217 E Myrtle St

Independence, KS 67301


Independence, KS 67301

The Montgomery County Attorney’s Office will not disperse legal advice to any potential diversion applicant. 

If a potential diversion applicant needs legal advice regarding his or her case, the applicant should contact an attorney. Additionally, if an adult Defendant wants to participate in the Diversion program without an attorney and must serve any jail time, the Defendant must sign a waiver of counsel form.

Any applicant who is under the age of eighteen (18) is required to have an attorney throughout the diversion application process.

Diversions - Approvals

In determining whether or not to grant diversion, the County Attorney considers whether the applicant  demonstrates a genuine sense of remorse and  is prepared to acknowledge the act(s) charged and accountability for the consequences of his or her actions. Other factors that will be considered include, but aren’t limited to:

  • The nature of the crime and the circumstances surrounding it
  • The probability that the applicant will cooperate and benefit from the program.
  • The impact on the community of placing the applicant on Diversion.
  • The recommendations of the involved law enforcement officers
  • The recommendations of any victims involved
  • The amount of restitution owed
  • Any mitigating and aggravating circumstances surrounding the crime

If you are approved for a Diversion, the Program lasts from a minimum of six (6) months or longer depending on the nature of charges and any aggravating/mitigation circumstances.  The diversion period begins after the filing of the Diversion Agreement and Agreed Order of Stay with the Court.

During the diversion period, you must not receive any major moving violations or be charged with any criminal offenses. Receipt of a major moving violation or new criminal charges while an applicant is on Diversion will result in termination of the Diversion Agreement.

The Diversion program will be administered in accordance with K.S.A. § 22-2907; K.S.A. § 22-2908; K.S.A. § 22-2909; K.S.A. § 22-2910; and, K.S.A. § 22-2911.

Contact Us

Melissa Johnson


County Attorney

300 E Main St
Independence, KS 67301

Phone: (620) 330-1020

Hours: Monday – Friday 8am – 5pm

Located on the first floor of the Judicial Building.