Tribe: Muckleshoot Indian Tribe
5.29.040 Deferred Judgment and Sentence.
A deferred judgment and sentence may be entered on agreement of the parties, where an offender has entered a plea of guilty, and where deemed appropriate by the court.
a) Conditions for Agreement. At any time, the Prosecutor and an offender who has counsel, or who has voluntarily waived counsel, may agree to the deferral of a judgment and sentence for a specified period of time, during which time the offender shall be placed on a Deferred Judgment Probation.
b) Conditions of such probation may include, but are not limited to:
1) That the offender may not commit any criminal offense in any jurisdiction;
2) That the offender may not engage in specified activities, conduct, and associations bearing a relationship to the conduct upon which the charge against the defendant is based;
3) That the offender may not own or have in his or her possession a dangerous weapon;
4) That the offender’s freedom of movement and association is restricted;
5) That the offender shall, if employed, remain employed and, if not employed, shall actively seek employment or education;
6) That the offender be subjected to search of their residence, vehicle and person;
7) That the offender comply with any traditional punishment imposed; and
8) That the offender have no use or possession of alcohol, marijuana or illicit substances, and that the offender comply with testing for the use of such substances;
9) That the offender comply with any other requirement or limitation imposed, which is intended to improve the mental or physical health or marketable skills of the offender.
c) Contents of Agreement. A deferred judgment and sentence agreement is subject to approval by the court. The agreement must be in writing, must be signed by the parties, and must state that the Defendant has entered a plea of guilt to the charge. The agreement shall be entered before the court.
d) Violations of Agreement. The judgment and sentence must be deferred for the period specified in the agreement unless there has been a violation of its terms. Sanctions, including imposition of a sentence, can be imposed for violation of the agreement, without revoking the agreement in its entirety. The conditions of the agreement shall be monitored by the Muckleshoot Tribal Probation Officer.
e) Dismissal of Charge. After expiration of the period of deferral and after the defendant’s successful completion of any conditions of deferral, the court shall dismiss the matter with prejudice and order the file to be sealed. The offender’s criminal record shall be deemed to be clean of the offense, except that the offense shall be considered a prior offense for purposes of sentencing in any subsequent criminal proceeding.
Read Full Text of Muckleshoot Tribal Code. Title 5 Law and Order Code. Chapter 5.29 Judgment an Sentencing. Section 5.29.040 Deferred Judgment and Sentence.