Alternatives to Prosecution

Both the Community Prosecutor’s Office and the Defense Advocate Office have personnel dedicated to supporting the success of deferred prosecution and diversion participants. We can help with referrals for services, seeking out community service opportunities, and celebrating successes along the way.

ADULT DEFERRED PROSECUTION

• Deferred prosecution agreements can be entered either before or after the filing of a Criminal Complaint.
• Deferred prosecution is entirely voluntary.
• If an agreement is reached, then the parties file a motion with the court to stay the proceedings.
• Providing that the defendant completes all of the terms of the agreement within the allotted time, the Community will move to dismiss the case against them if charges have been filed, or will agree not to file the charges at all.
• Terms are customized to the individual and can include such conditions as completion of a BHS assessment and any recommended counseling, completion of inpatient substance abuse treatment, community service, an agreement not to ingest alcohol or drugs and recurrent testing to ensure compliance, and other conditions as may be appropriate.

JUVENILE DIVERSION

Pre File and Post File

Juvenile informal Adjustment: Agreements are available both in cases where a Petition has been filed already and in cases where delinquency charges are pending but have not yet been filed

Services & Supports

• A variety of services are offered to minors, including counseling—participation in cultural events, community service, and tutoring.
• Diversion agreements may also include a condition that minors participate in Juvenile Wellness Court Successful Completion
• Once a minor successfully completes a diversion program, the minor’s case in juvenile court is dismissed (or if no petition had been filed, then the Community agrees never to file it)