IN THE JUSTICE COURT OF ROSEBUD COUNTY

DEPARTMENT NO. ONE

BEFORE DAVID J. POLLEY, JUSTICE OF THE PEACE

STATE OF MONTANA, ) Cause No. 95cc-46

)

Plaintiff, )

)

vs. ) PRETRIAL DIVERSION

) AGREEMENT

* )

)

Defendant. )

THIS AGREEMENT, is entered into this _____ day of October, 1995, between*, Defendant herein,*, Counsel for Defendant, and the State of Montana, by and through* County Attorney, and the parties herein agree as follows:

1. That the Defendant,*, admits there is probable cause to believe he has committed the offense of CRIMINAL MISCHIEF, a felony, committed in Rosebud County, Montana, on or about August 11, 1995, but this Agreement shall not constitute evidence or an admission of guilt should the matter be prosecuted.

2. That prosecution for the aforementioned charge shall be deferred for a period of one (1) year from the date of this Agreement upon the following terms and conditions being met by the Defendant:

(a) That the Defendant obey all Federal and State laws and all city and county laws during this period of deferment.

(b) That the Defendant pay a $250.00 fine to Justice Court, payable at the rate of $50.00 per month out of his own funds. If a prosecution of the pending charge is later resumed and Defendant is convicted, he shall receive a credit, against any fine and surcharge imposed by the Court, in an amount equal. (c) That the Defendant will be placed on Probation and will check in with his probation officer and be subject to random alcohol testing.

(d) That the Defendant have no alcohol related offenses for 12 months.

(e) That the Defendant not be in establishments that serve alcohol - Taverns and Bars.

(f) That the Defendant work with DARE Officer or SADD for a total of 40 hours and provide documentation as proof that he has done so.

(g) That the Defendant surrender his driver's license to the County Attorney's office for one (1) year from October, 1995.

(h) That the Defendant will attend ACT School or have CD evaluation with a copy to County Attorney's office and follow through with recommendations.

3. That the Defendant agrees for violation of the terms of this Agreement, he may be prosecuted for the aforementioned offense and that any delay in prosecution by reason of this Agreement shall not constitute grounds for asserting that his constitutional right to speedy trial has been violated since such delay would be due to the Defendant's voluntary execution of this Agreement, and, to that extent, the Defendant hereby waives his right to speedy trial.

4. That the County Attorney,*, agrees to move to dismiss the currently pending charges now filed in * Court against this Defendant( without prejudice now or at the end of the one (1) year deferred period) so long as the Defendant doesnot violate any of the terms of this Agreement.

DATED this _____ day of October, 1995.

DEFENDANT

COUNSEL FOR DEFENDANT

______________________________

ROSEBUD COUNTY ATTORNEY