I complete and submit the form for diversion last week. My next court date to see if They accept it is on September 12th. Yesterday I went to a bar and not drink any alcohol. Can this interfere with my application. When I have to begin to fulfill the requirements of the diversion program?
No it should not likely affect the diversion application as you are not on diversion yet. However I suggest you discuss the exact terms of the diversion with your attorney as you do not seem to understand them fully.
Legal disclaimer: Patrick M. Lewis, (913) 558-3961, firstname.lastname@example.org. www.TheKansasDefender.com This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.
Usually your behavior prior to being accepted for a diversion program will not disqualify you, but even if it could, it's unlikely that the court would know that you went to the bar unless you disclose it.
Generally, you are beholden to the terms of your diversion agreement when you sign and agree to the terms that the diversion contract contains. However, I'd be cautious about my behavior anyway since you imply that the PA hasn't accepted or offered a diversion contract yet. They have absolute discretion whether or not to offer anyone diversion. If they find out you've been doing something they don't like while your application is pending that might cause them to deny you diversion.
If you have an attorney, speak to them about these issues. If you don't, and your still not sure about your obligations, you should speak to and hire one to help you out. Navigating the criminal court system alone can be difficult. Educating you about the ins and outs is part of an attorney's job description.
Chris Kalberg, Kalberg Law Office, L.L.C. (913) 825-6670, email@example.com No attorney client relationship is created via any Q&A session on this or any other website no comment or answer proffered may be construed as legal advice.