The Douglas County District Attorney has established the following guidelines for the juvenile diversion application process. These guidelines are effective for any offense committed on or after July 1, 1997.
Diversion is a privilege and not a right. No presumption in favor of diversion exists in any case, and the burden of persuasion rests with the applicant to establish that a diversion agreement will best serve the ends of justice, the interests of the community, public safety and the rights of the victims.
In determining whether or not to grant diversion, the District Attorney will consider whether the applicant demonstrates a genuine sense of remorse and is prepared to acknowledge the act(s) charged and accountability for the consequences of his or her actions. Other factors to consider are the nature of the crime and the circumstances surrounding it, the probability that the applicant will cooperate and benefit from the program, the impact on the community of placing the applicant on diversion, the recommendations of the involved law enforcement officers and of the victims, the amount of restitution owed, and any mitigating and aggravating circumstances surrounding the crime.
The District Attorney will consider a number of factors in determining whether or not diversion is appropriate. It is presumed by these guidelines that diversion is NOT appropriate in the following circumstances:
ALL COURT APPEARANCES MUST BE ATTENDED DURING THE APPLICATION PROCESS
You may turn in this application AFTER you have been booked and had your first appearance
DIVERSION FEE SCHEDULE
|Juvenile Application fee||$25.00||Pay to District Attorney|
|Diversion Fee||$25.00||Pay to District Attorney|
|Court cost||$56.00||Pay to Clerk of the District Court|
|Restitution payments||$varies||Pay to Clerk of the District Court|
|KBI Lab fee||$400.00||Pay to Clerk of the District Court|
|Fine||$varies||Pay to Clerk of the District Court|
You must pay the $25 diversion application fee up front when turning in the signed diversion application. The court costs must be paid to the Clerk of the District Court and the diversion fee must be paid to the District Attorney’s Office at the time of turning in the signed diversion agreement. All other costs are to be paid to the Clerk of the District Court within three months of signing the diversion agreement. If payments are not made, the diversion agreement may be revoked and the case will be returned to the court docket for trial.