Get Kansas City Diversion 2023-2024

A diversion is an agreement, authorized under Kansas law, between the Jefferson County Attorney and the Defendant, where by the State of Kansas agrees to stay or defer prosecution of a criminal case for a certain amount of time called the diversion period or term.

The diversion program is not an option in a second-time DUI case in Kansas. Probation will include meetings with a probation officer and alcohol treatment and/or education. The probationer will be required to abstain from alcohol and illegal drugs (and take urine tests) and not violate the law.

Length of Diversion All diversions are six months in length, except for the following which are one year: DUI, Driving While Suspended, Possession of Marijuana, Possession of Paraphernalia or when the prosecutor indicates otherwise. The diversion will go into effect the date the diversion is returned/paid for.

The defendant or defendant's attorney shall apply for diversion by requesting such in writing. The OAG may require a conference with the defendant in order to make a determination as to eligibility. A defendant has the right to employ an attorney and have him/her present throughout the diversion application process.

The Traffic Diversion program is intended to give a “second chance” to offenders who commit relatively minor violations of the traffic laws of the State of Kansas.

Convictions for minor offenses (i.e., speeding) remain on the driving record for 3-years. Convictions for major offenses (i.e., driving while suspended) remain on the driving record for 5-years. Convictions for DUI, and DUI diversions, remain on the driving record for the lifetime of the driver.

Can You Get a Diversion Twice in Kansas City? This option is usually offered to first-time offenders only. Someone who has had a previous diversion or prior conviction on their criminal record will likely be denied a suspended imposition of sentence.

After an appropriate hearing, the Court, upon finding the defendant has failed to fulfill the terms of the Diversion Agreement, shall order diversion terminated. There will be no other proceedings except a trial to the court on stipulated facts, as set forth in the Diversion Agreement.