Juvenile Diversion

MELBOURNE, BREVARD COUNTY | JUVENILE DEFENSE ATTORNEYS

If your child has been arrested or is under an investigation for a crime in Melbourne, Brevard County, or anywhere in Central Florida, your best protection is to retain an aggressive and experienced juvenile defense attorney at the earliest possible stage in your case.

Juvenile Diversion Overview

When a child is charged with a crime in Brevard County, early in the case, the State Attorney’s Office will make a determination whether the case can be resolved through a voluntary program known as “diversion.” Diversion is an alternative to the juvenile justice system that keeps the child’s case out of Court. Children who are new to the juvenile justice system and are charged with non-violent misdemeanor offenses are usually good candidates for the program.

The process for entrance into a diversion program begins as soon as your child is taken into custody. A Juvenile Probation Officer (JPO) will be assigned to the child’s case and will review all documents submitted by law enforcement in regards to the alleged incident. During the review, the JPO will make a determination as to whether the child is eligible for a diversion program. The results of the JPO’s review are submitted to DJJ, who reviews and forwards it to the Assistant State Attorney assigned to the child’s case. The State will review the recommendation prior to child’s arraignment, at which time the child should inform the Court if he/she would like to participate in the program.

The greatest benefit to diversion is that all charges pending against the child are dismissed upon successful completion of the program. This allows your child to avoid a criminal conviction and, ultimately, a criminal record. However, it is important to note that participation in diversion requires your child to forego their right to a speedy trial. Additionally, juvenile diversion programs require participants to admit wrongdoing and accept responsibility for their actions. If your child is innocent of the charges brought against them, it is important to consult an attorney immediately, as diversion may not be the appropriate option.

The P.A.Y. Program

Prosecution Alternatives for Youth (commonly known as the “PAY Program”) is the juvenile diversion program for children charged with crimes in Brevard County. Generally, it is designed to provide early intervention and rehabilitation for children. If admitted, the PAY Program staff will make a determination as to which specific program your child will complete. PAY Program options often include Teen Court and the Community Arbitration Program.

• Teen Court – Teen Court allows participating juveniles to have their case heard by a jury of their peers. Teen volunteers participate in the roles of the defense attorney, prosecuting attorney, court deputy, clerk and jurors. After the case is presented, jurors deliberate and assign appropriate sanctions. Common sanctions include community service, written apologies, essays, teen court jury duty, and substance abuse classes.
• Community Arbitration Program (“CAP”) – CAP allows participating juveniles to have their case heard by a trained community arbitrator. After the case is heard, the arbitrator assigns appropriate sanctions. As in Teen Court, common sanctions include community service, written apologies, essays, teen court jury duty, and substance abuse classes.

The Canina Law Firm | Juvenile Defense Attorney

A juvenile should never go into the legal system alone. If your child has been arrested in Melbourne or anywhere in Brevard County, Florida, for a misdemeanor or felony offense, CONTACT The Canina Law Firm today for your FREE Case Evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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