I NEVER admitted guilt. I plead not guilt then my lawyer came back and asked if i could do diversion. That is in no way admitting guilt.
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I NEVER admitted guilt. I plead not guilt then my lawyer came back and asked if i could do diversion. That is in no way admitting guilt.
I don't know a state that does not require you to admit guilt in order to be given a deferred pros.. If you plead not guilty, serving even a def pros would be an abuse of the courts authority. They cannot penalize a person that is not ruled guilty. That would be in direct contrast to a person's constitutional rights.
Still, it would be pretty stupid of person to accept such a penalty if they were in fact not guilty and there was no evidence to support the charge.
They said by completing diversion you are not admitting guilt.
here is an excerpt from one of the county prosecutors offices in your state. The law is statewide so it will be the same in all of the counties.
Quote:
The juvenile is then scheduled for a Diversion Program Intake group prior to their Court date. The intake group consists of a presentation about the juvenile justice system and the Diversion Program. In addition, a Diversion Officer meets individually with each family to determine final eligibility for the Diversion Program . The Program conducts an additional screening to determine if the juvenile accepts responsibility for their referred offense and has the willingness to make changes in their behavior and follow through with the requirements of the program. If the juvenile is eligible for the Diversion Program and is interested in participating in Program, an affirmative recommendation is made to the Deputy District Attorney.
The juvenile and their parent(s) would then return to court for the entry of a plea. At that court appearance, the Deputy District Attorney would then officially offer the Diversion Program to the juvenile if he/she determines that it is an appropriate offer. The order for deferred adjudication is subject to the approval of the Juvenile Court. If the juvenile's guilty plea is accepted and a deferred adjudication is ordered, the juvenile then returns to the Diversion Program at a prescheduled time to begin the program. The juvenile's one year term begins the day they plead guilty in Court and receive the deferred adjudication.
I don't think they would say I plead guilty if I had no idea I was. On my record i have that I completed diversion for the charge and I can get it expunged a year after completion. I already completed diversion and I can still get my juvi record expunged. I never said I was guilty for the crime, to my parents, attorney, judge or diversion officer. They cannot just assume I am guilty because I did diversion. I did diversion so there was neither a guilty or non guilty plead on my record.
Well, the sentence was entered. So I guess you should go blame your parents.......
sure fine whatever. Then based on your last statement, your diversion period has not started yet.
In the end that would be right but to get to that point, you had to plead guilty or they would not have put you into the diversion program. They do not put innocent people in the program and since they didn't try you, the only other way to determine guilt would be by your admission.Quote:
I did diversion so there was neither a guilty or non guilty plead on my record.
JK,
pre-trial diversion in Nebraska does not require you to admit any guilt. In fact person charged doesnt appear before the judge for receiving a pre-trial diversion, OP might have gotten that kind of diversion, So I am not sure why you would say no state allows you not to admit the guilt for getting diversion, you use word deferred pros, which is different from pretrial diversion, whereas OP is mentioning diversion and not deferred pros.
page 39, lines 12-13 support my assumption on this link, http://www.napsa.org/publications/ptdivcaselaw.pdf
I never appeared before the judge though. Don't you have to yourself admit to guilt. I actually said nothing my attorney just asked if I could