Procedure on Alleged Violation of Agreement Sample Clauses

Procedure on Alleged Violation of Agreement. The Defendant and Prosecution agree that the prompt resolution of a party’s allegation of violation of 26 this Agreement by the other party is desirable. Accordingly, the parties request this Court to set a hearing 27 date within approximately 30 days of any party’s motion on this matter, so that this Court may promptly 28 determine whether a violation of this Agreement has occurred. The parties further agree that a Prosecution motion alleging a violation of this Agreement by the 29 Defendant will be handled in accordance with the procedures set forth in State x. Xxxxxx, 100 Wn.2d 719, 30 674 P.2d 171 (1984), and State x. Xxxxxxx, 75 Xx.Xxx. 634, 879 P.2d 333 (1994). The parties also agree 31 that, when determining guilt or innocence, the Court may look beyond the confines of the Defendant’s court file and may consider evidence found in the Defendant’s Washington State Department of Licensing driving 32 abstract, in the Washington State Judicial Information System (including access through the Judicial Access 33 Browser System), and in the Statewide Electronic Collision and Ticket Online Records.
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Procedure on Alleged Violation of Agreement. 25 The Defendant and Prosecution agree that the prompt resolution of a party’s allegation of violation of this Agreement by the other party is desirable. Accordingly, the parties request this Court to set a hearing 26 date within approximately 30 days of any party’s motion on this matter, so that this Court may promptly 27 determine whether a violation of this Agreement has occurred.
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Procedure on Alleged Violation of Agreement. The Defendant and Prosecution agree that the prompt resolution of a party’s allegation of violation of this Agreement by the other party is desirable. Accordingly, the parties request this Court to set a hearing date within approximately 30 days of any party’s motion on this matter, so that this Court may promptly determine whether a violation of this Agreement has occurred. 31 Defendant will be handled in accordance with the procedures set forth in State x. Xxxxxx, 100 Wn.2d 719, 1 674 P.2d 171 (1984), and State x. Xxxxxxx, 75 Xx.Xxx. 634, 879 P.2d 333 (1994). The parties also agree 2 that, when determining guilt or innocence, the Court may look beyond the confines of the Defendant’s 3 court file and may consider evidence found in the Defendant’s Washington State Department of Licensing 4 driving abstract, in the Washington State Judicial Information System (including access through the 5 Judicial Access Browser System), and in the Statewide Electronic Collision and Ticket Online Records. 6
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Procedure on Alleged Violation of Agreement. The Defendant and Prosecution agree that the prompt resolution of a party’s allegation of violation of
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Procedure on Alleged Violation of Agreement. The Defendant and Prosecution agree that the prompt resolution of a party’s allegation of violation of this Agreement by the other party is desirable. Accordingly, the parties request this Court to set a hearing date within approximately 30 days of any party’s violation allegation so that this Court can promptly determine whether a violation of this Agreement has occurred. The parties further agree that a Prosecution motion alleging a violation of this agreement by the Defendant will be handled in accordance with the procedures set forth in State x. Xxxxxx, 100 Wn.2d 719, 674 P.2d 171 (1984), and State x. Xxxxxxx, 75 Xx.Xxx. 634, 879 P.2d 333 (1994). If the City moves to revoke a pretrial diversion agreement due to alleged violation(s) of the pretrial diversion agreement, the Defendant understands the trial court must hold a hearing to determine whether, by preponderance of the evidence, the defendant violated the agreement. State x. Xxxxxx, 100 Wn.2d 719, 725 (1984). The Defendant understands and stipulates that the rules of evidence (other than with respect to privileges, the rape shield statute and ER 412) do not apply to violation hearings pursuant to ER 1101(c)(3). The Defendant understands and stipulates that live testimony is not required to prove a violation. The Defendant understands and stipulates that alleged violation(s) may be proven in a variety of ways, including but not limited to: police reports, treatment reports, urinalysis lab reports, toxicology reports, videos, photos, and witness statements. The Defendant waives objection to the admissibility of evidence introduced by the City at future violation hearings. However, the Defendant retains the right to introduce evidence regarding alleged violations and to argue against the sufficiency of the evidence presented by the City. The Defendant understands that if the Court determines the Defendant has breached the agreement, the Court will then review the reasonableness of the City’s decision to revoke. Marino, 100 Wn.2d at 725. The Defendant understands that in reviewing the City’s motion to revoke a pretrial diversion agreement, both the trial court and the appellate court owe “a degree of deference to the prosecutor’s reasons for termination.” State x. Xxxxxxx, 75 Xx.Xxx. 634, 639 (1994). Upon the Court’s finding that the Defendant has breached the agreement and the City’s decision to terminate was reasonable, the Defendant understands the Court shall conduct a bench trial to determine the...
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Procedure on Alleged Violation of Agreement. The Defendant and Prosecution agree that the prompt resolution of a party’s allegation of violation of this Agreement by the other party is desirable. Accordingly, the parties request this Court to set a hearing date within approximately 30 days of any party’s violation allegation so that this Court can promptly determine whether a violation of this Agreement has occurred. The parties further agree that a Prosecution motion alleging a violation of this Agreement by the Defendant will be handled in accordance with the procedures set forth in State x. Xxxxxx, 100 Wn.2d 719, 674 P.2d 171 (1984) and State x. Xxxxxxx, 75 Xx.Xxx. 634, 879 P.2d 333 (1994).
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Procedure on Alleged Violation of Agreement 
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