DEFERRED PROSECUTION

Under Indiana law, the county Prosecuting Attorney may elect in certain cases to defer the prosecution of an infraction case so long as the Defendant meets certain terms and conditions. Each deferred prosecution application is reviewed on a case by case basis by one of the attorneys on staff in the office. The cost of a deferred prosecution agreement is an initial $50.00 fee and $10.00 for each month of the agreement. There are also court costs to be paid.   The total fee, including court costs, for a twelve month deferred agreement is $251.50.  In certain circumstances, a six month deferred prosecution agreement may be approved.  The total cost of a six month agreement is $191.50.

The money earned in the Prosecutor’s Office from deferred prosecution agreements is used to fund a fulltime staff person in the criminal division of the office, and to also to purchase equipment and supplies that the office’s budget is unable to cover.  In addition to the cost of the agreement, the Prosecutor may require certain conditions be met to satisfy the agreement, such as the completion of defensive driving classes.  In the rare instances where a Defendant fails to comply with the agreement, the Prosecutor will file a motion to reactivate the case and proceed to prosecute the original offense.

In addition to the deferred prosecution program, the Noble County Prosecutor's Office does elect to enter pre-trial diversion agreements for certain misdemeanor cases.  All pre-trial diversion requests are evaluated on a case by case basis.  Indiana law prohibits any felony from being diverted. The total cost for a twelve month pre-trial diversion is $328.00 or $328.50 if a vehicle was involved in the offense.

Download DPA Applications
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