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.
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:
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.
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.