Thurston County (Lacey & Tumwater) – Options For Criminal Case Resolutions

Thurston is considered a more progressive court in terms of therapeutic court options as well as a focus on restorative justice. Unlike many other criminal courts in the state, Thurston District is more accessible to defense attorneys and there is a concerted effort to get cases negotiated.

Due to a focus on therapeutic and restorative models, the Thurston District Court prosecutors tend to be more accepting of jail alternatives as part of a negotiated plea. They are very committed to Drug Court and Veterans Court as alternatives to jail because they focus on rehabilitation for non-violent offenders. These programs require a tremendous about of treatment and involvement but they can often result in a defendant avoiding jail time.

Thurston also offers community service and other options for alternative sentencing. Some cases do not qualify for alternative sentencing, particularly where violence is involved or the defendant has extensive criminal history, so it is often up to the defense attorney to try to negotiate all or some of the incarceration time with the prosecutor in advance so that it is agreed prior to entering a plea.

If you are facing an assault case that involves the special allegation of Domestic Violence (DV), the prosecutor is less likely to offer therapeutic options. This is because most prosecutors consider any criminal charge that involves a domestic relationship to be more likely to have safety risks and potentially further risk to the victim. 

To combat this presumption, experienced criminal defense attorneys will have clients facing domestic violence-related charges take certain proactive steps to set the accused apart from other defendants. In DV cases, it is particularly important to shape the narrative of the case from the outset. Once prosecutors draw lines in the sand, it is hard to get them to see the scenario in another way.

Assault – Domestic Violence Page

During negotiation of the case, Thurston prosecutors are amenable to considering a reduction in charges for certain conduct on the part of the defendant. For example, if the accused person in a DUI case had a BAC of .08 but has shown through a chemical dependency evaluation that she has no significant problem with substances, the prosecutor may see that the accused poses little risk of recidivism (repeat offense) and, therefore, consider a reduced charge such as a Reckless Driving or Negligence Driving. 

Typically, in DUI cases, a reduction in charges are not available to those who have high BACs, accidents, minors in the vehicle, or past history of DUI or Physical Control, including those cases that were a previous charge was reduced from a DUI to a lesser charge. Occasionally, a reduced charge may be negotiated where the evidence in the state’s case is weak. A weak case usually has to do with how evidence was collected or the chance that, if challenged, certain evidence will be suppressed by the judge at trial. Since trial is very risky in DUI cases (they tend to be easy cases for the state to prove), challenging a weak case is better done during the negotiation phase rather than at trial. 

DUI Main Page

DUI Thurston County

If you are facing a DUI or other criminal charge, give our attorneys a call to see how we can help. We are here 7 days a week and take calls after hours. (360) 792-1000.