UNITED STATES OF AMERICA|
City and State
AGREEMENT FOR PRETRIAL DIVERSION
It appearing that you are reported to have committed an offense
the United States on or about ________________ in violation of Title ___,
States Code, Section(s) __________, in that you did:
Upon accepting responsibility for your behavior and by your
on this Agreement, it appearing, after an investigation of the offense, and
background, that the interest of the United States and your own interest and
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 ___________ District of
_____________, prosecution in this District for this offense shall be
for the period of ___ months from this date, provided you abide by the
conditions and the requirements of this Agreement set out below.
Should you violate the conditions of this Agreement, the United
Attorney may revoke or modify any conditions of this pretrial diversion
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
The United States Attorney may at any time within the period of your
initiate prosecution for this offense should you violate the conditions of
Agreement. In this case [he/she] will furnish you with notice specifying
conditions of the Agreement which you have violated.
After successfully completing your diversion program and fulfilling
the terms and conditions of the Agreement, no prosecution for the offense
on page 1 of this Agreement will be instituted in this District, and the
against you, if any, will be dismissed.
Neither this Agreement nor any other document filed with the United
States Attorney as a result of your participation in the Pretrial Diversion
Program will be used against you, except for impeachment purposes, in
with any prosecution for the above-described offense.
General Conditions of Pretrial Diversion
- You shall not violate any law (Federal/State/Local). You shall
immediately contact your pretrial diversion supervisor if arrested and/or
questioned by any law enforcement officer.
- You shall attend school or work regularly at a lawful occupation or
comply with the terms of the special program described below. If you lose
job or are unable to attend school, you shall notify your pretrial diversion
supervisor at once. You shall consult him/her prior to job or school
- You shall report to your supervisor as directed and keep him/her
of your whereabouts.
- You shall follow the program and such special conditions as may be
[description of special program]
I assert and certify that I am aware of the fact that the Sixth
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.
also am aware that Rule 48(b) of the Federal Rules of Criminal Procedure
that the Court may dismiss an indictment, information, or complaint for
unnecessary delay in presenting a charge to the Grand Jury, filing an
information, or in bringing a defendant to trial. I hereby request the
States Attorney for the __________ District of _________to defer such
prosecution. I agree and consent that any delay from the date of this
to the date of initiation of prosecution, as provided for in the terms
herein, shall be deemed to be a necessary delay at my request, and I waive
defense to such prosecution on the ground that such delay operated to deny
rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the
Amendment to the Constitution of the United States to a speedy trial or to
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
comply with them.
Name of divertee Date
Defense Attorney Date
United States Attorney Date
Chief Pretrial Services Officer Date
(or Chief Probation Officer)
USA Form 186
[cited in Criminal Resource Manual 712]