Fairfax County is reaching out to parents to explain a new process that helps young first-time offenders arrested for marijuana possession avoid a court appearance. Virginia implemented new rules on July 1 that streamlined the way some pot possession cases are handled. But those new rules are causing a lot of confusion, county officials said.
Under Virginia law many first-time pot offenders have the option of “diversion” — avoiding a court appearance and opting for a more informal monitoring instead. But parents were confused when their child’s summons arrived with a “notice for diversion.”
“We’re trying to get the word out about what the process is to help everybody,” said Jamie McCarron, Fairfax County Juvenile Court’s director of probation services. “We got tons of phone calls from parents whose kids have been served saying, ‘What is diversion? Who do I talk to about what I have to do?’ ”
Now the juvenile court is reaching out to parents on the county website to explain how diversion works and who is eligible for it. Those who participate avoid being charged with a crime and appear before a court officer instead of a judge to determine a consequence for the offense, such as community service.
About 400 Fairfax County youths were charged with possession of marijuana over the past year, and about 120 of those cases went through diversion rather than court, county officials said. Not all cases are eligible for diversion.
Proponents say the diversion process, which has been on the books in many states for decades, prevents youths from racking up a criminal record and claim it could prevent them from turning to harder drugs in the future. Studies differ on whether it works.
“A diversion program that prevents our children from using stronger and more harmful drugs is a worthwhile endeavor. Just do the math — the costs of incarceration, the loss of a productive citizen in our community and, most costly, the loss of a child’s potential that may never be realized due to substance abuse,” said Al Carr, a former Fairfax County lawyer who now works for the Virginia State Bar.
Others see dangers in a no-hassle diversion process.
“They make it sound real harmless and real simple, but it has the added effect of putting a rubber stamp on some people that are potentially truly innocent,” said Paul McGlone, a lawyer who defends marijuana possession cases in Fairfax County.
McGlone said many teenagers are charged with marijuana possession when hanging out with others handling the drug, even if they themselves refused to touch it.
“Diversion is like putting them right on probation without having any due process,” he said.
