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- To make it simple, there are two types of diversion in California – formal diversion and information diversion. In legal terms, diversion arguably avoids a criminal conviction on someone’s record. Diversion is typically offered when someone is a first-time offender or is facing drug charges.
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When law enforcement takes temporary custody of a youth, there are several options for diversion. Law enforcement may counsel and release the youth, or may refer or deliver the young person for diversion services.
Aug 12, 2016 · To make it simple, there are two types of diversion in California – formal diversion and information diversion. In legal terms, diversion arguably avoids a criminal conviction on someone’s record. Diversion is typically offered when someone is a first-time offender or is facing drug charges.
The decision to divert pre-arrest resides with law enforcement officers. This type of diversion is commonly referred to as police-led diversion, and occurs when law enforcement officers encounter circumstances that suggest that avoiding the criminal justice system altogether serves the best interests of the community and
When a young person is stopped by a law enforcement officer for an alleged offense, they are referred to a diversion provider based in their community for healing, support, and development opportunities. The young person works with a case manager to set their own goals and design a diversion plan.
- Diversion Program Under The California Law
- Eligibility Criteria For Informal Diversion
- Importance of The Diversion Program
- Why Informal Diversion Program
- Juvenile Delinquency Court Process
- The Arrest
- Investigation After The Intake
- Detention Hearing
- The Jurisdiction Hearing
- Disposition Hearing
A diversion program is an alternative form of sentence for your child. If your child is put in it, they will be required to fulfill some terms and conditions to have the case dismissed. When your child is placed in a diversion program, he or she has an opportunity to live a responsible life without a criminal record. One of the programs under the d...
There are some factors that are usually considered before a decision is made to have your child in the diversion program. They include: 1. If you and your child can have the case settled without going through the formal court process 2. If the conduct of your child is serious 3. If your child has issues that need further investigation before the de...
The diversion program provides the youth with different experiences in the juvenile justice system. Some of the arguments that support the diversion program are: 1. To act as a support option for you to become more productive rather than confining them 2. Diverting the youth who have been charged with offenses to prevent future delinquency 3. Proce...
Informal diversion programs are an efficient and cheaper way of dealing with many offenders who meet the eligibility criteria. Diversion programs also help in decongesting the county jail and state prison. A diversion program corrects the child’s behavior, especially if your child is a first-time offender. The reason is that if your child is senten...
If your child has been involved in a delinquency case, it means that he or she has broken the law. The court considers the age of your child, the criminal records, and how serious the crime is. Depending on those factors, the court may give different orders: 1. That your child should live with you but under the supervision of the court 2. That your...
When the police arrest your child, they can: 1. Record the arrest and your child is let to go home 2. Send your child to an institution or an agency that will shelter him or her 3. Ask your child to go with them to the police station 4. Put your child in detention The police have a responsibility to explain to your child about their rights, which i...
After your child is taken to the juvenile center, the probation officer does the investigation to identify the crime’s facts and how serious the crime is. If the probation officer finds out that your child did not commit a serious crime, your child can: 1. Be warned, and then let go There will be no charges filed against your child 2. Be put under ...
At the detention hearing, the judge decides whether your child will be detained or let go home. The judge makes the decision by evaluating the evidence presented by the victims. At this hearing, your child needs to have legal representation to help defend the case. A detention hearing is followed by a pre-trial hearing, where the purpose of the cas...
Depending on the evidence that has been presented, the judge makes a verdict. The judge reads out the petition and the charges filed against them. Your child will be asked to admit or deny the charges against them. If the charges are true, the attorney then comes in to challenge the case by presenting legal defenses. Your child’s attorney can also ...
At the disposition hearing, the judge decides on the punishments that your child will have to face for the crime they committed. Before the judge makes the decision, there is some important information that will help in the process. The judge will look at your child’s criminal history, the victim’s statement, school and family history, and any reco...
California's Misdemeanor Diversion Programs Explained. Under Assembly Bill 3234, judges have the discretion of granting misdemeanor diversion instead of a jail sentence. The diversion runs for up to two years, where the defendant must abide by some set terms and conditions.
In this series, we have examined what diversion is and what it is not, the four primary purposes of diversion, whether diversion contributes to public safety, how the “what works” research can be used to determine who should be
