Kosciusko County, Indiana

The homepage for the government of Kosciusko County, Indiana

Infraction Deferral Agreement

STATE OF INDIANA              )                       IN THE KOSCIUSKO SUPERIOR COURT 2

                                                ) SS:

COUNTY OF KOSCIUSKO    )                       CAUSE NO.   43D02-___________________

 

STATE OF INDIANA

            VS

________________________

 

INFRACTION DEFERRAL AGREEMENT

 

The State of Indiana by the Prosecuting Attorney of Kosciusko County, through his Deputy, and the Defendant (and attorney), pursuant to I.C. 34-28-5-1, hereby agree as follows:

  • That the State of Indiana hereby agrees to withhold prosecution of the charge(s) filed herein so long as the Defendant complies with the terms of this Agreement.  Furthermore, upon successful completion of this Agreement by the Defendant, the State of Indiana shall file a Motion to Dismiss this case with the Court.  If the Defendant does not successfully complete this Agreement, then the charge herein shall be set for trial by the Prosecutor's office.
  • That the Defendant acknowledges, confesses, and admits that he/she knowingly committed the Offense charged;  Defendant further agrees that this confession may be admitted into evidence  at any trial in this matter should this Defendant violate the terms of this Deferral Agreement, and that this Defendant will not object to such admission into evidence. (Initials:_______)

The Defendant also agrees:

1.  That the Defendant shall pay $192.00, $192.50, $252.00, or $252.50 (prosecutors office will assign amount upon your phone inquiry) to the clerk of the Court, payable in cashier's check, certified check, or money order ONLY.  NO PERSONAL CHECKS.  This amount must be paid on the date you sign the agreement and included with the signed agreement.

2.  That this Agreement shall remain in effect for six (6) months or one (1) year (prosecutors office will assign time period upon your phone inquiry) from and after the date of this Agreement.

3.  That the Defendant shall not be charged with any other crime or infraction for a period of six (6) months or one (1) year (same time period as paragraph #2 above) from the date of this Agreement.

4.  That the Defendant has not received or participated in infraction deferral program within the State of Indiana within the last eighteen (18) months from the date of signing this agreement. (Initials:______)

5.  That the Defendant must provide proof of a valid driver's license and maintain a valid driver's license during the deferral period.

6.  That the Defendant shall promptly (within 7 days) notify the Director of the Deferral Program at the Kosciusko County Prosecuting Attorneys Office, (574) 372-2419, of any change of address or of any subsequent charge of a crime or infraction during the term of this Agreement. 

7.  That the time for delay of this prosecution shall be attributable to the Defendant and, if the State of Indiana is required to proceed to trial herein due to an unsuccessful completion by the Defendant, then the State of Indiana shall be allowed to prosecute this case with no objection by the Defendant due to timeliness or statute of limitations.

 

Dated this _______ day of ____________, 20___.

 

______________________________, Defendant            ____________________________________

______________________________, mailing address            Prosecuting Attorney/ Deputy

 ______________________________, city, state, zipcode

_______________________________

Attorney for Defendant (if applicable)