What Is A Motion To Revoke?

August 17, 2020 Written by
Kitsap Motion to Revoke Kitsap Motion to Revoke Kitsap Criminal Defense Attorney Ryan Witt

This is a document filed by the Prosecutor because you violated the terms of your agreement (perhaps a Pretrial Diversion Agreement) or Judgment and Sentence. The most common reasons are:

1) Failure to pay your fines within the allotted time.
2) Failure to pay the court or victims.
3) Failure to report to probation.
4) Failure to report to electric home monitoring (EHM).
5) Failure to complete or provide proof of your DUI victim’s impact panel.
6) Failure to obtain or provide proof of your alcohol and drug evaluation.
7) Failure to complete treatment or classes that were ordered.
8) You have been a accused of a new crime.
9) You have tested positive for alcohol or drugs and this violated the terms of your agreement.

 

Can you go to jail for failing to do these things?

Yes. If you fail to complete your requirements, you have effectively broken your contract with the State or you have violated the terms of your J&S. Typically, people enter into a PDA because they want to avoid jail. However, the State holds the jail time as a punishment should you not comply with your end of the deal. Therefore, jail is always a possibility.

How do these hearings usually go?

In most cases, if the reason for not completing your requirements is that you need a bit more time or you forgot to file the documents with Probation, we can almost always get you a bit more time. If you have been charged with a new crime, that gets a bit trickier. However, we have come onboard on the new charge as well as the Motion to Revoke to coordinate a positive outcome. The goal is to get the new charge resolved in a way that it doesn’t revoke you on your previous deal. We want to keep first “deal” in place and avoid serving jail time.

What if I can not get my conditions met due to COVID?

If you need to find a treatment provider, classes, or DUI Victim’s Impact Panel, let us know. There are facilities that are open with restrictions. It may also be possible to get an extension on time for paying fines. But, do not ignore this issue. Ignoring a Motion to Revoke makes it a lot worse.

What if my new criminal charge has a hearing date that is months away?

Do not ignore the Motion to Revoke because you think the Court or Prosecutor won’t know about the new charge or you haven’t addressed it yet. Once you are charged (not yet convicted), it is possible that you have already violated the terms of your PDA. Get legal advice about this quickly. An experienced defense attorney can help navigate this issue and, with enough time, work a resolution so you do not end up with a conviction or jail time. However, this is very time sensitive so do not delay!

If you have any other questions about a Motion to Revoke, contact our office for a consultation. No two cases or hearings are alike. To really understand how your issue could resolve, you need to spell out the details of your case to an experienced criminal defense lawyer. It’s important that you also speak with someone who is local and understands how the prosecution and courts respond to these motions. You will learn that Gig Harbor, Bremerton, Poulsbo, and Port Orchard municipal courts may not deal with the issues the way that Kitsap District Court will respond. Get specific feedback from an attorney who practices in all of these courts. We do and we can help.