In determining whether to grant diversion, the City prosecutor 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 his/her action. A diversion is a privilege not a right and there is no guarantee diversion will be granted in any given case. The municipal court clerk is authorized to give information as to potential eligibility to all inquiring defendants.
Diversion Documents and Forms
- Full Diversion Policy - View the full diversion policy
- Diversion Application Form - Fill out our Diversion Application form online
- Standard Traffic Ordinance
- Uniform Public Offense
Offenses Not Eligible for a Diversion
- School zone infraction and offense
- Charges of fleeing or eluding a law enforcement officer when a chase is involved.
- Certain traffic and vehicle violations by an individual while driving with a CDL
- Any offense involving an injury wreck cause by the defendant
- Violent offense against persons
- Sex offenses
- Offenses involving children as victims
- You cannot have received a diversion in the prior one year.
- All fines (varies depending on charges), court costs ($100), diversion fee ($150 for non-alcohol related charges $300 for alcohol related charges) and restitution costs must be paid for in full when diversion is submitted, except for DUI.
- If your charge requires fingerprints this must be completed before diversion will be granted.
- For a DUI diversion, you must complete an alcohol/drug evaluation before diversion will be granted. Second offense DUI charge is not diversion eligible.
- A No Valid Drivers License citation and No Insurance citation must provide valid license and insurance.
Terms of Diversion
- A waiver of all rights to a speedy trial, all rights to jury trial and a stipulation as to the facts of the case as contained in the police reports.
- A specified term of diversion.
- An agreement that the defendant shall not violate any laws of the United States or any State, or ordinances of any City, or resolutions of any County.
- Participation in an alcohol/drug evaluation from a court-approved agency and compliance with all treatment recommended by the evaluator (for DUI diversions).
- Attendance of a DUI Victim Impact Panel (for DUI diversions).
- Any other conditions as determined by the City Prosecutor.
Length of Diversion
All diversions are six months in length, except for the following which are one year: DUI, Driving While Suspended, Possession of Marijuana, Possession of Paraphernalia or when the prosecutor indicates otherwise. The diversion will go into effect the date the diversion is returned/paid for.
How to Obtain a Diversion
The diversion process can be started in one of three ways:
- Contact Hays Municipal Courts by calling 785-625-1070
- Visit the Hays Municipal Courts office at:
105 W 12th St
Hays, KS 67601
- Fill out our Diversion Application form online.
Diversion Application Form