Trial & Diversion Procedures
Should a defendant request his/her case to be heard by trial, the following procedures may be helpful in understanding the court procedures of a trial:
- Step One: All those who expect to testify for the prosecution are sworn in.
- Step Two: The prosecution has the burden to show that you are guilty as charged. To do this the prosecutor will bring forward witnesses who will testify to what they observed. The witnesses may be police officers, civilians, or both.
- Step Three: After each of the City’s witnesses has answered the prosecutor’s questions, you will be given the opportunity to question the witness. You may present your side of the case later.
- Step Four: When the City finishes:
- You may remain silent. Your silence will not be an admission of guilt. You are not required to prove your innocence.
- You may put on witnesses to testify on your behalf.
- You may testify under oath and be questioned as any other witness.
- You may make an argument if you wish.
- Step Five: The judge will make a decision of Guilty or Not Guilty based on the facts presented and the law of the case.
Should a defendant receive an alcohol or drug related offense, he/she may be eligible to apply for diversion. A diversion is a deferred type sentence; wherein if a defendant completes the conditions of his diversion sentence, then the case is considered dismissed. Please note that on all DUI offenses, you are only eligible for diversion on a first (lifetime) offense.
Once a defendant applies for diversion, he is required to obtain a drug and alcohol evaluation. The results of this evaluation will determine whether a defendant is eligible for the diversion program. Juan Dominguez of South Central Kansas Court Services in Wichita, Kansas conducts the drug and alcohol evaluations for the Clearwater Municipal Court.