Juvenile Crimes & Diversion in Massachusetts

By Attorney Patrick J. Murphy

When a young person is accused of a crime, what happens in the first few weeks can shape their future in a big way. Massachusetts juvenile law recognizes this and, in many cases, allows a path called judicial diversion—a structured, court-supervised alternative to formal prosecution that emphasizes accountability, services, and a clean slate. My goal as your child’s advocate is simple: protect their future while addressing the court’s concerns with a plan that actually helps.

What Is Judicial Diversion?

Under Massachusetts law, the Juvenile Court may divert a child from further court processing when a new case arrives at the clerk-magistrate stage or before arraignment. If the court orders diversion, proceedings are stayed (paused) for up to 90 days, often with tailored conditions such as counseling, school engagement, community service, or restorative programming. If the child completes the plan, the court can dismiss the complaint and order expungement of any record of the complaint, sparing the youth from a formal arraignment entry.

Diversion isn’t a “free pass.” It is a deliberate strategy to support positive youth development and reduce re-offending while avoiding the long tail of a juvenile record. In fact, the court can order diversion even without a formal assessment if there is already sufficient information that the child would benefit.

Why Seek Diversion?

• No arraignment entry during the stay. A child placed into diversion is not arraigned while the case is paused, and no entry is made in the juvenile record system (CARI) during that stay. That can make a real difference for school, sports, financial aid, and future opportunities.
• Dismissal and expungement of the complaint record upon success. After successful completion, the court may dismiss the complaint and direct expungement of any record of it.
• Developmentally appropriate accountability. Diversion focuses on supports that work for adolescents rather than one-size-fits-all court supervision, which research shows can backfire when it’s unnecessarily rigid. Massachusetts Juvenile Courts recognize that fewer, targeted conditions tend to reduce recidivism more effectively than heavy-handed supervision.

Who Is Eligible—and Who Isn’t?

Eligible: Many first-time and lower-level allegations qualify, and a prior juvenile record does not automatically bar diversion. The District Attorney may also choose to divert a child before or after the court’s assessment—even outside the usual charging limits—with or without the court’s permission.

Not eligible: The statute excludes several categories. A case generally cannot be judicially diverted if the child is:

• Indicted as a youthful offender, or
• Charged with an offense that, if prosecuted in adult court, carries a potential sentence over five years, has a mandatory minimum, or rules out a CWOF (continuance without a finding) or placing the case on file, or
• Charged with certain enumerated offenses listed in M.G.L. c. 277, § 70C. Examples include many OUI-related offenses, witness intimidation, certain 209A violations, and specific weapons or sex offenses. Some offenses—such as resisting arrest, disrupting court proceedings, picketing, and simple A&B—are expressly not excluded and may be diverted.

If you’re unsure whether an allegation appears on the excluded list, we’ll review the charge against the statute and advisory materials quickly to determine whether judicial diversion is available.

How the Diversion Process Works (Step-by-Step)

1. Move early—before arraignment. Defense counsel should request diversion assessment before arraignment. Speed matters because diversion is designed to occur pre-arraignment to avoid a formal entry.
2. Assessment or direct order. Upon request, the judge may (a) continue the case for up to 14 days and refer the youth to Probation or a community program for an eligibility assessment, or (b) order diversion without an assessment if sufficient information already shows the child would benefit.
3. Customized plan. Probation or the program recommends whether the juvenile would benefit from diversion and may suggest conditions. We’ll present a tailored plan—for example: school attendance support, therapy, substance education (if relevant), apology letters or restorative conferencing, narrowly tailored community service, or mentoring—so conditions are achievable and meaningful.
4. Stay of proceedings (up to 90 days). The court stays the case for up to 90 days (and may set a shorter period if justice is better served). If needed, the stay can be extended up to an additional 90 days to finish conditions.
5. Review and result. At the end of the stay, Probation or the program files a report. The court may dismiss (and order expungement of any record of the complaint), extend the stay briefly, or resume proceedings if conditions weren’t met.

What if a new allegation arises during diversion? The court can bring the child in, hold a hearing, and—if it finds probable cause on the new allegation—end the stay and allow the Commonwealth to proceed on the original complaint. A youth should not be terminated from diversion without a hearing.

Critical Protections During Diversion

Even if diversion is later terminated, Massachusetts provides strong Fifth Amendment-style protections:

• The request for assessment, decision not to enter a program, any determination of non-benefit, and statements made during an assessment or programming are inadmissible in later proceedings against the child (or a co-defendant).
• Acts or statements made to fulfill diversion conditions also cannot be used as admissions later.

These safeguards encourage honest participation without fear that cooperation will be used against the youth.

How I Advocate for Pre-Arraignment Diversion

Every case is unique, but a strong diversion motion and presentation typically includes:

• Legal foundation. We cite the court’s authority to divert under G.L. c. 119, § 54A and, where helpful, the juvenile court’s mandate to treat youth “not as criminals, but as children in need of aid, encouragement and guidance” under G.L. c. 119, § 53.
• Eligibility analysis. We analyze the charge against the excluded-offense lists and penalty thresholds so the judge can see, at a glance, why the case qualifies.
• Personalized plan. Judges respond to concrete, realistic conditions tied to the youth’s circumstances—school schedule, transportation, family responsibilities, and any learning or behavioral needs. The practice materials even suggest seeking social-worker involvement early so proposed conditions are appropriate and achievable.
• Positive supports & strengths. We highlight school enrollment, employment, extracurriculars, mentorship, or community ties—proof that the child is set up to succeed on a short, focused plan. The sample motion framework illustrates how to present this clearly and persuasively.

Frequently Asked Questions

The Bottom Line

Diversion is about protecting a young person’s future while addressing the court’s legitimate concerns with a measured, developmentally sound plan. When handled early and strategically, it can avoid an arraignment entry, lead to dismissal, and remove the complaint record—without sacrificing accountability or public safety. If your child has a new juvenile case anywhere in Massachusetts, I’m ready to move quickly to evaluate eligibility and present a persuasive, practical diversion plan.

Attorney Patrick J. Murphy – Juvenile Defense & Diversion, Massachusetts
Contact or call 617-367-0450 to discuss your child’s options today.