Once called in to investigate a juvenile matter, police are given great discretion as to how to proceed. Once a report reaches our office, we consider whether to file charges. Sufficiency of evidence and the need for court intervention are the two main considerations in this decision. If the matter is filed with the court, notice is given to the juvenile and his or her family. The court will appoint an attorney to represent the juvenile although the family is free to retain private counsel.
Diversion is a program for low-level first time offenders.
It is an agreement between the Respondent and the court to follow a diversion education program. If the program is completed, the case is dismissed without a finding of guilt. If diversion is not requested or approved, the Respondent must answer the charges. If the Respondent pleads not guilty, the matter is set for trial. The Respondent benefits from almost all the same rights an adult criminal defendant would have.