Tribe: Fort McDowell Yavapai Nation
Rule 80. – Nation’s discretion.
In any case in which the Nation believes that justice is better served by diverting a case from formal criminal prosecution to diversion, the Nation shall have the discretion to offer diversion program(s) to a defendant so long as the program offered is appropriate to address the underlying charges. […] Rule 81. – When offered.
The Nation has the discretion to offer diversion program(s) at any reasonable point prior to trial. […] Rule 82. – Tolling of time; speedy trial.
When diversion is offered for the benefit of a defendant, time is tolled for purposes of speedy trial calculations so long as the offer for diversion participation is made in good faith and not for purposes of delay. […] Rule 83. – Entry of guilty plea; deferred acceptance of plea.
In any case wherein diversion is offered, the defendant will be required to enter a plea of guilty to the charges. The Court will make a determination whether the plea was entered knowingly, intelligently and voluntarily and, if possible find a factual basis. However, the Court will defer acceptance and entry of the guilty plea onto the record and order the defendant to the diversion program(s) for successful completion. The Court shall advise the defendant that if he or she fails to successfully complete the diversion program(s), the Court will, upon notification and at hearing, formally accept the guilty plea and set the matter for sentencing. In addition, the Court will also advise the defendant that if he or she fails to successfully complete the diversion program, the Court could impose contempt charges and penalties in addition to the underlying charge and penalty for failure to obey a lawful order of the Court.