Now some in DuPage can join military to avoid prosecution
Nonviolent first-time offenders in DuPage County will have a new option starting today that could lead to their court cases being dismissed and records expunged: join the military.
Military recruiters will be on hand once a month outside the county's felony and misdemeanor courtrooms to prescreen potential recruits who have run afoul of the law for the first time.
A representative from the Navy will be in the courthouse today and an Army recruiter on Aug. 1.
DuPage State's Attorney Robert Berlin said he believes "there is no higher calling" than jury service and military service.
"It's a diversion program that provides another opportunity for first-time nonviolent offenders to have their case reduced or thrown out," Berlin said. "By going into the military, these people learn a skill, learn a discipline and serve our country. For the appropriate person, it's a win for everyone."
Berlin said the program got the green light only after months of discussion with staff and input from all branches of the military.
"After all of that, we decided this was the right thing to do," he said.
Defense attorneys have been advised to discuss the option with their eligible clients. Berlin said attorneys can submit cases for review at any time.
Several local defense attorneys said they support the new program.
"We actually have to have these types of diversion programs because we're being overwhelmed by a number of offenses that shouldn't even be coming through the criminal justice system," said defense attorney Jack Donahue. "If someone wants to serve our country in lieu of having a criminal background, God bless them."
Attorney Paul DeLuca said he has a few current clients whose cases he'll be submitting.
"It's a great idea," he said. "I think we're really starting to see a trend in the criminal justice system where we're starting to rehabilitate people back into society instead of just punishing them. So I support giving them this option."
If joining the military is not an option, for a variety of reasons, Berlin said his office's Pre-Trial Diversion Program is another possibility for nonviolent offenders.
In that program, defendants plead guilty, pay a $750 fee and appear before a residents panel that recommends conditions they must live under, including maintaining steady employment or college enrollment, completing community service and refraining from drugs and alcohol.
If all conditions are met after a year, the offender can withdraw a guilty plea and the case is dismissed. In many cases, the conviction also can be expunged from the person's record.
"The research is out there that for young first-time nonviolent offenders, good quality diversion programs are very successful. If we keep a young person from future crimes, the justice system is working the way it should," Berlin said. "And it allows me to divert my resources to violent crime."