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
October 1997
| Criminal Resource Manual 713
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