Legal Court Diversion Form

LEGAL COURT DIVERSION FORM

This Court Diversion Agreement is entered into on between Prosecuting Agency: acting through the Office of the Prosecutor assigned to , Case/Docket Number: and Defendant: , Date of Birth: .

RECITALS

WHEREAS, Defendant has been charged with the offense(s) described as: ; and

WHEREAS, Prosecuting Agency has concluded that diversion may serve the interests of justice, public safety, and rehabilitation, and is willing to defer prosecution subject to the conditions set forth herein; and

WHEREAS, Defendant voluntarily requests participation in the diversion program and acknowledges that participation is a privilege conditioned on strict compliance with the terms below.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. ENROLLMENT AND AGREEMENT TO DIVERSION

1.1 Enrollment. Defendant agrees to enroll in the diversion program administered by the Prosecuting Agency for the offense(s) identified in this Agreement. Enrollment is effective on the Program Start Date identified below and remains in effect for the Term specified in Section 2. Enrollment constitutes Defendant's agreement to comply with all program conditions, monitoring, and reporting requirements set forth herein.

1.2 Admission or Plea Status. Defendant acknowledges that, by entering diversion, Defendant is making the following election regarding formal proceedings (select one):

No contest plea or admission of responsibility to the charge(s)
Deferred prosecution without entry of plea while enrolled in diversion

2. TERM AND DURATION

2.1 Program Start Date: . The initial term of this Agreement shall be unless earlier terminated pursuant to Section 8.

3. CONDITIONS OF DIVERSION

Defendant shall comply with the following mandatory conditions. Failure to comply may result in termination of diversion and reinstatement of prosecution.

- Community service: hours to be completed by .
- Restitution/Payments: Amount payable to victims or court: $; payment schedule set forth in Payment Schedule below.
- Counseling/Treatment required: Yes Counselor/Program Name: .

Random drug testing; frequency: .
Electronic monitoring required for duration: .

4. MONITORING, REPORTING, AND CASE MANAGEMENT

5. FEES, FINANCIAL OBLIGATIONS, AND PAYMENT SCHEDULE

6. CONFIDENTIALITY, RECORDS, AND EFFECT ON CHARGES

6.1 Successful Completion. Upon Defendant's satisfactory completion of all terms and conditions, Prosecuting Agency shall move to dismiss the charge(s) specified in this Agreement or file a formal notice of dismissal as permitted by law. The parties agree that records may be sealed or expunged to the extent allowed under applicable law, subject to agency procedures.

6.2 Failure or Termination. If Defendant fails to comply with program conditions, or if diversion is terminated pursuant to Section 8, Prosecuting Agency retains the right to reinstate prosecution, to refile charges, or to proceed with the previously filed matters. Any statements, admissions, or materials provided in connection with diversion may be used in subsequent proceedings to the extent permitted by law.

7. WAIVER OF RIGHTS AND VOLUNTARY CONSENT

Defendant acknowledges that participation is voluntary and that by entering this Agreement Defendant knowingly and voluntarily waives the right to a speedy trial for the period of diversion, and understands the potential consequences of failing to satisfy its terms. Defendant further certifies that Defendant has had the opportunity to consult with counsel and that Defendant's consent is given without coercion.

8. COMPLETION, TERMINATION, AND FAILURE

8.1 Completion. Completion is conditioned upon verification by the assigned caseworker that Defendant satisfied all conditions, fees, and restitution obligations. Upon verification, Prosecuting Agency shall take the actions described in Section 6.1.

8.2 Termination. Prosecuting Agency may terminate diversion for good cause, including but not limited to new criminal conduct, material misrepresentations, or repeated noncompliance. Termination shall be documented in writing and delivered as a Notice pursuant to Section 10.

9. NOTICES

All notices, demands or communications required or permitted under this Agreement shall be in writing and delivered to the contacts set forth below by personal delivery, certified mail, or other method of delivery that provides proof of receipt.

10. AMENDMENTS, WAIVER, GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

10.1 Amendments. Any amendment to this Agreement must be in writing and signed by both parties to be effective.

10.2 Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

10.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of the court identified above.

10.4 Entire Agreement. This document constitutes the entire agreement between the parties with respect to court diversion for the matter identified herein and supersedes all prior agreements or understandings, oral or written.

10.5 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. CERTIFICATION BY DEFENDANT

By signing below, Defendant certifies under penalty of perjury that Defendant has read this Agreement, understands its terms, has been informed of the potential consequences of diversion and termination, and voluntarily consents to participate. Defendant further certifies that the information provided in this form is true and complete to the best of Defendant's knowledge.

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