can't get a court date for teenage son!!!

[redbird2]

my son got a dui in kansas end of dec.2000. His father left us(penniless) we were evicted, and he had to drop out of school because we couldn't afford commute. He went to work to help us get on our feet (mitigating curcumstances). His actions were out of character, he is a great kid. problem is at the hearing the judge asked if anyone wanted to apply for a diversion to come up and give their name. He did and was given a new court date and was told to talk to a certain person about diversion. Weeks went by. Icalled numerous times to get appt. with no response. Finally got someone to call back and give appt. We had a snow storm day of appt. so I called and cancelled. Could only get voice mail to reschedule, I left message (twice now). His arraignment date came and clerk said he wasn't scheduled and that his diversion was approved. How can this be? I now he has to go to court. Don't they have to arraign him within a certain time? Why can't I find out anything. I'm afraid he will go to jail over this but we have tried and tried to get appt but only get run-around and voice-mail taht is never returned. What do I do I have no money for atty.

 

[bini]

Hello,

It sounds like you have a good kid that made a mistake.
I want to start by saying that I am from Kansas and that I am not an attorney, but I have painstakingly studied and I do know the Kansas D.U.I. laws, but even so what I give you is just advice.

First off your son did have a court date, you called it a hearing. I am assuming that the person your son talked to was the prosecuting attorney. What you need to do now is find out who the Diversion officer is, so your son can start his diversion program. You stated that you have been playing phone tag, you don't state who with though, is it the Diversion officer, court clerk, prosecuting attorney What you need to do is talk to the court clerk find out when they are there, their office is usually located in the city or county building of the town the incident occurred. If you can't talk to the court clerk then talk to the city clerk and they will point you in the right direction. Go up in person if you have to and find out who the diversion officer is and go to his office and talk to either him/her or their secretary and ask them what to do. If all else fails find out when the next court session is and go up their and talk to the prosecuting attorney after court.

Most times when you get diversion, alot of your business is done via - mail on their part, They get your address mostly through your drivers license (they feel that the address on your license is the most accurate) You state that you moved, they could be sending your stuff to the wrong address (sometimes court records are not forwarded)

I know that you probably don't want anyone to know what town you are from or what town the incident occured in but if you don't mind stating it I might know who the diversion officer is or I might have better luck finding out for you.

I do know that you need to get this done PRONTO.

If you are not familiar with the diversion program, please reply and I will explain it to you, I will explain what it is, why your son is lucky to get it, what to expect as far as cost, what to expect as far as what is expected of your son.

GOOD LUCK TO YOU

Bini.

 

[redbird2]

Dear Bini,

Thanks so much for your reply. I called the diversion officer(Denise) again yesterday, got voice mail again and left message again. My son was arrested by Leavenworth Co. sherrif. I have called at least 20 times to clerks office, diversion office, and Co. atty.

I am wondering, don't you have to be arraigned within a certain time period? Does this fall under Due Process? Also how can my son already be qualified, or as District Court Clerk said, already approved for diversion, when he hasn't been interveiwed or paid the fee?

I called the court clerk the day before court and when I asked for postponment due to wheather she said there was no court scheduled for him even though he was given a court date.

My son has not even been arraigned yet, therefore, he has no atty. I asked JV for arrest report, and was told I couldn't see it. Do you have a right to see evidence before court? I don't believe my son had very much to drink although that doesn't really matter except to me since the DUI law for kids is only .02.

Your advise will be greatly appreciated.
Redbird

 

[redbird2]

Dear Bini,

I just read your post to Sunny01. I have been letting my son drive on his pink slip and he received it end of Dec. over 2 months ago. I'm going to read it carefully. Since he hasn't been arraigned is there a way for him to keep driving? I am putting him back in school and he works. I am also going to be having numerous surgerys on my knee and foot and won't be able to walk let alone drive. Will they court allow a teenager to have a restricted liscense to and from; work, school, Doctor's, and grocery store?

Thanks, Redbird

 

[bini]

Hi. again Redbird.

It is very ovious that you are not aquainted with the diversion process. Don't worry alot of people are not, infact the laws have changed.

First I will explain what diversion is.

A diversion is a plea of guilt, so when your son applied for diversion he pleaded guilty and in doing so waived his right to an attorney. Therefore your son will not go to court again, unless of course this is not taken care of and since he has already unknowingly pleaded guilty he will go to court and be convicted.
Mandantory sentences for D.U.I.
1st = 48 hrs
2nd = 5 days
3rd = 90 days
these are mandantory and cannot be plea bargained or changed by the judge or an attorney.
You might be wondering why a diversion is good, well I will explain to you what a diversion is and how it differs from a conviction.
If your son is convicted, he will spend 48 hrs in jail (juvenile). Your insurance rates will skyrocket. You will have to file an sr22 (an insurance form) This will go and remain on his record (since he is young this is very bad for future). If he ever gets another D.U.I. he will be convicted of a 2nd since he already had 1. His drivers license will automatically be suspended for a year and perhaps until he is 18 years of age.
I will have to look at my papers to see about the drivers license (I am not real familiar with Juvenile) what you need to do is call the DMV (I believe they are located in either Topeka or Kansas City, call information,) Have your sons drivers license number and ask them what is on his record. If you find out his license is suspended and he gets stopped, the first time is usually just a fine (discretion of judge) the second time is jail time (I believe this is mandantory) However if I remember the law correctly I do not believe it is suspended it might be restricted though, (it mainly depends on if he took a breathalyzer or not)

I will now explain to you about a diversion. Like I stated it is a plea of guilt, it is more or less away for your son to get a second chance. When you finally get your appt, this is what will probably happen (please remember that Juvenile might differ, but I believe it is the same).

So the diversion officer can set up a program your son will probably have to be evaluated by a counselor to see if he needs treatment (usually out patient on 1st), the cost of this evaluation is around $125.00, (Of course all these cost come from the Wichita area, which is where I am from) (if treatment is needed this is also another cost) if he does not need treatment then he will be scheduled for AA or both, (how many depend on the evaluation). He will probably have to go to a class on drunk driving, (this class either will last 1 or 2 days) (8 hours each), the cost of this varies, it will usually range from $50 to $200. In this class they will talk about victims of drunk driving and perhaps even have victims there to give their story. Some diversion officers will also insist on community service (usually around 20 hours), this will consist of volunteer work, your diversion officer will give you a name to contact if this is one of the stipulations. You also will have to pay for the diversion cost (this varies greatly) you will also have to pay court cost, fines and restitution if needed, (some of this is paid in full and some can be put on a payment plan).
I know this sounds terrible but let me explain to you what happens, because your son can never get diversion again. Basically your son will pay his fines, be evaluated, go to a couple of AA's, go to drunk driving seminar, perhaps have to go to out patient (this is usually a 6 - 12 week course 1 to 3 times a week approximately 2 - 3 hours a day (usually at night)). Perhaps community service. Please do not think you made a mistake by going with diversion, because your son would probably have to do this if he had went to court and been convicted.

Now I will explain to you what I meant by your son getting a 2nd chance.

Now in Kansas you can only get diversion 1 time, it use to not be that way, but I believe the law changed around July of last year.
There is a 1 year and a 5 year period that you need to know about. To explain what I mean I will give example

1. Your son gets diversion and gets another D.U.I. in less then a year. He will go to court and since he pleaded guilty on his 1st. His diversion will be suspended and he will be convicted of his 1st D.U.I. and since he has gotten another he will also go to court on his 2nd. Basically his 1st D.U.I. will be brought back up and he will be going to court on both the 1st and 2nd D.U.I. at the same time (the judge does not look at this favorably)

2. Your son gets through his year but it has been less than 5 years, and gets another D.U.I. He will then go to court on his 2nd D.U.I. but his diversion (or 1st D.U.I) will not be brought back up.

3. Your son goes 5 years or more and gets another D.U.I. Then he will go to court on his 1st (via 2nd chance) (it use to be that after 5 years you could get another diversion, but now you can only get one)

Please remember that if your son had been convicted he would probably have to do all of this and worse.

To make a long story short, your son needs to stay clean for at least 5 years. Please remember that this will not ever go on his criminal record unless he gets another D.U.I. or if he does not follow the rules. Also remember that since he went with diversion you will not have to file an sr22 and your insurance company will not raise your rates, because this will not go on driving record (If your son did not take breathalyzer and license is suspended then your rates will probably go up, (I do not know what happens if his license is restricted))

On his license as I stated earlier call the DMV (better safe than sorry).

I know this is very hard to understand so if you have any questions please reply.

Sorry so long and I hope this helps.


Good luck to you and your son,

Bini.


P.S. In answer to your question how does he qualify. Everyone in Kansas that is going for their 1st D.U.I. as long as there is no other circumstances qualifies, and since your son applied for diversion he waived all of his rights as far as "DUE PROCESS"

P.S.S. You might try sending a certified letter to the diversion officer (that way you will have proof that you have tried to contact her). In the letter state your problem and ask her to contact you either by phone or mail, (of course state your address and phone # in letter)

[Edited by bini on 03-08-2001 at 10:44 PM]