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A 16-year-old in Spokane, Washington is referred to juvenile court after spray-painting a wall behind a grocery store. A few weeks later, a letter invites him to meet with a diversion unit. Diversion is a path where a young person agrees to meet certain conditions, and in return the case does not go to a formal court hearing. For many first cases, it is the most likely outcome.
Two kinds of diversion
The Office of Juvenile Justice and Delinquency Prevention (OJJDP), part of the U.S. Department of Justice, describes two broad kinds. In informal diversion, police may warn and release a young person, refer them to services, or hold charges for a set time. If there is no further contact with the law, the charges are dismissed.
Formal diversion usually comes after charges are filed. A prosecutor or judge refers the youth to a program. OJJDP says these programs often require an admission of guilt and an agreement to take part, and that finishing the terms usually means no further court processing.
That admission matters. It is one reason to talk with a lawyer first.
What an agreement can include: Washington as an example
Every state runs diversion its own way. Washington writes its rules into state law, RCW 13.40.080, and they show what a typical agreement looks like. A diversion agreement there is a contract between the young person and the diversion unit. It can include up to 150 hours of community restitution (unpaid community service), never during school hours for a student. It can require paying back the victim's actual loss and up to 10 hours of counseling or up to 20 hours of classes.
The agreement cannot last more than six months, though the young person can ask for six more. Parents cannot sign it for the youth or block the youth from signing. A young person can also say no and ask for the case to go to court at any time before signing.
Your right to a lawyer and a fair process
In re Gault (1967) is the U.S. Supreme Court case that gave young people in juvenile court the right to notice of the charges and to a lawyer. Washington's law carries that into diversion: the right to counsel starts before the first interview, and the unit must tell you about it at intake.
The same law says the only reason to end an agreement is a violation of its terms, and that ending it takes a court hearing with written notice first. If that happens, the prosecutor can file the original charge.
Before you sign anything
Ask for a lawyer before the first diversion interview. In most places a public defender can advise you for free. Read every condition and ask what happens if you miss one. Ask whether you must admit to the offense, and ask what record will remain once you finish.
Rules on records differ by state. Our article on sealing and expunging juvenile records explains what to ask about. Write down the date your agreement ends and keep proof of every hour and payment you complete.
Da ricordare
- Diversion means meeting conditions instead of being prosecuted. Finishing them usually ends the case.
- Formal diversion often requires admitting the offense, so talk to a lawyer before you agree.
- In Washington, agreements are capped at 150 service hours and six months, and parents cannot sign for you.
- In re Gault (1967) gives young people in juvenile court the right to a lawyer. Use it at the diversion stage too.
Fonti
- Office of Juvenile Justice and Delinquency Prevention: Model Programs Guide literature review, Diversion from Formal Juvenile Court Processing (si apre in una nuova scheda)
- Washington State Legislature: RCW 13.40.080, Diversion agreement (si apre in una nuova scheda)
- Legal Information Institute (Cornell Law School): In re Gault, 387 U.S. 1 (1967) (si apre in una nuova scheda)
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