STATE OF INDIANA ) IN THE BROWNSBURG TOWN COURT

) :

COUNTY OF HENDRICKS ) CAUSE NUMBER. 32I02-2304-CM-000445 THE STATE OF INDIANA

VS.

DANNY BERROSPE

PRE-TRIAL DIVERSION AGREEMENT

The State and Defendant agree, that pursuant to I.C. 33-39-1-8, that prosecution in this case will be withheld subject to the Defendant complying with the following conditions: 1. The Defendant admits to the offense of Count 1: Driving While Suspended, a Class A misdemeanor, and Count 2: Improper or No Tail or Plate Light, a Class C infraction.. 2. The term of this Agreement shall be 6 months.

3. Defendant shall comply with the following check-listed conditions: Mandatory Conditions

4. Defendant shall not commit a criminal offense or be convicted of any crime. If probable cause is found against the Defendant for the commission of a new crime, the State will consider that finding a violation of this agreement.

5. Work faithfully at a suitable employment or faithfully pursue a course of study or vocational training that will equip the Defendant for suitable employment. 6. Promptly respond to all telephone calls and letters from the Prosecutor’s Office and notify said office of any change in your address or employment.

Driving

7. The Defendant is to obtain a valid operator’s license prior to the review date of this Agreement, and such license must remain valid during the term of this Agreement. If the Defendant cannot obtain a valid license, then the Defendant shall file a Petition for Specialized Driving Privileges in their county of residence (forms available at indianalegalhelp.org). 8. If the Defendant is unable to obtain a valid license or learner’s permit, the Defendant shall serve 40 hours of verifiable community service. Proof of completion must be provided to the Prosecutor's Office thirty (30) days prior to the review hearing. Program Fees, Restitution, and Costs

9. Pay initial user's fee of $50 and a monthly user fee of $20 for each month until the termination of the Agreement.

10. Pay deferred prosecutor fee of $164. (plus $0.50 if traffic offense). IT IS YOUR RESPONSIBILITY TO PROVIDE THIS ENTIRE DOCUMENT TO THE COURT WITH PAYMENT AT THE TIME OF FILING.

TOTAL: $334.50 PAYMENT MUST BE BY MONEY ORDER, CASH, OR CASHIER'S CHECK PAYABLE TO THE BROWNSBURG TOWN COURT.

Upon the Defendant’s successful completion of all conditions of this Agreement, the payment of all user fees, and having committed no criminal offenses during the term of this Agreement, the State of Indiana will dismiss the case.

The Defendant’s failure to comply with any of the conditions of the Agreement may result in the State proceeding with prosecution. (If the case is a misdemeanor, the Defendant is notified that the statutory deadline to file a jury demand has lapsed without Defendant’s request for a jury made. If the Defendant violates the terms of this Agreement and wishes to contest the charges at that time, the Defendant is on notice that the State will object to the filing of a jury demand. The Defendant has the opportunity to contest the violation and/or charges with a bench trial to the Judge.)

The Defendant acknowledges that, if he/she is not a citizen of the United States, signing this plea agreement and pleading guilty may cause the Defendant to be deported. The Defendant further acknowledges that for a substantial number of criminal offenses, pleading guilty to that criminal offense will result in virtually automatic deportation of the Defendant. The Defendant further acknowledges that he has discussed with his counsel the fact that the entry of a plea of guilty may cause the Defendant to be deported. The Defendant agrees to waive his/her rights pursuant to Criminal Rule 4 and waives the right to a jury trial and trial de novo in the event the Defendant violates the terms of this agreement and prosecution resumes. /S/ Brian Clark, Deputy Prosecutor Danny Berrospe Mark Applegate Brian Clark, 23532-49 STATE OF INDIANA ) IN THE BROWNSBURG TOWN COURT

) :

COUNTY OF HENDRICKS ) CAUSE NUMBER. 32I02-2304-CM-000445 THE STATE OF INDIANA

VS.

DANNY BERROSPE

ORDER ON PRE-TRIAL DEFERRAL AGREEMENT

Unless the case is dismissed due to successful completion of the diversion program, Defendant is ORDERED to appear for Review Hearing on . Date: Charles Hostetter, Judge

Distribution:

Brian Alexander Clark

Mark Applegate