In Washington, individuals facing their first felony conviction (as opposed to a misdemeanor conviction) may have an opportunity to avoid some of the harsh penalties associated with a conviction through the First-Time Offender Waiver (FTOW). This provision, set forth under RCW 9.94A.650, offers eligible offenders a chance for leniency while addressing their rehabilitation needs. Please contact a skilled criminal defense attorney now if you are being charged with a felony. A criminal defense lawyer can help inform you on whether or not you qualify for the waiver and what your specific rights are.
Understanding the First-Time Offender Waiver
The FTOW allows the court to impose a sentence that emphasizes rehabilitation over punishment. Instead of facing the standard sentence for a Washington felony, you may receive:
- Up to 90 days in confinement,
- Up to 6 months of community custody (which is essentially probation), or
- Up to 12 months of community custody if treatment is ordered (for example, drug treatment, alcohol treatment, or mental health treatment).
In addition to the above, the FTOW typically requires you to comply with various court-ordered conditions, such as completion of community service and/or substance abuse or mental health counseling. Your judge may also order that you payment any applicable fines or restitution. Failure to meet these conditions can result in the revocation of the waiver and imposition of a standard felony sentence.
Eligibility Requirements for the FTOW
To qualify for a First-Time Offender Waiver, you must meet specific criteria. Some of the most important include:
- No prior felony convictions: you cannot have any previous felony convictions in Washington, other states, or federal jurisdictions.
- Eligible offense: Certain crimes are excluded from the FTOW, such as serious violent offenses, sex offenses, and felony DUIs. You will not be able to qualify for the waiver if you were charged with one of these crimes.
- Judicial discretion: Even if you meet the above requirements, your judge can still deny a waiver.
Contact Black & Askerov for Help
If you are facing your first felony charge in Washington, the FTOW might allow you to avoid harsh prison time. However, securing the waiver will require the help of a skilled criminal defense lawyer. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience helping clients secure a first-time offender waiver. We defend clients on a wide variety of felony charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
