Haskell County Attorney & County Counselor

Each of us may know someone who has a substance abuse (drugs, alcohol) problem, or may be suffering from a mental illness. While it may be in the best interests of this individual to be committed for purposes of treatment, the State of Kansas has set forth a specific criteria which must be met before an individual can be committed involuntarily.

The criteria for an involuntary commitment is that the individual is declared to be "an endangerment to themselves or others." Only a health professional can make such a determination.

If you know of anyone who is suffering from substance abuse or mental illness and you believe that they are likely to cause harm to themselves, you, or others, please contact your local law enforcement agency immediately. In cases where the individual poses an immediate threat, law enforcement may take the individual into protective custody for purposes of obtaining a health evaluation. At that time, the health professional will make the appropriate determination.

Once an individual is deemed to be "an endangerment to themselves or others," all reports will be submitted to the County Attorney and a petition will be filed. At that point, it is the Judge's decision whether or not to commit the individual.

Prior to accepting a bad check for collection, the payee must send a letter to the person who signed the check, via certified, return-receipt mail. This letter must state the check number, the amount of the check, and why the check was returned. Also, this letter must advise the check writer that he/she has 7 days to make the check good (thus, this is referred to as the "7-day letter"). Once the payee has received the return-receipt card and 7 days have passed, or the letter is returned for whatever reason, he/she can then turn the check over to the County Attorney for collection.

A letter is again sent to the individual who signed the check. The individual is given approximately 14 days to respond to the letter. If the letter is returned, or if it has been delivered and no response has been received, the County Attorney will file a criminal complaint, and he/she has the discretion of asking for either a summons or warrant be issued for the defendant to appear before the court. Once a criminal action is filed, the defendant will then be assessed court costs of $111.00, a $10.00 service charge on each check.

If the payee desires to have the bad check collected, he/she should bring a copy of the "7-day" letter, the returned letter or the return-receipt card, and the original check to the County Attorney's office. A brief affidavit will need to be filled out. There is no charge for this service.

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.

Kansas Victims Bill of Rights:

In order to ensure the fair and compassionate treatment of victims of crime and to increase the effectiveness of the criminal justice system by affording victims of crime certain basic rights and considerations, victims of crime shall have the following rights:

Victims should be treated with courtesy, compassion, and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.
Victims should receive, through formal and informal procedures, prompt and fair redress for the harm they have suffered.
Information regarding the availability of criminal restitution, recovery of damages in a civil cause of action, the crime victims' compensation fund and other remedies, and the mechanism to obtain such remedies should be made available to victims.
Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress, and ultimate disposition of the proceedings.
The views and concerns of victims should be ascertained, and the appropriate assistance provided throughout the criminal process.
When the personal interests of victims are affected, the views or concerns of the victims should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.
Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation
Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims, and guidelines should be developed for this purpose.
Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological, and social assistance through existing programs and service.
Victims should report the crime and cooperate with law enforcement authorities.

Victims of crime, as defined by law, shall be entitled to certain basic rights, including the right to be informed of and to be present at public hearings, as defined by law, of the criminal justice process, and to be heard at sentencing or at any other time deemed appropriate by the court, to the extent that these rights do not interfere with the constitutional or statutory rights of the accused.

Nothing is this section shall be construed as creating a cause of action for money damages against the state, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The Legislature may provide for other remedies to ensure adequate enforcement of this section.

Nothing in this section shall be construed to authorize a court to set aside or to void a finding of guilty or not guilty or an acceptance of a plea of guilty or to set aside any sentence imposed or any other final disposition in any criminal case.

Crime is committed/reported

Investigation by Law Enforcement
(Reports are submitted by law enforcement, and
the County Attorney issues a summons or warrant.)

Suspect Located and/or Arrested

When the most severe charge is a
FELONY

First Appearance
The defendant is informed of the charges, an attorney is appointed, and a date is set for a preliminary hearing. No evidence is presented.

Preliminary Hearing
The State presents evidence to establish "probable cause" that the defendant committed a felony. If the court finds sufficient evidence,
the defendant is bound over for trial; if the court does not find sufficient evidence, the defendant goes to trial for any misdemeanor charges. Subpoenas are issued for this hearing.

Arraignment
This is basically another first appearance, but counsel has already been appointed. The defendant will either enter a plea of guilty and the case proceeds to sentencing, or he/she
will enter a plea of not guilty and a trial date
is set. No evidence is presented.

Trial
The trial can be heard by either the Judge or a jury. In a felony case 12 jurors are called; in a misdemeanor case 6 jurors are called. All victims and witnesses may be subpoenaed to testify.

Sentencing
Victims are notified of the sentencing date and encouraged to fill out a Victim Impact Statement prior to sentencing. The Judge will take the victim's comments into consideration at sentencing. Each victim has the right to address the court in person at sentencing.

When the most severe charge is MISDEMEANOR

First Appearance/Arraignment
The defendant is informed of the charges, and
a date is set for trial. The defendant may
choose to enter a plea of guilty at this time,
and the case would proceed to sentencing.
No evidence is presented.

Trial
The trial can be heard by either the Judge or
a jury. In a misdemeanor case 6 jurors are
called. All victims and witnesses will be subpoenaed to testify.

Sentencing
Victims are notified of the sentencing date
and encouraged to fill out a Victim Impact Statement prior to sentencing. The Judge
will take the victim's comments into consideration at sentencing. Each victim has the right to address the court in person at sentencing.

Witnesses naturally feel apprehensive about their first appearance in court because they do not know what to expect. The following suggestions should help you prepare for your court appearance:

You will be asked to take an oath to tell the truth. Remember the seriousness of this oath during the entire time you are testifying. If you willfully fail to tell the truth while testifying, you will be subject to penalties for perjury.
Simply tell the truth.
Listen carefully to the questions and answer slowly and clearly.
Answer only the questions asked. Do not offer additional information or opinions unless asked.
Do not exaggerate.
Do not lose your temper. Be courteous.
If you can't answer a question with a yes or no, you should say so.
If your answer was not correctly stated, correct it immediately.
If an attorney objects to a question, wait until the judge indicates whether you should give an answer.
Remember to dress appropriately.

It is natural to be nervous. Take a few deep breaths to calm yourself and try to avoid nervous mannerisms.

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