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PreTrial Diversion Contract

Posted January 16, 2012Information

Please view what a Pretrial Diversion contract actually looks like.  Remember, when an individual complies with all the terms of Pretrial Diversion the State will drop all charges against that individual. In Seminole County Pretrial Diversion is offered only for those who are charged with a misdemeanor and have no previous criminal history.  Contact Attorney Ryan Yadav if you have been arrested and are wondering if you qualify for Pretrial Diversion.

IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
            IN AND FOR SEMINOLE COUNTY, FLORIDA

STATE OF FLORIDA,
            Plaintiff

v.

______________________
            Defendant,

PRETRIAL DIVERSION AGREEMENT

It is alleged that you have committed an offense against the State of Florida on or about ________.
After an investigation of the offense and your background, it appears that the interest of the State of Florida, and your own, will best be served by the following procedures.

Therefore, on the authority of the State Attorney in and for the18th Judicial Circuit, Seminole County, Florida, prosecution in this matter for said violation will be deferred for a period of 9 months from this date provided you abide by the following conditions.

1.         You shall report to the diversion office on a monthly basis at a predetermined time set by the diversion counselor.
2.         You shall refrain from violation of any law (Federal, State, or local). In the event of a new criminal arrest while on the diversion program, you are subject to automatic dismissal.
3.         You shall associate with law abiding persons.
4.         You shall work regularly at a lawful occupation; and/or purse a course of studies as a full time student.
5.         You shall complete 20 hours of Community Service.
6.         You shall pay $3.95 insurance fee to B.O.C.C. prior to coming into community service intake.
7.         You will pay a total program fee of $450. Payments can be made in monthly payments.  The balance due must be paid in full prior to the termination date.
8.         Take an active part in counseling program listed below and cooperate, attend all scheduled appointments, and cooperate with any referrals your counselor recommends.

-General Misdemeanor Class, Substance Abuse Evaluation, Random Alcohol/Drug Testing.
9.         You shall immediately inform the Pretrial Diversion Program of any change in residence or employment.
10.       You will cooperate in verifying any information requested by the Pretrial Diversion Program. You will promptly and truthfully answer all inquiries directed to you by the Court or the Pretrial Diversion Officer, and allow the Pretrial Diversion Officer to visit your home, employment site, or elsewhere, an you will comply with all instructions he or she may give you.
11.       You will not possess, carry, or own any weapons with first procuring the consent of your Pretrial Diversion Officer
12.       You will pay an Investigative fee totaling $139.15
13.       You will pay $50 Cost of Prosecution to The Office of the State Attorney.

The State Attorney may during the period of deferred prosecution, revoke or modify the conditions of your deferred prosecution by: 1. Changing the period of deferred prosecution, 2. Prosecuting you for this offense if you violate any of these conditions 3. Voiding this agreement should it be determined you have a prior record of adult criminal convictions, or criminal involvement, or that you have given false information to program staff.

            If you comply with these conditions during that period of deferred prosecution no criminal prosecution concerning this charge will be instituted in this county. If charges have already been instituted, they will be terminated or dismissed upon compliance with these conditions during and throughout the period of deferred prosecution. By signing this deferred prosecution____________, withdraws and/or waives their right to  a speedy trial under the Constitution and Laws of Florida and the United States of America in the cause for which prosecution is being deferred.

            By signing this Agreement, the defendant acknowledges that the above has been explained fully and he/she understands all conditions of this Agreement and will comply with them.

_________________________________________
Defendant
The Clerk of the Court will file this agreement in his/her office, note the same in the minutes of Court, and forthwith provide certified copies of same to Pretrial Diversion for use in compliance with the requirement of law.

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