Kansas City Criminal Defense Lawyers
What is a Diversion Program?

What is a Diversion Program?

Just because a person has been charged with a first-time offense, doesn’t mean that he/she is guilty. However, there are some cases where it is practically impossible to obtain a not guilty verdict.

Fortunately, Kansas courts understand that many first-time offenders are not likely to become seasoned criminals. That is why they offer diversion programs designed to give individuals who have been charged with a relatively minor crime a “second chance.”

Diversion means defendants must agree to a supervised performance program. If they complete the terms and conditions of the program, all charges will be dismissed.

If you have been arrested in Kansas City, KS, the Wyandotte County District Attorney has the authority to accept someone into a diversion program. Defendants must prove the entering the program is in the best interest of the individual, the community, and law enforcement.

The following are the types of crimes eligible for a diversion program:

  • DUI – If you have been charged with a first-time DUI, you may be eligible to enter the program. However, if there any aggravating factors in the charge (e.g. causing an accident or death, driving with a minor in the vehicle, or driving with a BAC of .20), then you are prohibited from entering the program.
  • Drug possessionIf you have been charged with a first-time misdemeanor or low-severity felony for drug possession in Kansas, you may be eligible for diversion. Those charged with distribution or possession with intent to distribute a controlled substance are prohibited from entering the program.
  • Traffic offense – A first-time traffic violation is eligible for diversion, unless the crime involved reckless driving, speeding through a school or construction zone, drag racing, failing to yield to an emergency vehicle, improperly passing a school bus, or fleeing to elude authorities. Additionally, if you commit a traffic offense while holding a commercial driver’s license (CDL), you are not eligible for traffic diversion.

Participants in a diversion program are subject to schedule court appearances, meetings with a case officer, treatment and counseling for substance abuse, as well as random drug and alcohol tests. If a defendant fails to complete division, the charges will be reinstated.

For more information about diversion in Kansas City, contact our legal team at Rokusek Stein Law, LLC and schedule a free consultation today.

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