A Pre-trial diversion is a program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.
Kansas Agreement for Pretrial Diversion
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One critical area for the use of diversion is nonviolent drug offenses. Because of the large number of drug offenders who are taken into the criminal justice system, jurisdictions around the world have implemented drug courts as a form of diversion.
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.
What criminal offenses are eligible? Generally, diversion programs are for non-violent misdemeanors. If the criminal charge is for a violent or a serious crime, like a felony offense, courts tend to think that it is too much of a risk to release you to a diversion program.
You will pay a diversion fee, generally in the range of $800.00 to $1,250.00. You will be required to meet with a diversion monitor at least monthly to assess your compliance. You must also attend an alcohol education class, attend a DUI Victim Impact Panel, and do anything else required by the diversion coordinator.
Cons of Diversion Programs: The offender is forced to admit their crime to the prosecutor and sign a written confession. Only the prosecutor can decide if the diversion contract was fulfilled. The diversion program often ends around twelve months, which might not be enough time for the offender to reform.
The major objectives of pretrial diversion are: To prevent future criminal activity and promote rehabilitation among certain offenders by diverting them from traditional processing into community supervision and services, including, as appropriate, mental health and substance abuse treatment.
If you complete the program, the prosecutor will dismiss the case against you after one year. While no conviction appears on your criminal record, your Kansas driving record will continue to show that you were charged with DUI and completed a diversion program.
The offense must be a misdemeanor Texas places numerous restrictions on which kinds of offenses allow someone to qualify for pretrial diversion. Typically, felonies immediately disqualify you. Certain kinds of offenses, like domestic violence charges, are also not eligible for pretrial diversion.
