Haskell County Diversion Program
According to Kansas law, every Defendant is to be instructed about the possibility of obtaining a diversion. A diversion is an agreement between a prosecutor and a defendant in which the defendant stipulates to the crime for which he is charged and agrees to abide by the terms of the diversion. If the diversion is successfully completed, the case will be dismissed and the charge will not appear on the individual's record. However, if the diversion is not successfully completed, the prosecutor can use the diversion stipulation to obtain a guilty verdict. Therefore, a diversion is a double-edged sword. If a person is able to comply with the terms of diversion, he can avoid jail time and keep criminal charges off of his record. If a person is not able to abide by the terms of the diversion, the stipulation of facts can be used against the defendant at his trial.
Common terms of diversion are payment of diversion fees, court costs, notifying the prosecutor of any change in residence, and not committing any other criminal acts. In the case of a DUI, the person will also be required to obtain an alcohol/drug evaluation before being accepted on diversion and will be required to comply with any recommendations of the evaluation. In case of juvenile and young offenders, community service is often required. There may be other requirements depending on the crime charged.
If you wish to apply for diversion, you will need to plead not guilty and inform the judge that you wish to make application for diversion. The prosecutor will provide you with a diversion application that must be completed and returned to the County Attorney's Office before you leave. The County Attorney's Office is located at 200 S. Inman. The judge will set a scheduling hearing in approximately forty-five (45) days from your court date. If you have been accepted on diversion prior to the scheduling date, you will not need to appear. However, if you have not been approved on diversion by your scheduling date, you will loose your eligibility for diversion and will need to appear at the scheduling hearing. At the scheduling, a date for a trial will be set. Therefore, it is important that you comply with the following time schedule.
In the case of a DUI you must obtain an alcohol/drug evaluation and have a copy of the evaluation sent to the County Attorney's Office within two (2) weeks. You can get a list of facilities that perform alcohol/drug evaluations from the County Attorney's Office. Within two (2) weeks after receiving an alcohol/drug evaluation, the County Attorney's Office will send you a diversion agreement. If you have not received the agreement within the two (2) week period, you should notify the County Attorney's Office to make sure it has been sent to the correct address. You are then responsible for returning the agreement along with the required diversion fees prior to your scheduling date.
In all other cases, a diversion agreement will be sent within two (2) weeks from the date the application is submitted. If you have not received your diversion agreement within two (2) weeks, you should notify the County Attorney's Office to make sure that it has been sent to the proper address. You are then responsible to return the diversion agreement along with the diversion fees prior to your scheduling hearing.
THE COUNTY ATTORNEY'S OFFICE IS NOT ABLE TO ACCEPT PERSONAL CHECKS AND ALL DIVERSION FEES SHOULD BE PAID BY CASHIER'S CHECK, MONEY ORDER, OR CASH.
Standard diversion fees are as follows: DUI - $250.00 plus $250.00 fine; Misdemeanor Possession of Marijuana - $500.00; Possession of Drug Paraphernalia - $250.00; Driving While Suspended - $250.00; Transporting an Open Container - $200.00; No Insurance - $200.00; No Driver's License - $200.00; Improper Registration - $100.00; Speeding 11 or more miles over the speed limit - $100.00; Speeding 10 miles or less over the speed limit - $50.00; Overweight - 1/2 of the fine; other Class A or B Misdemeanors - $200.00; other Class C and unclassified Misdemeanors - $150.00; other traffic infractions - $50.00.
The County Attorney's Office does retain the right to modify any of the above diversion fees based on the particular facts of each person's case.