GYLLENBORG & DUNN, P.A.

Attorneys at Law

When you think CRIMINAL LAW, think GYLLENBORG & DUNNTM

Diversion and Dismissal of Charges

 

 

    A DIVERSION PROGRAM can help you avoid a criminal conviction. If you have no significant recent criminal history, and you can accept responsibility for the offense charged against you, entering into a diversion program may be appropriate. Under the terms of the diversion agreement, you will have to refrain from any other criminal behavior and obtain counseling in those areas of your life where you may have a problem (for example, anger control or substance abuse).  Abstention from alcohol and illegal drugs also is required as part of a diversion program. If you successfully complete the diversion program, your case is dismissed without a conviction or adjudication. Later, the fact that your case was diverted usually can be expunged. Visit the Expungement section of this website for more information.

     In a case where it is available and appropriate, diversion gives the defendant an opportunity to keep a clean record. Most diversion programs require the defendant to admit that the information contained in the police reports is true, so that if the diversion is revoked, the court can enter a finding of guilty without a trial. If a diversion is revoked and the defendant is found guilty, the defendant may be sentenced to any penalty provided by law for the crime of conviction.

     Successfully diverting your case allows you to say truthfully that you were never convicted of the crime charged. However, a diversion can be counted as a prior conviction for purposes of sentencing a defendant on a subsequent criminal conviction.  We can answer your questions about diversion, and about other ways in which your case may be resolved without a trial. Of course, if you want a trial, we are ready and able to vigorously represent you at every stage of the proceedings.

 

111 South Kansas Avenue
Olathe, Kansas 66061

Telephone: 913-782-1400
Fax: 913-393-0210  Mobile: 913-449-4321

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