THIS AGREEMENT is between the above named Defendant and the State Attorney’s Office, by and through the undersigned Assistant State Attorney, with said contract conditions to be administered by our local County Corrections Department (in other words, county probation).
The Defendant is charged with Driving Under the Influence, and based upon an investigation of the offense and the Defendant’s background, the interests of the State of Florida and the Defendant are best served by entering into this agreement.Standard DUI Pretrial Diversion Conditions
By signing this contract, you affirm that you have no criminal history, or if you have a prior criminal history, you have fully disclosed it to Diversion. You affirm that you have never before participated in any Pretrial Diversion/Intervention program, or that you have fully disclosed it to Diversion. You also affirm that you have no criminal case pending, and that you are not under supervision by any other entity for another criminal case. If you have not been fully candid on this issue, you are subject to revocation.If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation:(a) Your officer may submit a request for modification to the State Attorney, and said modification may be granted, or you may be scheduled for a review board hearing. The period of this program may be extend for a period not to exceed two (2) years from the date of this agreement, or(b) the review board may add additional special conditions or otherwise modify this contract, or (c) the review board may revoke this contract and the State Attorney shall prosecute you for this offense (if you get re-arrested, for example, expect to be revoked, or, if you can’t complete a condition such as the DUI school or interlock device, expect to be extended first, then revoked)
The review board has been established to review proposed revocations or modifications of this Diversion Contract, with the review board comprised of an Assistant State Attorney and a representative of the diversion Program. If you go to a hearing, your Pretrial Diversion Officer may attend this hearing. At the review board hearing, evidence establishing violations of this Agreement will be heard. Failure to appear at a scheduled review board hearing will result in automatic revocation from this Program. The review board’s final decision after considering all the evidence, will be rendered in writing with reasons for that decision.
This Agreement is a deferral of prosecution. Once conditions are completed this contract may be terminated after twelve (12) months by the Office of the State Attorney. If its terms are met, the initial charge will be dropped and the State of Florida will be barred from prosecution. If its terms are violated, prosecution concerning this charge will proceed.
I hereby state that the above has been read by me or to me. All conditions have been explained to me and I understand them and agree to comply with them. Furthermore, I fully understand the criminal charge(s) pending against me.
By signing this Pretrial Diversion Contract, I understand I waive my right to have prosecution commence within the time limits required by the statute of limitations and my right to a speedy trial as defined by the Constitutions of the United States and Florida, and the Florida Rules of Criminal Procedure.
I also agree that I will sign a document described as a DUI Community Pledge and that the Office of the State Attorney will retain the original pledge document. The DUI Community Pledge may be used in future DUI-related prosecution as evidence of completion of a prior deferred prosecution program.
It is also understood that this is pilot program and in the event that it is determined that the pilot program is to be terminated prior to completion of this contract period that this case will be placed back on the Court docket. If this case is placed back on the Court docket through no fault of the participant, consideration will be given for the term of participation and the completion of program conditions.
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Defendant Signature, Date of Birth, Date Signed
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Witness to Defendant’s Signature
The Office of the State Attorney hereby agrees that, should the defendant fully meet the terms and conditions of this agreement, the charges referred to herein shall be dropped by either Nolle Prosequi or No Information Notice, upon completion of the program.
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Assistant State Attorney Signature, Date