Deferred Prosecution
 

The Miami County Prosecutor’s Office has elected to institute certain programs involving the deferring of prosecution. A defendant who qualifies pays an initial fee and signs a contract with the prosecutor, pledging no additional violations of the law.

In addition to the required fee, the Prosecutor may require certain conditions to be met to satisfy the agreements, such as completion of defensive driving classes, driver’s license reinstatement, or personal corrective classes such as anger management.

In rare instances where the defendant fails to comply with the agreement, the Prosecutor will file a motion to reactivate the case for prosecution on the original offense.

Deferral Program

Under Indiana law, the county prosecutor may elect in certain cases to defer the prosecution of an infraction case so long as the defendant meets certain terms and conditions. Each request for a deferral under this program is reviewed on a case-by-case basis. As of March 1, 2011, the cost of a six-month infraction deferral is $191.50.

Pretrial Diversion

Along with the Deferral program, the Miami County Prosecutor’s Office does elect to enter into pre-trial diversion agreements for certain misdemeanor cases. It is the policy of the office to deny any requests for pre-trial diversions involving the impaired operation of a motor vehicle. As of March 1, 2011, the minimum cost of a twelve-month pre-trial diversion is $328.00 plus $0.50 for any driving offense.