicular Assault in the state of Washington can not be expunged ever if there was alcohol involved.

    B) I may have been able to get a deferred program, (is it too late??)

    After meeting someone in my university who crashed his car while heavily intoxicated in this state and caused substantial body harm to another person. He was charged with vehicular assault and told me he was on a 5 year deferral program. The charges would be dismissed in 5 years.

    Why did I get so screwed? Is there anything I can do? I plan to graduate in 6 months with my BA and I am worried I wont be able to find a job. Please advise.
    Thank you guys so much!
  • 11-27-2008, 10:22 PM
    Betty3
    Re: Qualifying for the Deferred Program with a Felony
    If you want to see what your options are, you will need to talk to an attorney.
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