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Juvenile diversion...no charge or arrest

Discussion in 'Juvenile Crime, Law & Court' started by MYHendrix, Apr 25, 2007.

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  1. MYHendrix

    MYHendrix Law Topic Starter New Member

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    I am in a bit of a quandry as to how to deal with this: my son was with three friends, he was 16 y.o. at the time, and someone decided it would be cool to drop dry ice in a water bottle with a little water, cap it, toss it, and watch it go boom. They were out in the country, but the police came by, found a bag of dry ice on the road, and informed them that making "dry ice bombs" is a class 5 felony. One officer brought my son home after midnight, and gave a speech about how dangerous it was, and said he had to write it up and send it to the DA, and it was up to the DA to decide what to do. None of them were charged or arrested. They were not read their rights, nor given an opportunity to ask for a parent to be present. This occurred several weeks ago. Last Friday we received a notice that we were due to go to a juvenile diversion program. One of the other boys went already, and was told that they were going to charge them with arson if it went to court. There was nothing combustible in their vicinity that coul cause a fire, there was no intent to cause harm, and no malice of any kind. Just idiocy. Anyway, they can demand money, community service, put whatever limits they feel like putting on the boys' activities, if the papers are signed, and tin return, following completion of the program, the charges would be dismissed with prejudice. None of the boys has ever been in any kind of trouble, and one young man, with entirely good intentions, I'm sure, has already taken responsibility for the incident. What would be in the best interests of my son? If he does not accept the offered juvenile diversion, they have indicated that the case will go to court. If that is in my son's best interests, I will find a way to do that. This entire proceeding rather offends my sense of justice. The boys were certainly stupid, but this has nothing to do with any kind of service to the public, and seems to be harassment, especially since they ignore use and manufacture of illegal drugs, and other major crimes deliberately and on a regular basis everywhere in the county.
     

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