Deferring Criminal Prosecution in a Vlnerable Adult Abuse Case

Choctaw Rules Title XXXI, §31-1-16

Tribe: Mississippi Band of Choctaw Indians

§31‐1‐16 Deferring criminal prosecution. Criminal prosecution of any person accused of vulnerable adult abuse, neglect or
exploitation may be deferred or dismissed as allowed by the provisions of the Choctaw
Tribal Criminal Code provided that, in addition to those provisions: (1) the vulnerable adult, the vulnerable adult’s family and caretaker, and the
accused, agree to resolve conflicts either through counseling, mediation or other
tribally recognized dispute resolution process; (2) all parties concerned agree to accept services that are necessary to rectify the
situation; (3) the crime is not of a nature involving significant bodily injury or intentional
bodily injury regardless of extent of injury or intentional property damage; (4) the accused person does not have a prior record of related criminal offenses;
and (5) essential witnesses will likely be available if prosecution is undertaken within six
(6) months.

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