In the District Court of the Navajo Nation

[______[A1]]

OFFICE OF THE PROSECUTOR

Post Office Box 1743

Shiprock, New Mexico87420

Telephone: 505-368-1116/1117

Fax: 505-368-1124

IN THE DISTRICT COURT OF THE NAVAJO NATION

JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

THE NAVAJO NATION,
Plaintiff,
vs.
[Defendant’s Name [A2]],
DOB: [00/00/0000]
SSN [000-00-0000], C# [000000]
[Defendant’s Physical Address[A3]]
Defendant. / NO.: SR-[Category[A4]]-[AutoNumber]-[Year[A5]][A6]

MOTION TO

SUSPEND PROSECUTION

The Prosecutor moves the Court, pursuant to Rule 23 (1), Navajo Rules of Criminal Procedure, to suspend prosecution of the criminal charge (s) now pending against the defendant:

[Docket #[A7] ][Charge Code[A8]][Charge Description[A9]]

[Docket # ][Charge Code][Charge Description]

The Prosecutor states in support thereof, that the ends of justice would be best served if the defendant is permitted participation in a deferred prosecution program as set forth in detail in the Consent and Deferred Prosecution Pledge attached hereto and executed by the defendant.

Dated this [______][A10], day of [______[A11]], [Year].

______

[[A12]]

THE NAVAJO NATION

IN THE DISTRICT COURT OF THE NAVAJO NATION

JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

THE NAVAJO NATION,
Plaintiff,
vs.
[Defendant’s Name [A13]],
DOB: [00/00/0000]
SSN [000-00-0000], C# [000000]
[Defendant’s Physical Address[A14]]
Defendant. / NO.: SR-[Category[A15]]-[AutoNumber]-[Year[A16]][A17]

CONSENT AND PLEDGE TO

DEFERRED PROSECUTION PROGRAM

1. I understand that I am charged with the following criminal offense (s) under the laws

of the Navajo Nation:

[Docket #[A18] ][Charge Code[A19]][Charge Description[A20]]

[Docket # ][Charge Code][Charge Description]

2. I understand that if I am found guilty I can be given punishment, including imprisonment for a maximum period of days and payment of a maximum fine of

3. I understand that I have a right to a hearing before a jury or before a judge and that I have a right to a speedy and public trial, and that the Navajo Nation is required to present witnesses and evidence against me at the hearing to prove its case against me by proof beyond a reasonable doubt. I further understand that if the Navajo Nation cannot prove its case against me by proof beyond a reasonable doubt, the charges against me would be dismissed.

4. I understand that I am suspending my rights to a speedy trial by consenting to and participating in this pledge and program.

5. I hereby consent and voluntarily agree to be placed on a deferred prosecution program for a period of days, commencing and ending . I also consent and agree to the conditions of deferral as follows:

Seek and attend traffic survival school and provide proof of satisfactory completion to the Prosecutor.

Seek and attend Alcoholics Anonymous counseling on a bi-weekly/weekly basis for a period of months and provide proof of satisfactory attendance to the Prosecutor.

Enter and complete a residential alcohol abuse treatment program for a period of no less than days and provide proof of satisfactory compliance to the Prosecutor.

Submit to a term of counseling aimed at for a period of time deemed necessary and appropriate by the Prosecutor and/or the servicing entity and provide proof of compliance to the Prosecutor.

Perform community services for a period of hrs./days for the entity identified herein and provide proof of satisfactory completion to the Prosecutor as follows:

Submit to Peacemaker Court proceedings and disposition, including making payment of a $60.00 fee, aimed at resolving the following conflicts or problems:

Receive traditional ceremonies aimed at:

Pay Restitution or make reparations as follows:

6. Remain a law abiding citizen and specifically refrain from the conduct of the

following acts and behavior:

No use of alcohol beverages or other intoxicants.

No violations of laws of any jurisdiction.

Other:

7. I understand and consent to the deferred prosecution program and further, I understand that in the event I do not fulfill any or all of the Conditions of the program, the suspension may be revoked and full prosecution on all charges would resume. I also understand and consent that when I faithfully comply with all conditions of the deferred prosecution program, the charge (s) now pending against me will be dismissed with prejudice.

Finally, I understand that any monies which I may have posted as cash bail bonds shall remain in deposit with the Courts, pending completion of my program and final appearance to complete this matter.

DateDefendantAddress

Defense Counsel:

IN THE DISTRICT COURT OF THE NAVAJO NATION

JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

THE NAVAJO NATION,
Plaintiff,
vs.
[Defendant’s Name [A21]],
DOB: [00/00/0000]
SSN [000-00-0000], C# [000000]
[Defendant’s Physical Address[A22]]
Defendant. / NO.: SR-[Category[A23]]-[AutoNumber]-[Year[A24]][A25]

ORDER

The Court having received and reviewed the Motion to Suspend Prosecution in the above entitled matter and having found good cause therein, hereby ORDERS:

That the Motion to Suspend Prosecution shall be GRANTED.

IT IS FURTHER ORDERED that the Defendant, upon his understanding and agreement, shall abide by the conditions set forth in the agreement.

SO ORDERED this ______day of ______, 2010.

______

JUDGE, DISTRICT COURT OF THE NAVAJO NATION

-1-

[A1]Assigned Prosecutor, w/ title e.g. Daryl Junes, Senior Prosecutor

[A2]Defendant’s name: LAST (Caps), First, Middle

[A3]e.g. 2 miles East of Two Grey Hills Chapter House]

Two GreyHills, New Mexico

[A4]

2 categories only for this plea agreement form: CRTR (Criminal Traffic); and CR (Criminal). No juvenile cases in District Court. All juvenile cases would be routed to the “Family” Court and use different forms.

[A5]2 numbers i.e. “10”

[A6]May b multiple docket #s

[A7]Every charge gets a different docket #

[A8]From statute workbook In this format: 17 N.N.C. § 314

[A9]From statute workbook e.g. BATTERY

[A10]day, formatted 2nd, 3rd, 4th

[A11]Month printed

[A12]Assigned prosecutor w/ title e.g. Daryl Junes, Senior Prosecutor

[A13]Defendant’s name: LAST (Caps), First, Middle

[A14]e.g. 2 miles East of Two Grey Hills Chapter House]

Two GreyHills, New Mexico

[A15]

[A16]2 numbers i.e. “10”

[A17]May b multiple docket #s

[A18]Every charge gets a different docket #

[A19]From statute workbook In this format: 17 N.N.C. § 314

[A20]From statute workbook e.g. BATTERY

[A21]Defendant’s name: LAST (Caps), First, Middle

[A22]e.g. 2 miles East of Two Grey Hills Chapter House]

Two GreyHills, New Mexico

[A23]

[A24]2 numbers i.e. “10”

[A25]May b multiple docket #s