Cuming County Diversion

Diversion is a program established in 2004 by the Juvenile Awareness Group designed to keep offenders out of the court system. It is based upon the belief that, in many instances, there is a more appropriate and beneficial way to prevent future offenses. If an offender successfully completes the program, the charges will be dropped and there will be no court record.

Youth may be eligible for diversion for an offense for each of the following offense categories:

• MIP and/or drug related offenses
• Assault offenses
• Property offenses
• Certain traffic offenses

The County Attorney must make a recommendation to the diversion program before application is considered. The County Attorney has the right to refuse or allow any individual for participation

No. You can only be placed on probation by the court after you have been found guilty of an offense.

To be eligible for diversion, youth must meet the following criteria:

• No previous misdemeanor conviction for the same offense category.
• No previous participation in the diversion program for the same offense category.
• No previous felony conviction.
• Accept responsibility for the offense.
• Be willing to accept all of the terms and conditions of the diversion program.
• Have not yet reached the age of 18 to participate in the (juvenile) diversion program.

The diversion program fee ranges from $50.00 to $300.00 depending on the nature of the offense, of which $25.00 will go to the Cuming County Law Enforcement Equipment Fund. In addition, you will be assessed a $50.00 non-resident fee if you reside outside of Cuming County. You will have to pay for any evaluations, counseling, classes, programs, or other services required by your diversion contract. You may also have to pay restitution.

Three months to one year depending on the nature of the offense.

An individual is eligible for the diversion program one time per offense category. An individual may not participate in diversion until at least 6 months has passed after the completion of any previous diversion program, subject to the discretion of the Diversion Coordinator to allow reentry.

In reality, the terms and conditions of the diversion program depend on the offense and the history of the individual. The Diversion Coordinator will discuss the specific terms and conditions of an individual’s program at the time the diversion contract is signed. Possible terms and conditions may include:

• Obey all local, state and federal laws
• Submit to a chemical test of blood, breath or urine
• Alcohol/Drug Education Courses
• Community service hours
• Written apology
• Written reports
• Curfew
• Defense Driving Course

If you do not complete the program, your case will be returned to the County Attorney for prosecution.

If you are arrested or charged for any offense while in the diversion program, you will not be able to complete the program until such offense has been resolved. If you plead guilty or are convicted of such offense, you will automatically be terminated from participation in the diversion program and your case will be returned to the County Attorney for prosecution. At the discretion of the Diversion Coordinator an arrest or charge for a new offense may be grounds for immediate termination from the diversion program.

You may be removed from the diversion program by violating any term or conditions of the diversion contract.

No charges will be filed against you in court on this offense and you will have no court record.