The Seattle Municipal Court probation department is the compliance monitoring body of the court system. Located on the 8th floor of the Seattle Justice Center, the probation department is in charge of marshalling those who have been convicted of an offense in Seattle Municipal Court through the conditions that the court imposed at sentencing. It also reports compliance or the lack thereof to the sentencing judge.
In the DUI context, the probation department is utilized by the court in one of three circumstances.
Compliance With Sentence Imposed Upon Conviction
If a person has been convicted of either a DUI or or a lesser offense (Reckless Driving, Reckless Endangerment, Negligent Driving in the First Degree), he or she will normally be ordered to appear at the probation department directly after the sentencing hearing or within 24 hours if probation is closed. Probation will then set up an intake interview and assign a probation officer. The period of probation can last anywhere from one or two years to up to five years (on DUIs). The probation officer will then monitor compliance with all affirmative obligations such as alcohol evaluations, follow up treatment recommendations, attendance at DUI victim's panel, and payment of fines. The officer will also report to the court if any of the prohibited conditions have occurred such as new law violations, driving without a license or insurance, refusals to take breath tests, failure to attend probation meetings, etc.
It is important to know that active probation is not required in all cases of conviction or by all judges. If all of the affirmative conditions were completed by the defendant prior to the time of sentencing, in many cases the sentencing judge will waive the requirement of active probation, thus saving time and expense. That is yet another reason why it is so important to be proactive in completing the task set forth by your attorney. That is also why it is important to consult with an experienced Seattle DUI lawyer for a DUI filed in Seattle Municipal Court.
Deferred Prosecution
In every case where a person enters into a deferred prosecution, the judges of Seattle Municipal Court will order active probation. That means that in addition to monitoring all of the conditions of the deferred prosecution, the probation officer will likely take a more active role than if where merely monitoring sentence compliance. In Seattle Municipal Court, probation officer are much more active than they are in most other jurisdictions across the state. Periodic meetings and call-ins are routine. Importantly, a failure to live up to the expectations of the probation officer, even if that condition is not expressed in the order for deferred prosecution, could potentially result in a revocation of the deferred prosecution. If you are on a deferred prosecution and are having difficulties with probation, consult with your lawyer or another Seattle DUI attorney.
Pretrial Diversion Agreements
Occasionally, but rarely, probation will be used to monitor agreements between the City of Seattle and the defense. These arrangements, know as pretrial diversion agreements are agreements to continue the case for reduction of a charge or dismissal. This is probably an inappropriate use of probation as it is an agreement between the parties and not an order of the court. Anytime such an agreement is suggested, there should be an objection to the use of probation.
The bottom line is if you have been ordered into active probation, not only do you need to satisfy the sentencing or overseeing judge, you will have to satisfy a probation officer. This often times presents a problem. If you are having an issue with probation in Seattle, make sure to consult with a Seattle DUI lawyer as soon as you can.