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Diversion Program

Thank you for your interest in the Jefferson County Diversion Program. 


At the bottom of this page, you will find links to the current Diversion Program guidelines and application forms in PDF format.  The guidelines packet describes what the Diversion Program is; its effect on a criminal case; which persons are is eligible; and, how to apply.

Currently the Jefferson County Attorney’s Office considers diversions for the following types of criminal cases:

(1)        Traffic
(2)        Adult Criminal (certain felonies and misdemeanors)
(3)        Juvenile Offender (for Defendant’s under the age of 18)
(4)        Boating Under the Influence
(5)        Driving Under the Influence - First Offense
(6)        D.U.I Chemical Test Refusal - First Offense

The Diversion Program is intended to give a “second chance” to Defendants accused of committing relatively minor criminal offenses.  There is no case where a diversion is guaranteed and any application can be denied for any reason. 

A diversion is an agreement, authorized under Kansas law, between the Jefferson County Attorney and the Defendant, where by the State of Kansas agrees to stay or defer prosecution of a criminal case for a certain amount of time called the diversion period or term.  During this time period, a Defendant is required to obey and perform under certain conditions agreed to in a Diversion contract.

The length of the diversion period and any conditions a Defendant will be required to comply with during that period is at the complete discretion of the Jefferson County Attorney and will vary depending on the facts of each case.

During this diversion period, the charge(s) are still on file with the Jefferson County District Court, but the criminal action itself is stayed or deferred.

If the diversion period is successfully completed by the Defendant, the State of Kansas will agree to dismiss the charge(s).  The case will be dismissed if, and only if, the Defendant has successfully complies with all terms and conditions required by the diversion agreement.  If the Defendant successfully completes all terms and conditions required, the case is dismissed with prejudice once the diversion period ends.

Successful completion of diversion means there is no conviction and the charge(s) in the case cannot be re-filed at any future date.

However, if a Defendant fails to abide by any and all of the terms and conditions of the diversion agreement, or violates any term or condition during the diversion period in any way, the Jefferson County Attorney reserves the right to make a motion to terminate the diversion.

If a diversion agreement is revoked, prosecution on the charge(s) will resume on a trial to the Court on stipulated facts.

If you have any direct or procedural questions concerning the Diversion Program, please contact the Jefferson County Attorney’s Office at (785) 863-2251.

Please remember, however, neither the Jefferson County Attorney nor any member of his staff can give you any legal advice as to what you should do in your case or what is in your best interests. As in all criminal cases, you always retain a right to consult with an attorney and, if you have questions of a legal nature about your case and/or the diversion process, you should consult a private attorney before proceeding.

Sincerely,

Bethany J. Graves
Diversion Coordinator
Jefferson County Attorney’s Office
P.O. Box 351
Oskaloosa, Kansas  66066
Ph:  (785) 863-2251
Fax:  (785) 863-3041

 



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