Montgomery County, KS

The County Attorney will consider a number of factors in determining if Diversion is appropriate.  Diversion is NOT appropriate in the following circumstances:

• The applicant has previously been convicted of any misdemeanor offense, other than minor traffic violations, within five (5) years preceding date of the current charge(s).
• The applicant has previously been convicted of any felony offense within 10 years preceding the date of the current charge(s).
• The applicant has previously entered into a Diversion agreement or agreement for deferred prosecution in lieu of further criminal proceedings in this or any other jurisdiction within one (1) year preceding the current offense.
• The applicant is charged with any felony classified as Levels 1 through 8 on the nondrug grid and/or with any felony classified as Levels 1 through 4 on the drug grid by the Kansas Sentencing Guidelines Act.
• The applicant is charged with crime of a sexual nature that would or could otherwise require registration under the Kansas Offender Registration Act if convicted.
• Involving any injuries to any other person.
• Crimes of Domestic Violence will not be considered for diversion unless the applicant submits a Domestic Violence Assessment at the time of the application and, additionally, approval of a diversion will be the exception and not the norm.
• In addition, Defendants with charges pending in other municipal, state, or federal jurisdictions will not be considered for Diversion.