ZaiOS

Agreement to Withhold Prosecution (Pretrial Diversion Contract)

Court: Marion Superior Court, Criminal Division, Marion County, Indiana
Cause No: 49D19-2404-CM-010529 (orig. 49D33-2404-CM-010529)
Prosecuting Authority: State of Indiana, Office of the Marion County Prosecutor
Defendant: Zaitullah J. Khebarkhil
Filing Date: July 11, 2024
Governing Authority: Indiana Code § 33-39-1-8 (Pretrial Diversion Program)

Contractual Terms & Obligations

  1. Abeyance of Prosecution:
    • The State of Indiana agreed to withhold prosecution of Count I (Theft, Class A Misdemeanor) for a period of one (1) year.
  2. Conditions Imposed:
    • Defendant agreed to commit no new criminal offenses or traffic violations.
    • Defendant agreed to satisfy statutory diversion fees ($474.00) or perform 40 hours of community service work upon indigency determination.
  3. No Admission of Guilt / No Plea:
    • Under I.C. § 33-39-1-8, entry into a pretrial diversion contract is an administrative agreement to defer prosecution; it does not involve entering a plea of guilty or nolo contendere, nor does it require a factual admission before a judge.
  4. Fulfillment & Dismissal:
    • Defendant performed all terms.
    • On June 11, 2025, the State filed a Motion to Dismiss citing compliance with the Diversion Agreement.
    • Judge Marc T. Rothenberg entered the Order on Motion to Dismiss, fully dismissing all charges with prejudice and ending all court jurisdiction.

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