Motion For Pretrial Diversion Of Class D Felony Form. This is a Kentucky form and can be use in Pretrial Diversion Statewide.
Tags: Motion For Pretrial Diversion Of Class D Felony, 347, Kentucky Statewide, Pretrial Diversion
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : AOC-347 Rev. 9-02 Page 1 of 2 Doc. Code: PDDF Index No. : Calendar No. Case No. : Court Circuit JUDICIAL SUBPOENA Plaintiff(s) Commonwealth of Kentucky MOTION FOR PRETRIAL DIVERSION Court of Justice www.kycourts.net -againstOF A CLASS D FELON : County (ALSO FILE AOC 491 OR 491.2 ) KRS 533.250 - 533.262 : COMMONWEALTH OF KENTUCKY PLAINTIFF : VS. Defendant(s) : ...................................................... DEFENDANT THE PEOPLE OF THE STATE OF NEW YORK TO I, the above-named Defendant, am charged with the crime of , a Class D felony. I am represented by Hon. . I have applied to this Court and to the Commonwealth to participate in Pretrial Diversion and have moved this Court to GREETINGS: enter my [ ] guilty plea OR [ ] plea pursuant to North Carolina v. Alford to the charged offense(s) as part of a plea WE COMMAND YOU, that all business and with benefit of legal counsel, and each of you attend . agreement and a diversion agreement made between myself, excuses being laid aside, you and the Commonwealthbefore the Honorable at the Court 1. I have read the terms and conditions of diversion recommended by the Commonwealth. I have fully discussed the located at County of recommended terms and conditions of diversion with my attorney. My attorney has answered all my questions. I in room , to the , 20 , at noon, and at any recessed understand and agree on the terms day of and conditions of Pretrial Diversion aso'clock in paragraph (3) of this Motion. stated in the or adjourned date, to testify and give evidence as a witness in this action on the part of the 2. I understand the judge may reject the diversion agreement. If the judge rejects the agreement, I understand I will be permitted to withdraw my plea and proceed to trial, or I may maintain my plea without participating in diversion and the judge will sentence me within the penalty range permitted by law. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 3. The Commonwealth has recommended my caseissued for a on the following conditions: the party on whose behalf this subpoena was be diverted maximum penalty of $50 and all damages sustained as a a. result of yourof diversion shall be The period failure to comply. . b. The diversion is to be [ ] unsupervised OR [ ] supervised. A monthly supervision fee of $ Witness, Honorable Court in County, , one of the Justices of the shall be paid to Probation & Parole. ($25.00 recommended; no less than $10.00). [ ] c. Restitution shall be paid to in the amount of $ day of , 20 at the rate of . [ ] d. Probation & Parole shall conduct home visits. Defendant shall not have access to a [ ] handgun [ ] firearm (Attorney must sign above and type name below) during the pendency of the diversion agreement. [ ] e. Defendant shall obey all rules and regulations imposed by Probation & Parole. Attorney(s) for [ ] f. As required by KRS 533.030(1), Defendant shall not commit another offense during the period of the diversion. Specifically, the defendant shall not violate the Penal Code or the Controlled Substances Act. [ ] g. Defendant shall remain drug and alcohol free and be subject to random testing. Office and P.O. Address [ ] h. Other _________________________________________________________________________________________ Telephone No.: _________________________________________________________________________________________ Facsimile No.: _________________________________________________________________________________________ E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : AOC-347 Rev. 9-02 Page 2 of 2 : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) 4. I understand that if I successfully complete the conditions of diversion, the charge against me will be designated as "dismissed-diverted” and I will -againstnot be required to acknowledge the occurrence of the charge. : 5. In the event Pretrial Diversion is ordered, I waive my right to a speedy trial. : 6. I understand that if the Commonwealth alleges I have violated the terms and conditions of the diversion, the Court : will schedule a revocation hearing and, upon completion of the hearing, make a finding as to whether I have failed to comply with the terms and conditions of Pretrial Diversion as ordered by the Court. Defendant(s) : ...................................................... 7. I understand that if the Court finds I have violated the terms and conditions of Pretrial Diversion, the Court will void the diversion order and schedule a sentencing hearing. At that hearing, the Court may impose the sentence recommended by the Commonwealth. 8. In THE PEOPLE OF THE STATE OF NEW YORK to recommend a sentence of return for my plea, the Commonwealth has agreed . I understand this is the maximum sentence the Court TO may impose under this plea agreement in the event the Court finds I have failed to successfully complete diversion. 9. I have freely, voluntarily, intelligently, and knowingly signed this Motion for Pretrial Diversion of a Class D Felony. I understand and agree to the terms and conditions stated herein. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of Defendant’s Signature Defense Attorney’s Signature in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Date: _____________________, 2______. Date: ______________________, 2_____. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Commonwealth Attorney’s Signature result of your failure to comply. Witness, Honorable Date: _____________________, 2______. Court in County, day of , one of the Justices of the , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com