I have been Charged with a d.v. In the 4th degree. My counselor suggested an s.o.c. What is it?

Asked over 1 year ago - Toppenish, WA

I have entered an anger management program on my own and she asked if I had gotten one . I was suspended from work for this offense and she said it might help me .

Attorney answers (5)

  1. Blake Nathaniel Dore

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . SOC probably means a stipulated order of continuance. usually, you do something like a class and stay out of trouble while your case is on hold in exchange fir a dismissal at the end of the hold. it can also be called diversion. the SOC may be offered by the prosecutor or your attorney could negotiate for it. don't have an attorney yet? get one! they'll bee able to tell you if the SOC is a good deal or not.

    Please don't consider this free information to be legal advice. If you want legal advice, you should retain an... more
  2. Jessica Lorene Campbell

    Contributor Level 13

    4

    Lawyers agree

    Answered . Do you have an attorney on this? He/she should explain this to you if it is an option in your case. An SOC continues out the case for a set period of time (6mo, 12mo, or 24 mo generally) and has mandatory conditions agreed upon between you and the prosecutor, which may include that you pay a fee, attend treatment, and stay out of trouble (no criminal law violations) for the period. If at the end of the period, you have complied with the conditions, the prosecutor will dismiss the case.

    If you violate the conditions, the judge will read the police reports and find you guilty of the crime, based on the police reports alone. Part of the SOC is that you agree to the facts in the police report and waive many constitutional rights, such as your right to go to trial. So if you violate the SOC, a judge alone will decide if you are guilty and you don't have the ability to challenge or object to facts in the police report. For a defendant that will not have trouble staying out of trouble for a while, an SOC is an excellent resolution to a case.

  3. Patrick Owen Earl

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Your counselor sounds like she know the terms and different option on a case like this HOWEVER she/he isn't an attorney and shouldn't be giving legal advise!!!!! Get an attorney so that things are done correctly. Get one now.

  4. Craig Andrew Cahoon

    Contributor Level 10

    2

    Lawyers agree

    Answered . An SOC is a contract, nothing more. You agree to do some things and not do some things. If you hold up your end of the bargain then the prosecutor agrees to do something for you. Typically this means the case will be dismissed in the end. Occasionally, the prosecutor will only agree to amend the charge down to a less serious one.

    The things you agree to do are a product of negotiation but typically include: DV counseling, alcohol evaluation + follow up (if alcohol was a factor), and stay out of trouble.

    You will benefit from having an attorney negotiate the terms of the stipulated order of continuance for you.

    Craig Cahoon The Cahoon Law Office, PLLC 206-795-1779 cahoonlaw@gmail.com
  5. Daniel Nelson Deasy

    Contributor Level 20

    2

    Lawyers agree

    Answered . Probably a silly question, but why don't you ask the counselor?

    As for the charges, you need a criminal defense attorney pronto.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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