Picking up from last weeks DUI Friday, we are talking about the court procedure after you've been charged and what to expect from the Manhattan, KS courts.
If it's just your first DUI you usually qualify for diversion. Before you can get on diversion, you should always have a DUI lawyer look over your case to see if diversion in Manhattan Municipal Court is right for you. After your initial appearance, a diversion conference is usually set up a few weeks down the line. During this time you should fill out the application for diversion and, if you and your attorney feel it's the right choice, turn in your application at least 7 days prior to your diversion conference.
If it's your second DUI, it's very unlikely you will be allowed diversion and you will have to make the choice between your three options at your initial appearance/arraignment in Manhattan Municipal Court. Those three options are: 1. Plead Guilty, 2. Plead Not Guilty, 3. Plead No Contest. If you plead no contest, you will still be found guilty, however it's not the same as pleading guilty.
On your third DUI and each one after, it is a felony and you will not be in Manhattan Municipal Court, you will go to Riley County District Court. Because it's a felony, you will have the right to a preliminary hearing, which is an extra step not included in misdemeanor charges.
Whether your first DUI, second, or 5th, it's important to contact a DUI attorney in the Manhattan, KS area that knows what to look for to give you advice as to your best options.
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