A new development in the law regarding juveniles allows for diversion from prosecution as on suitable cases. A criminal defense lawyer can approach the prosecutor or juvenile court intake services to advocate for diversion under N.J.S.A. 2A:4A-71. Successful diversion means that there will be neither trial nor conviction. The factors to be considered in deciding whether diversion is appropriate are the seriousness of the offense; the risk that the juvenile presents a substantial danger to others; family circumstances; and prior contacts with the juvenile justice system. In cases involving sexually suggestive communications, including sexting and the transmission of suggestive photographs, the willingness of the juvenile to undertake counseling and educational programs, as well as psychological services where necessary, can lead to a successful diversion and dismissal of charges.
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Joseph J. Rodgers Chartered is located in Northfield, NJ and serves clients throughout Southern New Jersey.
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