Dui Diversion Program Violation

Summary

The user is currently on a DUI diversion program in Kansas and has recently been charged with battery. The terms of their diversion program include no smoking, no drinking, no bars or clubs, and no trouble with law enforcement. The battery charge arose from an incident where the user was trying to break up a fight and ended up fighting with one of the participants. The users boyfriend was a witness to the incident and has provided a statement to the police. The user is unsure about the status of their DUI diversion program and has not yet sought legal representation for the battery charge. The user is considering applying for a diversion program for the battery charge, but is unsure if this is possible while still on diversion for the DUI.

Full Conversation

I’m on diversion for a dui and I recently got a battery charge. Can I be on diversion for the battery charge while I’m still on diversion for the dui?
What are the terms of your current diversion agreement for the DUI?
No smoking, no drinking, no bars or clubs and not getting in trouble with law enforcement.
What is the nature of the battery charge? In Missouri, diversion programs typically require no new arrests or charges. Violations may result in termination of the program.
battery/physical harm
Can you provide more details about the battery incident? Was it a first-time offense or do you have a prior history of such charges?
its a first time offense. I tried to break up a fight between two people and one of the people came after me so we ended up fighting
Did you sustain any injuries during the fight? In Missouri, self-defense can be a valid defense in battery cases if you reasonably believed you were in imminent danger.
I only had a slight welt on the side of face kind of above my eyebrow from being hit when I was trying to break up the fight
Did you report the incident to the police and if so, what was their response?
a witness called the fight in and they took everyone’s story’s and charged me with battery against the person but didn’t charge them with battery against me
What evidence do you have to support your claim of self-defense? In Missouri, self-defense can be a valid defense if you reasonably believed you were in imminent danger.
my boyfriend was there and even told the cops it was just self defense but they said they thought I was lying and went with the other couples story saying I attack the person first
Did your boyfriend provide a written statement to the police about the incident? In Missouri, witness statements can be crucial in establishing a self-defense claim.
they didn’t let anyone take written statements, just took our statements down on paper
What was the reason given by the police for not allowing written statements? In Missouri, police typically record statements in writing or audio for accuracy.
they didn’t give a reason. A few days after the incident they called me and my boyfriend asking for our statements over the phone again saying they lost all the statements from everyone
Did you or your boyfriend record the phone conversation where you provided your statements again? In Missouri, it's legal to record phone calls if one party consents.
no we did not
Did you or your boyfriend consult with a lawyer before giving the second statement over the phone?
no we did not
Did you or your boyfriend inform the police about the lost statements when you were asked to provide them again over the phone?
yes my boyfriend said we already gave them but they just kept saying they lost them and needed our statements again
What steps have you taken since then? Have you considered getting legal representation?
ive considered it because my court date isn’t until October 5th. My boyfriend and the other victim already had court the day after everything happened
What is the status of your boyfriend's and the other victim's court proceedings?

In Missouri, diversion programs typically require no new arrests or charges. Violations may result in termination of the program.
they are using their diversion
What are the terms of their diversion agreement?
I believe it’s no drinking, no smoking, no bars or clubs. They still have to go back to court on October 3rd for their diversion court
What is the nature of their charges? In Missouri, diversion programs typically require no new arrests or charges. Violations may result in termination of the program.
they both also got battery charges
What were the circumstances leading to their battery charges?
They both had visible markings from the fight
Who initiated the fight that led to the battery charges?
the other victim touched me first
Who else witnessed the incident and can they corroborate your version of events?
i don’t think anyone else witnessed it
Did you or your boyfriend take any photos of your injuries after the incident?
I have some photos of my boyfriends injury’s on my phone and the police took pictures of his and the other victims injuries but didn’t take any of me
Did you seek any medical attention for your injuries? In Missouri, medical records can serve as evidence in battery cases.
no
What is the exact location of the court where your case will be heard?
i think * n main st Wichita ks
What is the name of your assigned prosecutor or public defender?
idk what that is
Who is representing you in court?
no one is at the moment
What steps have you taken to find legal representation for your upcoming court date? In Missouri, it's crucial to have a lawyer when facing criminal charges.
I haven’t taken any steps yet
What is the reason for not seeking legal representation yet? In Missouri, having a lawyer can significantly impact the outcome of your case.
idk if it will help me win the case and not be charged due to them not having evidence of my injury’s and the fact the other couple said i hit the other victim first even though i was defending myself
Do you have any other evidence, like surveillance footage or additional witnesses, that could support your claim of self-defense?

In Missouri, evidence like this can be crucial in proving self-defense.
i don’t think i do
What is the name of the court where your case will be heard? This information will help me provide you with the contact details of the court.
city of wichita municipal court
The City of Wichita Municipal Court is located at * N Main St, Wichita, KS *. You can contact them at (*) *-*. It's important to have legal representation in court.
okay
What is the date of the incident? This is important as Missouri has a statute of limitations for filing battery charges.
september 17th
What is the date you were charged with battery? In Missouri, the statute of limitations for filing a misdemeanor battery charge is one year.
september 17th
What is the date of your next court hearing? In Missouri, it's crucial to have legal representation when facing criminal charges. The City of Wichita Municipal Court is located at * N Main St, Wichita, KS *. You can contact them at (*) *-*.
october 5th
What steps have you taken to prepare for your court hearing on October 5th? In Missouri, it's crucial to have legal representation when facing criminal charges. The City of Wichita Municipal Court is located at * N Main St, Wichita, KS *. You can contact them at (*) *-*.
i haven’t taken any, I was hoping they would let me try to apply for diversion since it’s my first battery offense
What is the nature of the battery charge? In Missouri, first-time offenders may be eligible for diversion programs, but it depends on the severity of the charge.
battery/physical harm
What is the severity of the harm caused to the other person in the battery incident?
they just had a welt on them from where I hit them, their other marks were from someone else involved in the fight
Did you inform the police that the other marks on the person were not caused by you? In Missouri, the severity of a battery charge can depend on the extent of the victim's injuries.
yes and they knew that but the statements other people provided
Did the police take into account the statements from other people when charging you with battery?
idk
Did you receive any written documentation or citation from the police regarding your battery charge?
i have a paper stating I was charged with battery and the reason why
What does the paper state as the reason for your battery charge? In Missouri, the reason for the charge can influence the potential penalties and defenses available.
for striking the victim and leaving physical marks
What is the exact wording of the battery charge on your citation? This can help determine the severity of the charge under Missouri law.
idk i would have to look at the paper
Could you please check the paper and provide the exact wording of the battery charge? This will help us understand the severity of the charge under Missouri law.
Battery-bodily harm- knowingly or recklessly cause bodily harm to victim by striking victim multiple times resulting in visible injuries to victims forehead and neck
What is the severity of the injuries caused to the victim? In Missouri, the severity of the battery charge can depend on the extent of the victim's injuries.
they weren’t that severe, they didn’t seek any medical attention
Did the victim press charges against you or was it the state's decision to charge you with battery?
it was the states
What is the exact wording of the battery charge on your citation? This will help us understand the severity of the charge under Missouri law.
Battery-bodily harm- knowingly or recklessly cause bodily harm to victim by striking victim multiple times resulting in visible injuries to victims forehead and neck
What is the maximum penalty for a battery charge in Missouri?
I’m in Kansas
In Kansas, a battery charge can result in up to 6 months in jail and/or a fine up to $*,*. It's classified as a Class B nonperson misdemeanor.
yes
What is the status of your diversion program for the DUI?
idk I haven’t heard from anyone about the status of it
Have you contacted your diversion program officer to inquire about the status of your DUI diversion program?
no I haven’t
What is the reason for not contacting your diversion program officer about the status of your DUI diversion program?
I didn’t know I could
You should reach out to your diversion program officer to discuss your current situation. They can provide guidance on how the new charge might affect your DUI diversion program.
okay
Do you think I might be able to do diversion for this charge and also keep my dui diversion
What is the exact nature of your DUI diversion program? In Missouri, diversion programs typically require no new arrests or charges. Violations may result in termination of the program.