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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Petition for Court-Monitored Deferral - Page 1 of 3 IN THE EVERETT MUNICIPAL COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SNOHOMISH CITY OF EVERETT, CASE NO. Plaintiff, PETITION FOR COURT-MONITORED DEFERRAL vs. TRIAL DATE: , **Petition must be filed at least 7 days before the date set for trial Defendant. I am the defendant in this case and I petition the court for a Court-Monitored Deferral for a period of month(s) under Title 10 of the Everett Municipal Code (Ord. 3266-12). I make the following statement in support of my petition: 1. I am charged with: a. which is a ¨ Gross misdemeanor, punishable by jail time up to 364 days and/or a $5000 fine ¨ Misdemeanor, punishable by jail time up to 90 days and/or a $1000 fine b. which is a ¨ Gross misdemeanor, punishable by jail time up to 364 days and/or a $5000 fine ¨ Misdemeanor, punishable by jail time up to 90 days and/or a $1000 fine c. which is a ¨ Gross misdemeanor, punishable by jail time up to 364 days and/or a $5000 fine ¨ Misdemeanor, punishable by jail time up to 90 days and/or a $1000 fine 2. a. The wrongful conduct charged is the result of or caused by [ ] Alcoholism [ ] Drug Addiction [ ] Mental Problems, for which I need treatment. Unless I receive treatment for my problem, the probability is great that I will offend again. b. The wrongful conduct charged is [ ] a crime of Domestic Violence. Unless I receive treatment for being a perpetrator of Domestic Violence the probability is great that I will offend again. 3. I agree to the conditions of a Court-Monitored Deferral, which are: a. Have no criminal law violations during the period of the Deferral; b. Complete the treatment as set forth in the treatment plan attached to this petition; c. Pay the cost of treatment; d. Pay standard probation costs for supervision and monitoring; e. Pay cost of Court-appointed Counsel; f. Pay restitution as ordered by the Court; g. ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Petition for Court-Monitored Deferral - Page 2 of 3 4. A case history and assessment and treatment plan are attached to this petition as required by City of Everett Ordinance No. 3266-12 Section 2.A. 5. I acknowledge that I have the following rights: To have a trial in 60/90 days; have the matter heard before a jury; present a defense, including questioning of witnesses who testify against me, testifying on my own behalf if I so choose, calling witnesses to testify for me at no cost, and presenting other evidence; be presumed innocent unless the charge(s) against me is (are) proved beyond a reasonable doubt; and appeal any conviction. By deferring prosecution on these charges, I waive my right to speedy and jury trial. I retain my right to present a defense at any hearing where there is an allegation that I have violated the terms of the CMD. If there is a determination by the court that I have violated the CMD and the CMD is revoked, then I waive my right to present a defense and to challenge evidence against me regarding the underlying charges. 6. I understand that this Petition and the statements contained in it are not an admission of guilt. 7. I agree that the police report and/or other agreed-upon factual record of my conduct (“factual record”) will be placed in the court file for administrative efficiency but NOT admitted into evidence at the time of the entry of this Petition or at the time of the Order granting the Court- Monitored Deferral. I understand that the factual record will NOT be considered evidence to support a finding of guilt unless the matter proceeds to a stipulated trial as described below. 8. I understand that if Probation reports to the Judge that I appear to have violated the conditions of the Court-Monitored Deferral, a hearing may be set to review my compliance. At the hearing, evidence will be taken of my alleged violation of the Court-Monitored Deferral, and I will have the right to present evidence showing that there was no violation. 9. I understand that following the hearing to determine whether or not I have violated the Court- Monitored Deferral, if the Judge finds a willful violation by a preponderance of the evidence, the matter will proceed to a stipulated trial. I understand that a stipulated trial means that the Judge will read and review the factual record to determine my guilt or innocence of the charge(s), and I acknowledge that I will not be allowed to object to admission of the factual record into evidence or contest the lawfulness of any search or seizure that may have occurred in the matter. 10. If my Court-Monitored Deferral is revoked and I am found guilty following a stipulated trial, I understand that (INITIAL EACH ITEM): The Judge may impose any sentence up to the maximum, no matter what the prosecutor or the defense recommends. If the crime(s) for which I am found guilty are domestic violence crimes, I might lose the right to bear, possess or own firearms until that right is restored by the Superior Court. If I am not a United States citizen, a conviction of the charge(s) may be grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. 11. I understand that the prosecutor has agreed that at the expiration of the period of the Court- Monitored Deferral, if I have complied with all terms and conditions required of me by the Court- Monitored Deferral, the Court will enter an Order: ¨ Dismissing the charge(s) OR ¨ Amending the charge(s) to ---PAGE BREAK--- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Petition for Court-Monitored Deferral - Page 3 of 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 Assistant City Attorney/WSBA No. Petitioner – Defendant Defense Attorney/WSBA No. Interpreter’s 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 interpreted 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)