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City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 8.6.16 Clerk’s Office Copy IN THE MUNICIPAL COURT OF EVERETT SNOHOMISH COUNTY, WASHINGTON CITY OF EVERETT, a municipal corporation, CASE NO. «CASE NUMBER» Plaintiff, PROSECUTORIAL OFFER OF DIVERSION POST-FILING vs. (POD) «DEFENDANT FULL NAME», Review Date: Defendant. IN THE ABOVE CAPTIONED MATTER, the following parties agree: «PROSECUTOR NAME» Attorney for the City of Everett «DEFENDANT FULL NAME» Defendant, represented by counsel «DEFENSE ATTORNEY» Attorney for Defendant 1. SUMMARY OF AGREEMENT: This criminal matter is continued until the date and time listed above. If, on that date and at that time, Defendant has complied with the terms of this agreement, the criminal matter shall be either A. Dismissed with prejudice, or B. Amended If on that date, or at an earlier date of review, Defendant has not complied with this agreement, this matter shall proceed to a revocation hearing and a bench trial on the uncontested reports/photos/recordings under Everett Police case DD «INCIDENT NO», provided previously in discovery to Defense, which Defendant acknowledges receipt of for administrative purposes but not yet admitted as evidence. 2. MONITORING AND REVIEW: All terms and conditions must be completed by the date listed above unless an earlier date is agreed by the parties. The City will monitor for new criminal charges and may bring a motion to revoke this agreement based on new charges at any time up to and including the hearing date above or another date as agreed by the parties. Failure to appear at this hearing or other properly noted hearings may result in the issuance of a bench warrant and the extension of this agreement until the next court date. Any continuances beyond the date above will constitute an extension of this agreement. 3. AGREEMENT: This agreement is based upon the following understood, agreed, ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 undisputed, and binding terms and conditions: A. Defendant agrees that any new criminal law violation that is alleged to have occurred in any jurisdiction during the pendency of this agreement and results in either: a) a disposition of guilty, b) a prosecutorial diversion or deferred disposition, or c) any other final disposition other than dismissal by the end date of this agreement as listed on page 1, shall be a violation of this agreement and will result in the prosecutor moving to revoke the agreement and for a bench trial as set out in this agreement. B. Defendant agrees that any new criminal law violation that alleged to have occurred in any jurisdiction during the pendency of this agreement and pending on the review date on page 1 of this agreement shall constitute a violation if the City proves, by a preponderance of evidence that the defendant did in fact commit the alleged offense. C. Defendant agrees not to attack the validity of this agreement or object to any evidence presented against the Defendant as to Defendant’s guilt or innocence regarding the underlying charge(s) at any future hearings if the Defendant fails to comply with the conditions of this agreement. Defendant understands that this agreement and the statements contained in it are not an admission of guilt and are not sufficient by themselves to warrant a finding of guilt. However, the Defendant understands that if the Defendant does not comply with the conditions of this agreement, evidence will be presented against the Defendant at a future hearing and the judge will read and review uncontested the evidence in determining the Defendant’s guilt or innocence. D. Defendant shall have the right to challenge the reasonableness of the City’s motion to revoke this agreement based on a stated violation and ask the Court to find that the City’s motion to revoke was not reasonable. E. Defendant agrees to appear at every hearing that is ordered by the Everett Municipal Court in connection with this matter and update the court of any changes in address. Failure to appear may result in the issuance of a bench warrant in this matter. F. If Defendant complies with the agreement, the City agrees to 1. Dismiss the charge(s) with prejudice; or 2. Amend to A. Defendant agrees to plead guilty to the amended charge and has already signed the attached plea form after thoroughly reviewing the plea form with an attorney and with a full understanding of the rights that will be waived upon entry of a plea. B. The City’s recommendation contained in the plea form is for the Court to impose no jail, no fine, only mandatory costs, no probation ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 and that the matter should be closed as a conviction without supervision. 4. WAIVER OF RIGHTS: Defendant agrees to knowingly, intelligently, and voluntarily waive the following constitutional rights as a condition to being offered this agreement: A. Timeliness—Defendant agrees to waive the right to challenge the timeliness of any hearing, proceeding, or anything else, including but not limited to the timeliness of arraignment or setting of hearings. B. Constitutional Challenges—If found in violation of this agreement, Defendant agrees to waive the right to challenge the constitutionality and legality of any investigative or custodial detention, arrest, or interrogation; and waives the right to challenge the constitutionality and legality of any search or seizure; and waives the right to challenge the sufficiency of Miranda warnings or the voluntariness of any statement made. If found in violation of this agreement, Defendant also agrees to waive the right to challenge the constitutionality and legality of any evidence admitted at a future hearing regarding Defendant’s guilt or innocence regarding the underlying charges, including the police report associated with this charge or any other evidence upon which the judge will rely to determine Defendant’s guilt or innocence. All rights waived include future changes in the law. C. Speedy Trial—Defendant agrees to waive the right to speedy trial until at least ninety days after the end date of this agreement and agrees to do so by execution of a Speedy Trial Waiver, attached and incorporated herein. D. Jury Trial—Defendant waives the right to have a jury trial in this matter and agrees to do so by execution of a Jury Trial Waiver, attached and incorporated herein. 5. TERMS AND CONDITIONS: A. Consumer Awareness Class: The Defendant agrees to attend and complete one session of a Consumer Awareness Class. B. Alcohol/Drug Information School The Defendant shall attend and complete Alcohol/Drug Information School C. Community Service: The Defendant agrees to complete Hours of community service and provide valid proof of completion by the end of this agreement. D. Court Orders: The Defendant shall comply with any pre-trial orders entered by this Court as a continued pre-trial release unless modified by the Court. E. No Contact Order: The Defendant shall comply with a No Contact Order entered by separate order of this Court. The Defendant shall comply with the No Contact Order until lifted by the Court. Violation of this order may result in revocation of this agreement and possible new criminal charges. If applicable, Defendant agrees to comply with all protective orders entered by this or any other Court. ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 F. No victim contact: The Defendant shall have no contact with the victim of these charges or the following additional G. Anger Management: The Defendant shall attend and complete an Anger Management course 8-hour 16-hour. H. Online DV class: The Defendant shall attend and complete an Anger Management course 8-hour 16-hour. I. DV Victim Panel: The Defendant agrees to attend and complete one session of a Domestic Violence Victim Panel J. Driving Class: The Defendant shall attend and complete a 1-day defensive driving class 2-day Aggressive driving. K. Restitution: The Defendant shall pay restitution in the following amount or reserve restitution in an amount not to exceed: L. Other Conditions: 6. VIOLATION HEARING: Defendant agrees that failure to comply with any of the terms and condition of this entire agreement may result in the prosecutor requesting a hearing before the Court to revoke the agreement followed by a bench trial where evidence will be presented against the defendant before a judge. The defendant further understands that the Judge will read and review that evidence in determining defendant’s guilt. Defendant understands that this means the Judge will read the police report and other materials attached or submitted by the prosecutor at a future hearing, and, based only upon this evidence, the Judge will decide if Defendant is guilty of the crime of 7. SENTENCING: Defendant understands that the maximum sentence is 364 days in jail and/or a $5000.00 fine for a gross misdemeanor and 90 days in jail and/or a $1000.00 fine for a misdemeanor. This charge is a gross misdemeanor / misdemeanor. Defendant understands if found guilty by the Judge, the Judge can impose any sentence up to the maximum, no matter what the prosecuting authority or the defense recommends. 8. STIPULATION TO THE ADMISSIBILITY OF POLICE REPORTS: I, Defendant in this matter, understand that the police report and other attached materials have been marked as an exhibit for administrative purposes only, but have not yet been admitted into evidence. I understand that, should I violate this agreement, I have waived any objection to their admission into evidence at a future hearing. DATED this________day of PRESENTED BY: ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 «PROSECUTOR NAME», WSBA #«BAR NO.», City of Everett, Assistant City Attorney APPROVED AS TO SUBSTANCE AND FORM: I have read this agreement and all of its terms and conditions, and waiver of rights as listed above, fully understand the same, and hereby agree to comply with all terms and conditions; and knowingly, intelligently, and voluntarily waive all rights listed above; I agree that no one has made any threats or promises to get me to enter into this agreement other than those recommendations made in this agreement by the Prosecutor. I agree that this agreement is understood, agreed, undisputed, and binding upon me, the above listed Defendant, and hereby enter into and assent to the terms of this agreement by executing my signature below: Defendant «DEFENSE ATTORNEY» Attorney for Defendant INTERPRETER’S DECLARATION I am a certified interpreter or have been found otherwise qualified by the court to interpret in the language, which the defendant understands, and I have translated the Prosecutorial Offer of Diversion for the defendant from English into that language. The defendant has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Dated: Interpreter Location: ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 IN THE MUNICIPAL COURT OF EVERETT SNOHOMISH COUNTY, WASHINGTON CITY OF EVERETT Case No. «CASE NUMBER» Plaintiff, vs. WAIVER OF JURY TRIAL / WAIVER OF SPEEDY TRIAL «DEFENDANT FULL NAME», Defendant. WAIVER OF RIGHT TO JURY TRIAL The undersigned, defendant in the above matter, having been advised that he/she has the right to a trial by jury in the above matter, states: I have been advised and understand that I have an absolute right to a trial by jury in the above case. I understand that the Court must set the trial before a jury unless I voluntarily and willingly waive my right to a jury trial. I sign this Waiver of Jury Trial because I do not wish a trial by jury, but by a Judge only. I am voluntarily and willingly waiving my right to a jury trial and I further certify (state or say) that no promises of any kind, or other statements by the Judge, have persuaded me to sign this waiver. DATED this Defendant WSBA # ATTORNEY FOR DEFENDANT The court accepts the waiver and finds it to be voluntary. DATED this . Judge/Court Commissioner WAIVER OF RIGHT TO SPEEDY TRIAL I am aware that I have the right to a trial within 60 days of the commencement date if I am in jail on this case, or 90 days of the commencement date if I am not in jail on this case. I wish to give up this right and I agree that the new commencement date is I understand that the expiration date is (60 or 90 days after date specified above). THIS WAIVER IS VALID ONLY IF PERSONALLY SIGNED BY THE DEFENDANT. Signed this Everett, Washington. Defendant WSBA # ATTORNEY FOR DEFENDANT INTERPRETER’S DECLARATION ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 I am a certified interpreter or have been found otherwise qualified by the court to interpret in the language, which the defendant understands, and I have translated the Prosecutorial Offer of Diversion for the defendant from English into that language. The defendant has acknowledged his or her understanding of both the translation and the subject matter of this document. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Dated: Interpreter Location: ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 POD Summary NAME_«DEFENDANT FULL NAME» CASE# «CASE NUMBER» Review Conditions: Check if it applies 1. No new criminal violations 2. Online DV class 3. Community Service 4. Consumer awareness class 5. Alcohol/Drug Info School 6. Anger Mgmt 7. Driving class 8. Complying with court orders 9. Restitution 10. ---PAGE BREAK--- City Attorney’s Office – Criminal Division V. 1 EFFECTIVE 7.01.25 POD Summary NAME_«DEFENDANT FULL NAME» CASE# «CASE NUMBER» Review Conditions: Check if it applies 1. No new criminal violations 2. Online DV class 3. Community Service 4. Consumer awareness class 5. Alcohol/Drug Info School 6. Anger Mgmt 7. Driving class 8. Complying with court orders 9. Restitution 10.