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A diversion agreement is the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against him/ her dismissed. Through a diversion agreement, a criminal defendant is required to comply with the law for a set period of time. No defendant shall be required to enter any plea to a criminal charge as a condition for diversion.
A diversion agreement shall not constitute plea bargaining. Diversion is a means to avoid a judgment of criminal guilt. [State v. Chamberlain, 280 Kan. 241 (Kan. 2005)].