Montgomery County, KS

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.