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713

USA Form 185—Letter to Offender

Re: In the matter of: ___________________

Complaint No. __________________

Dear _________________:

The United States Attorney for the ___________ District of ____________ has information that you have committed an offense against the United States in violation of Title ___, United States Code, Section(s) _______ [Description: _________________]

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 eighteen 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 will resume prosecution.

The decision to seek acceptance into this program is one that must ultimately be made by you alone. Nevertheless, it is important that you immediately discuss this matter fully and completely with your attorney inasmuch as your participation in this program will constitute a waiver of certain rights afforded to you by the Constitution. Specifically, you must waive your right to a speedy trial and your right to have an indictment presented to a grand jury within the applicable statute of limitations. If you believe you are unable to afford an attorney, you should notify the Chief Pretrial Services Officer (or the Chief Probation Officer) so that counsel may be appointed by the court to represent you.

If you desire to be further considered for the pretrial diversion program, please let us know at your earliest convenience.

Any information furnished in connection with your application for pretrial diversion will be confidential and will not be admissible as to the issue of guilt in subsequent criminal proceedings.

In order to ensure that appropriate procedures can be initiated as soon as possible, please respond promptly.

Very truly yours,

______________________

United States Attorney

________________________________

Assistant United States Attorney

USA Form 185

[cited in Criminal Resource Manual 712]