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What does motion to revoke mean?

Bremerton, WA |

I got busted for underage DUI and i believe filled as a misdumeaner and i spent a night in jail as part of my deal and i was supposed to take an AA meeting and a Chemical Dependency (CD) eval. but i didnt have the money or transportation to get there and i got a letter today saying i am summoned. I spent the night in jail and i havent paid off my fines do to being unemployed and i wasnt able to go to the eval or the AA meeting. What will happen to me?

This is my first offence and it happened back in late oct. 2009

and yes i know Revoke means take away

Attorney Answers 4


Revoke means take away.

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It could mean a few things depending on the status of your case. My guess is you did one of three things. Either you entered a Stipulated Order of Continuance, a deferred prosecution or you plead guilty.

An S.O.C. is a contract between you and the prosecutor. The prosecutor agrees not to prosecute the case for a specific period of time and you agree to do certain things in return. If you don't fulfill your end of the bargain the prosecutor can move to revoke the agreement. If the agreement is succesfully completed the prosecution will either amend or dismiss the original charge.

A deferred prosecution is similar to an S.O.C. excpet that it's created by statute and many of the requirements are set by law. Also, you petition the court for this instead of making a pact with the prosecution. The charge is not prosecuted for a specific period and then dismissed if all the terms are complied with. Motion to revoke would be to take away the deferral ,enter a plea of guilty and sentence you.

If you plead guilty, and some of the sentence was suspended, the prosecutor or probation may be moving to revoke (impose) some of the suspended time.

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If you got summoned to appear in court. The Judge probably wants to address your lack of compliance with what you agreed to do. Sometimes though a Judge will give a person a second chance before they revoke any agreements they entered into or impose jail as a sanction.

Probably the best thing to try and do is ask the Judge to give you more time so you can complete the eval and AA meeting. Since you dont have any criminal history the Judge might give you a second chance. However you should probably schedule the Eval right now, and do a couple AA meetings, so when you appear in front of the Judge you can say you are trying.

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I practice in Kitsap County. One of two things happend - First, either you plead Guilty to a under 21 DUI and the 1 day jail was prior to court in lieu in seeing the Judge for conditions of release. Second, you could have entered a "Pre Trial Diversion Agreement" and the Eval was a condition of the PDA. (We don't have SOC's here in Kitsap)

Either way, the situation may be salvageable. Go get an eval. We can make some suggestions on where to go for an eval that can get you in quickly. You need to talk to a defense attorney that practices in the Kitsap area.

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