Juvenile criminal process differs from that in adult criminal courts. Rather than findings of guilt producing convictions, juvenile judgements produce “adjudication” of criminal liability. Further differentiating the two processes is the fact that some criminal charges against juveniles can be handled entirely outside of the legal system by a process for dealing with accused juveniles and handing down any possible sanctions.
Diversion
Diversion is a procedure by which juvenile crimes are processed outside courtrooms and without involvement of a criminal judge. No adjudications of guilt or innocence are made, and the juvenile, regardless of culpability, can avoid both a criminal history and detention in a juvenile detention facility. While the juvenile involved in the process of diversion can choose to seek assistance from a lawyer, no lawyer is necessary for the representation of the accused and no lawyer will be allowed to take part in the processional meetings.
The proceedings in a diversion remain private, as opposed to juvenile court proceedings which are open to the public and recorded into documents made available publicly. Records containing only offenses resolved by diversion will automatically be destroyed by court officials upon the later completion of two events: the offender reaching 18 years of age and completion of a two year period without further criminal charges.
Juveniles accused of crimes not involving drug or alcohol use meet with members of a Community Advisory Board consisting of volunteer residents of the juvenile’s home community, at a location near the juvenile’s residence. Parents of the juvenile must attend. Meetings will take place first with the CAB and juvenile joined by the parents, then between CAB and juvenile alone, then between CAB and parents alone, and finally, the CAB members will confer among themselves. The process usually takes place within an hour or so.
Crimes associated with drug or alcohol use will involve the juvenile offender meeting with a drug and alcohol counselor rather than a CAB.
What crimes are eligible for diversion?
First misdemeanors are automatically referred by juvenile courts to the CAB for diversion. The juvenile offender will not be required to follow through with the process of diversion, and retains the option of continuing with the juvenile criminal court process. A second misdemeanor will be at the discretion of the prosecuting attorney to either divert or file with juvenile court. Subsequent misdemeanors and felonies are not eligible for diversion.
Results of Diversion
At the conclusion of a diversion, an indication of juvenile culpability will be met with a Diversion Agreement, which the juvenile offender will be required to sign. A monitor will be assigned to oversee completion of the terms. If the juvenile fails to meet requirements contained in the agreement, the case will be remanded to juvenile court.
Possible sanctions will include paying of fines, paying of restitution to victims, attend drug or alcohol counseling, performance of community service, reporting to an assessment for drug and alcohol use, or other agreements to cease and desist from offending acts.
If you or a loved minor is involved has been accused of a criminal offense, learn your rights to avoid criminal record and detention. Contact or call The Nahajski Firm at 206-621-0500 for a free and confidential initial consultation.