1. Deferred Prosecution - In Deferred Prosecution, the Defendant and the Commonwealth agree, with Court approval, to pass the case on the active docket for a period not to exceed 24 months. The Defendant must waive his/her right to a speedy trial, for the period of diversion only, and be subjected to whatever conditions are agreed upon between the parties and/or imposed by the Court. At the end of the period, absent evidence at a hearing if necessary, that there has been a violation of the terms of the deferred prosecution, the Court shall, on joint motion, dismiss the charges. Absent agreement to the contrary that dismissal will be “with prejudice.”

2. Post Plea Diversion - In Post Plea Diversion, the Defendant and the Commonwealth must agree on a plea and a recommended sentence. That proposal is presented, in writing, to the Court on approved forms available from the Court's Clerk, along with the recommendation that the case be diverted. In the event that the Court accepts the Diversion, the plea shall enter, but no sentencing will occur at that time. The Court shall impose such terms, including fees, as were agreed, or as the Court deems appropriate. Sentencing will only occur in the event that, following proper notice and hearing, the Court finds a violation of the Diversion Agreement. In the event of a successful completion, the Court shall, on a joint motion, dismiss the charges, unless another disposition is called for in the initial diversion agreement. Absent agreement to the contrary that dismissal will be “with prejudice.”

The Post Plea Diversion process can require monitoring by the Department of Pretrial Services and will include all the rules and regulations associated with that program, including fees. In some instances, the Court may authorize unmonitored post plea diversion.

3. A more detailed explanation of the diversion process and the forms are contained in the appendix to these rules. This appendix also includes the Rules and Regulations of the Department of Pretrial Services Diversion Program.