Haskell County Diversion Program
Kansas Law provides for many Defendants the possibility of deferred adjudication, or "Diversion." A diversion is an agreement between a prosecutor and a defendant in which the defendant stipulates to the crime for which he/she 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. (There are statutory exceptions for certain offenses. Please consult your attorney.) 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/she may avoid jail time and keep criminal charges off of his/her record; however, if a person is not able to abide by the terms of the diversion, the stipulation of facts will be used against the defendant at trial.
Common terms of diversion are payment of diversion fees and/or donations; 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 your court appearance. (For most traffic offenses, you may also activate the diversion process in advance of your court date by contacting the Diversion Coordinator.) The judge will set a scheduling hearing several weeks after your First Appearance. If you have filed a diversion agreement prior to the scheduling date, you will not need to appear.
Standard diversion fees for 2014 are as follows, subject to change at any time:
DUI (first offense only) - $250.00 fees, $750.00 minimum fine
Misdemeanor Possession of Controlled Substance - $300.00 fees, $150.00 minimum fine
Misdemeanor Possession of Drug Paraphernalia - $300.00 fees, $150.00 minimum fine
Driving While Suspended - $150.00 fees, $150.00 minimum fine
Transporting an Open Container - $125.00 fees, $100.00 minimum fine
Minor in Possession of Alcohol - $150.00 fees, $200.00 statutory minimum fine
No Insurance - $150.00 fees, $300.00 statutory minimum fine
No Driver's License - $150.00 fees, $100.00 minimum fine
Speeding up to 11 miles over the speed limit - $150.00 fees, standard fine
Speeding 12-15 miles over the speed limit - $200.00 fees, standard fine
Speeding 16-20 miles over the speed limit - $250.00 fees, standard fine
Speeding 21+ over the speed limit - no diversions will be offered
Texting/Unlawful Use of a Handheld Communication Device While Driving - $175.00 fees, standard fine
Other Unclassified misdemeanors - $150.00 fees nonperson, $250.00 fees person
Other Class C misdemeanors - $175.00 fees nonperson, $300.00 fees person
Other Class B misdemeanors - $200.00 fees nonperson, $350.00 fees person
Other Class A misdemeanors - $250.00 fees nonperson, $450.00 fees person
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. Not all applicants will qualify for diversion. $100.00 of every diversion fee will be paid to the Haskell County Diversion Fund, while the remainder will be paid to a local charity.
There is currently no fee associated with applying for Diversion in Haskell County.
If you have questions regarding Diversion applications, process, or status, please contact the Diversion Coordinator, Melinda McElheny at 620-675-8441. All applications, approved or not, are treated with the utmost urgency; however, we ask your patience during periods of high case volume.