Fill and Sign the Trial Diversion Agreement Form

Department of Justice United States Attorney District of _____________________ Agreement for Pretrial Diversion You are reported to have committed an offense against the United States, in violation of Title ___________ , United States Code, Section___________ , in that you ______________________________________________________________________ ______________________________________________ (describe alleged offense) . Upon accepting responsibility for your behavior and by your signature on this Agreement, it appearing, after an investigation of the offense, and your background, that the interest of the United States and your own interest and the interest of justice will be served by the following procedure; therefore On the authority of the Attorney General of the United States, by ________________, United States Attorney for the State of ____________, __________District, prosecution in this District for this offense shall be deferred for the period of _____months from this date, provided you abide by the following conditions and requirements of the program set out below. Should you violate the conditions of this supervision, the United States Attorney may revoke or modify any conditions of this Pretrial Diversion Program or change the period of supervision, which shall in no case exceed eighteen months. The United States Attorney may release you from supervision at any time. The United States Attorney may at any time within the period of your supervision initiate prosecution for this offense should you violate the conditions of this Agreement. In any case, he or she will furnish you with notice specifying the conditions of the Agreement which you have violated. Neither this Agreement nor any other document filed with the United States Attorney as a result of your participation in the Pretrial Diversion Program shall be used against you, except for impeachment purposes, in connection with any prosecution for the above- described offense. Conditions of Pretrial Diversion 1. You shall not violate any law ____________________ (federal, state, or local) . You shall immediately contact your pretrial diversion supervisor (hereinafter supervisor ) if arrested and/or questioned by any law enforcement officer. 2. You shall attend school or work regularly at a lawful occupation or otherwise comply with the terms of the special program described below. If you lose your job or are unable to attend school, you shall notify your pretrial supervisor at once. You shall consult him/her prior to job or school changes. 3. You shall report to your supervisor as directed and keep him/her informed of your whereabouts. 4. You shall follow the program and such special conditions as may be described below. Special Conditions * * * * * I assert and certify that I am aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. I also am aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the court may dismiss the indictment, information, or complaint for unnecessary delay in presenting a charge to the grand jury, filing information, or in bringing a defendant to trial. I hereby request the United States Attorney for the State of ____________, _________District, to defer such prosecution. I agree and consent that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at my request, and I waive any defense to such prosecution on the ground that such delay operated to deny my rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period of this Agreement. I hereby state that the above has been read and explained to me. I understand the conditions of my pretrial diversion program and agree that I will comply with them. ________________________ Date: __________________ (Printed Name of Divertee) ________________________ (Signature of Divertee ) _______________________________ Date: __________________ (Printed Name of Attorney for Divertee) ________________________ (Signature of Attorney) ________________________________________ Date: __________________ (Printed Name of Assistant United States Attorney) _________________________ (Signature of Attorney) __________________________________ Date: __________________ (Printed Name of Pretrial Services Officer) ________________________ (Signature of Attorney) ________________________ (Date) Dear ________________ (Name of Divertee) : Enclosed is a copy of the proposed Agreement for Pretrial Diversion for you to read thoroughly and note any questions you have. We shall also go over the agreement before you sign it. Please call Pretrial Services Officer before ________________ (date) to arrange a meeting. After you have had a chance to review and discuss the agreement with us, we shall sign the agreement, and your participation in the program will begin. (Include Appropriate Signatures) Enclosure cc: U.S. Pretrial Services Officer ________________________ (Date) Dear _________________ (Divertee) : This office has received information that you have committed an offense against the United States in violation of Title, United States Code, Section. After reviewing your case, we have made a preliminary determination that you may be an appropriate person to participate in the Department's Pretrial Diversion Program. Pretrial diversion means that this office will not presently seek a conviction against you. Instead, if you qualify and are accepted, you will be placed in a pretrial diversion program under certain specified conditions described in a written agreement between you and the Government for a term to be determined by this office but not to exceed 18 months. If you satisfactorily fulfill the conditions and terms of your program, you will not be prosecuted, or, if you have already been charged, the charges against you will be dismissed. If you violate the conditions of the written agreement you may be removed from the pretrial diversion program, in which case this office shall resume prosecution. If you wish to be considered for the Pretrial Diversion Program, please come to the United States Attorney's Office at the address shown above at ______________ (time/date) . We will discuss the matter further at that time, and proceed with an initial interview with the pretrial services office if appropriate. (Include Appropriate Signatures) cc: Pretrial Services Office ________________________ (Date) ___________________ (Name) United States Pretrial Services Office Re: Proposed Pretrial Diversion of Dear: ___________________ We wish to determine whether the above-mentioned subject, who reportedly violated Title __________, United States Code, Section _________, is suitable for pretrial d iversion . We would appreciate it if your office would conduct the necessary investigation to determine whether or not _________________ (Name of Divertee) is a suitable candidate for pretrial diversion . You may have access to the investigative report and any other information we have which will assist you. (Include Appropriate Signatures) ________________________ (Date) ______________________________ ______________________________ ______________________________ (Name and address of United States Magistrate Judge) Re: ___________________ (Divertee) , U.S. Attorney File No. Application for Appointment of Counsel for a Pretrial Diversion Candidate Dear Judge: The above-named individual is being considered for the Pretrial Diversion Program. It appears the subject has committed an offense against the United States, to wit: ______________________________________________________________________ ______________________________________________. (Describe alleged offense) This office has been advised that the subject does not have sufficient funds to retain counsel. In accordance with Department of Justice guidelines, this office requests the court, pursuant to its authority under 18 U.S.C. § 3006A(a) (4), to appoint counsel for the subject. Sincerely yours, United States Attorney By ____________________________ Assistant U.S. Attorney