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.
The intent of the Diversion Program is to give a “second chance” to offenders who have no prior criminal history. The Montgomery County Attorney has established the following guidelines for the Diversion Program. There is no guarantee that Diversion will be granted in any given case.
Diversion is a privilege and not a right. There is no guarantee diversion will be granted in any given case. In determining whether or not to grant diversion, the County Attorney will consider whether the defendant demonstrates a genuine sense of remorse and is prepared to acknowledge the act(s) charged and accountability for the consequences of their actions.
The County Attorney makes all decisions regarding Diversion policy and has the final authority to approve or deny any Diversion application. A defendant’s application for diversion may be rejected or denied if not submitted prior to arraignment.
An Assistant County Attorney assigned to the case may request that a Diversion application be denied even when the application is eligible. In addition, the Assistant County Attorney may request an application be approved when outside the guidelines.
When applying for Diversion, it is your responsibility to inform and maintain current contact information with the County Attorney’s Office throughout the entire process. In determining whether or not to grant diversion, the County Attorney considers whether the applicant demonstrated a genuine sense of remorse and is prepared to acknowledge the acts charged and accountability for the consequences of his or her actions.
The diversion application fee is due upon submission of the application. We accept the following forms of payment: money order, cashier’s check, or a check from an attorney licensed in Kansas.
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.