The County Attorney Darrin C. Devinney of the 13th Judicial District of Kansas has established a Diversion Program for some offenses.
Diversion is a privilege and not a right; the county attorney may deny the application for diversion if the defendant was belligerent, obnoxious, or uncooperative with the law enforcement officers involved, or if the drug and alcohol evaluator recommends against diversion or if diversion is not in the best interest of the community.
If accepted, the defendant will enter into an agreement for pretrial diversion. The proceedings shall be continued for 3 to 12 months. Upon successful completion of diversion, the charges will be dismissed. Failure to successfully complete diversion will result in the case being set for trial.