I do not fully understand my pretrial diversion agreement, not allowed an attorney

[s10sleeper]

What is the name of your state (only U.S. law)? Kansas

Recently I had a couple of checks that were returned due to a miscalculation in my balance. I was out of funds due to my SSDI not even being enough to meet the bills, and the place the checks were returned to refused to take a partial payment, stating they had to be paid in full. These returned check were completely unintentional, however, I was served papers for a criminal case stating I issued them with the intent to defraud.

Being the first time I have had returned checks, I was offered a diversion, but I do not fully understand part of the terms, which states I waive my rights to a speedy trial and that if it goes to court that I am not permitted to present any evidence on my behalf and that judgment will be based on the checks alone. The prosecutor also said that if I consult with an attorney that I cannot take the diversion. I am concerned because I do not like signing anything unless I fully understand it and waiving rights is something I worry about, especially because I am required to pay the costs within a month and a half, the prosecutor refuses to take payments, and if I do not follow through was told by the judge it would then go on to trial.

Is this normal practice for diversions? If so, I just wonder how they can get away with that. I am aware that in a civil matter when seeking judgment for garnishment, as I am only on SSDI, I am exempt from garnishment, but am unfamiliar with criminal law.

 

[OHRoadwarrior]

If you do not understand the terms of the diversion, you have a problem. No one can blindly advise you whether it is a good deal or not. The question it seems to get down to is whether you will have a criminal record and whether you believe you are guilty of the charges. What were you charged with? If you enter a not guilty plea, you can request a public defender, if you qualify. If you are convicted, you could face a more serious situation. What type of place did you issue the checks to? Why did you write two bad checks instead of just one? How much were they written for?

 

[s10sleeper]

The checks were written to a convenience store, one for 7 dollars and one for 20. I was moving at the time and needed fuel and lunch, but only wrote the checks because I thought I still had $100 in my account. I don't have a criminal record, and this will not go on my record according to what they say, however it will destroy my credit, which I am well aware of. I do not wish to have a fight on my hands, but also do not want to sign something if I do not fully understand it. My biggest issue is why they do not wish to work with me due to my income, in the short time I have lived in this town I have gotten along with everyone and even get along with the convenience store owner. At least they aren't fining me, I just have to take an FDIC course and cannot move out of the state for 6 months without notifying them in writing.

It just makes me feel like I committed a crime when I didn't Even when looking in the statutes, it is not illegal to write a bad check unintentionally I just plan to follow through as long as they don't withdraw the diversion

 

[swalsh411]

You can of course consult with an attorney on your dime. If you want a public defender, then you have to refuse the diversion which means you plead not guilty and there will be a trial at which point you can present evidence in your defense like any other defendant. By accepting the diversion, you win because you won't have a conviction on your record, and the system wins because they don't have to spend resources for a trial. However, you do not get to present evidence in your defense or get to see the public defender. There really is no room for you to negotiate here. You either take the deal, or you don't and take your chances at trial.

 

[Just Blue]

PX hx may be helpful to responders.

 

[s10sleeper]

I'm sorry, I am not certain what you mean by PX hx, the diversion agreement also contradicts a number of things stated in court, such as that paying the processing fees, as I was told had to be done by the end of the month and that the other fees had to be paid by the 1st of June. The diversion says the agreement is to be signed and takes effect when I pay those fees and cannot move for 6 months thereafter. I am at a loss and the prosecutor will not discuss it with me nor let me use his law library

 

[Silverplum]

I'm sorry, I am not certain what you mean by PX hx, the diversion agreement also contradicts a number of things stated in court, such as that paying the processing fees, as I was told had to be done by the end of the month and that the other fees had to be paid by the 1st of June. The diversion says the agreement is to be signed and takes effect when I pay those fees and cannot move for 6 months thereafter. I am at a loss and the prosecutor will not discuss it with me nor let me use his law library

At the bottom of this page for McPherson County http://www.mcphersoncountyks.us/index.aspx?nid=7, it tells you "For more information about the Diversion Program please feel free to contact the Diversion Coordinator at 620-241-1027."

Try that. You can't get closer to the horse's mouth than the Diversion Coordinator.