Court Process
Under Kansas law, a person can be brought to trial only after a complaint or traffic citation has been filed. The complaint or citation is a document that outlines what the individual is charged with and states that the action is unlawful. As a defendant, you have a right to inspect the complaint or citation before trial and have it read to you.
As a defendant, or person charged with a violation, the process you must go through involves the subject below:
As a defendant, or person charged with a violation, the process you must go through involves the subject below:
Arraignment
Arraignment is the term used for the time scheduled for a defendant to appear in court to enter a plea.
At the arraignment you will be given an opportunity to enter a plea. If you signed a traffic ticket in front an officer, it does not mean you have entered a plea; it means you have promised to appear.
You may enter a plea of:
In all Municipal Court cases, you have the right to be represented by an attorney. When charged with an offense that may result in jail time, you must decide whether to proceed with or without an attorney. If you want an attorney but cannot afford to hire one, the judge will appoint an attorney after finding that you do not have the financial means to hire one.
Arraignment is the term used for the time scheduled for a defendant to appear in court to enter a plea.
At the arraignment you will be given an opportunity to enter a plea. If you signed a traffic ticket in front an officer, it does not mean you have entered a plea; it means you have promised to appear.
You may enter a plea of:
- Guilty: You admit to committing the offense you were charged with, that the act was unlawful, and that you have no defense for the act. In most minor traffic cases, a guilty plea and fine will be accepted through the mail or via our web site.
- Not Guilty: You deny guilt and the City must prove in trial that the charges against you are true beyond a reasonable doubt. Everyone is presumed innocent until proven guilty.
- No Contest: You do not wish to contest the City's charges against you. Upon a plea of no contest, the judge will enter a finding of guilty and order a fine, jail time or other sentence. A plea of no contest is not an admission of fault and cannot be used against you in a civil suit for damages.
In all Municipal Court cases, you have the right to be represented by an attorney. When charged with an offense that may result in jail time, you must decide whether to proceed with or without an attorney. If you want an attorney but cannot afford to hire one, the judge will appoint an attorney after finding that you do not have the financial means to hire one.
Plea Agreement
Many Municipal Court cases are concluded without a trial. A case may be disposed of without a trial through a plea agreement or through the diversion program.
Under a plea agreement, you agree to plead guilty or no contest to certain charges and the prosecutor agrees to ask the court to dismiss others. Sometimes the prosecutor may amend the complaint to a lesser charge or be more lenient on sentencing recommendations if you agree to plead guilty.
The prosecutor cannot initiate plea negotiations. The prosecutor has no obligation to discuss or negotiate your case. In plea negotiations, a prosecutor will consider the effect of the criminal offense on the victim, your criminal history, and the seriousness of the crime.
Please remember that a plea agreement is made with the prosecutor. The judge is not bound by the plea negotiations and may reject any agreements made.
Diversion
Another type of plea agreement is called diversion. In some cases the prosecutor may suggest that you apply for the diversion program instead of proceeding a trial. In diversion, you enter into an agreement to comply with certain conditions and agree to be supervised by the diversion coordinator for a period of time (anywhere from six months to one year depending on the offense). Other conditions of diversion may include attending classes, counseling, restitution, etc.
When entering into a diversion agreement, you will still be required to pay the fines and costs associated with the offense. You may also be required to obtain an evaluation or enter into a treatment program.
By agreeing to the conditions of the diversion, you give up the right to a speedy trial, the right to confront witnesses, and the right to present evidence. However, if you successfully complete all of the conditions of the diversion agreement, the charges against you will be dismissed. If you fail to comply with the conditions of your diversion, the agreement may be terminated and the matter returned to the court for prosecution.
Remember: plea agreements and the diversion program are done solely at the discretion of the prosecutor. Both are a privilege, not a right.
Many Municipal Court cases are concluded without a trial. A case may be disposed of without a trial through a plea agreement or through the diversion program.
Under a plea agreement, you agree to plead guilty or no contest to certain charges and the prosecutor agrees to ask the court to dismiss others. Sometimes the prosecutor may amend the complaint to a lesser charge or be more lenient on sentencing recommendations if you agree to plead guilty.
The prosecutor cannot initiate plea negotiations. The prosecutor has no obligation to discuss or negotiate your case. In plea negotiations, a prosecutor will consider the effect of the criminal offense on the victim, your criminal history, and the seriousness of the crime.
Please remember that a plea agreement is made with the prosecutor. The judge is not bound by the plea negotiations and may reject any agreements made.
Diversion
Another type of plea agreement is called diversion. In some cases the prosecutor may suggest that you apply for the diversion program instead of proceeding a trial. In diversion, you enter into an agreement to comply with certain conditions and agree to be supervised by the diversion coordinator for a period of time (anywhere from six months to one year depending on the offense). Other conditions of diversion may include attending classes, counseling, restitution, etc.
When entering into a diversion agreement, you will still be required to pay the fines and costs associated with the offense. You may also be required to obtain an evaluation or enter into a treatment program.
By agreeing to the conditions of the diversion, you give up the right to a speedy trial, the right to confront witnesses, and the right to present evidence. However, if you successfully complete all of the conditions of the diversion agreement, the charges against you will be dismissed. If you fail to comply with the conditions of your diversion, the agreement may be terminated and the matter returned to the court for prosecution.
Remember: plea agreements and the diversion program are done solely at the discretion of the prosecutor. Both are a privilege, not a right.
Trial
Under Kansas law, a person can be brought to trial only after a complaint or traffic citation has been filed. The complaint or citation is a document that outlines what the person is accused of, and states that the actions are unlawful. The person being charged is referred to as the defendant.
Plea
If you enter a plea of not guilty, it means you deny guilt and the city must prove its charges. Under the American system of justice, everyone is presumed innocent until proven guilty beyond a reasonable doubt. In a trial, the burden of proof is on the city to prove that the defendant is guilty of the charges outlined in the complaint or citation. Jury trials are not held at the Municipal Court level. A judge, who reaches a verdict and imposes the sentence, hears all testimony.
Representation
In all Municipal Court cases, you have the right to representation by an attorney. If you do not choose to be represented by an attorney, you may act as your own attorney. This is called appearing pro se.
Witnesses
In a trial, the prosecutor will begin by calling witnesses to testify against you. After each prosecution witness testifies , you have the right to cross-examine each witness. Your cross-examination must be in the form of questions. You are not allowed to argue with a witness. This is not the time for you to tell your side of the story. That opportunity will come later in the trial.
After the prosecution has presented its case, you have the right to call any witness who knows anything about the incident.
You have the right to have the court issue subpoenas for witnesses to ensure their appearance at trial. You have the right to testify and you have a constitution right not to testify. Choosing not to testify will not be used against you in determining guilt or innocence. However, if you do testify, the prosecutor will have the right to cross-examine you.
Under Kansas law, a person can be brought to trial only after a complaint or traffic citation has been filed. The complaint or citation is a document that outlines what the person is accused of, and states that the actions are unlawful. The person being charged is referred to as the defendant.
Plea
If you enter a plea of not guilty, it means you deny guilt and the city must prove its charges. Under the American system of justice, everyone is presumed innocent until proven guilty beyond a reasonable doubt. In a trial, the burden of proof is on the city to prove that the defendant is guilty of the charges outlined in the complaint or citation. Jury trials are not held at the Municipal Court level. A judge, who reaches a verdict and imposes the sentence, hears all testimony.
Representation
In all Municipal Court cases, you have the right to representation by an attorney. If you do not choose to be represented by an attorney, you may act as your own attorney. This is called appearing pro se.
Witnesses
In a trial, the prosecutor will begin by calling witnesses to testify against you. After each prosecution witness testifies , you have the right to cross-examine each witness. Your cross-examination must be in the form of questions. You are not allowed to argue with a witness. This is not the time for you to tell your side of the story. That opportunity will come later in the trial.
After the prosecution has presented its case, you have the right to call any witness who knows anything about the incident.
You have the right to have the court issue subpoenas for witnesses to ensure their appearance at trial. You have the right to testify and you have a constitution right not to testify. Choosing not to testify will not be used against you in determining guilt or innocence. However, if you do testify, the prosecutor will have the right to cross-examine you.
Sentencing
At the conclusion of a trial in Municipal Court, the judge will reach a verdict based on the city ordinance involved, the testimony, and the facts presented. If the judge enters a verdict of guilty, the penalty may be announced at that time or may be set for a later date.
Sentencing Options in Municipal Court
At the conclusion of a trial in Municipal Court, the judge will reach a verdict based on the city ordinance involved, the testimony, and the facts presented. If the judge enters a verdict of guilty, the penalty may be announced at that time or may be set for a later date.
Sentencing Options in Municipal Court
- Jail time may be ordered for certain offenses. All persons sentenced to jail time in the Hutchinson Municipal Court are sent to the Reno County Detention Center in Hutchinson, Kansas.
- Fines and fees may be assessed, and the amount is affected by the facts and circumstances of the case. Mitigating circumstances may lower the fine, even if you are found guilty. Aggravating circumstances may increase the fine. Fines for most traffic offense do not exceed $500, and fines for city ordinance violations do not exceed $2,500. If you are found guilty, court costs and other fees are added to the fine amount. All fines and fees are due the day they are assessed.
- Probation is a conditional release granted to a defendant following conviction. During your probation period you will be supervised by the probation officer and will be required to meet certain conditions. If you fail to meet any of those conditions you may be required by the judge to serve jail time and/or pay fines.
- House arrest is sentencing option that involves electronic supervision in your own home.
- Community Service is a program of supervised work utilizing several community agencies and businesses.
- Restitution can be court ordered in cases involving financial loss directly related to the crime you are convicted of.
Appealing a Conviction
Anyone found guilty in Municipal Court has a right to appeal the conviction to the District Court of Reno County, Kansas. To appeal, you must post a bond determined by the court and file a proper notice with the Municipal Court Clerk.
You have 10 days after a conviction to file a "Notice of Appeal." Forms to file an appeal are available at the Court Clerk's Office.
Anyone found guilty in Municipal Court has a right to appeal the conviction to the District Court of Reno County, Kansas. To appeal, you must post a bond determined by the court and file a proper notice with the Municipal Court Clerk.
You have 10 days after a conviction to file a "Notice of Appeal." Forms to file an appeal are available at the Court Clerk's Office.
Expungement
In Municipal Court, if you are found not guilty, if your case is dismissed, or if you are convicted, you may petition for expungement. Expungement means that the case information will be considered "erased" and the public will not have access to the information, except in certain situations.
You can petition for expungement of most city ordinance convictions after 3 years if you have satisfied the sentence imposed. The time frame is 5 years for convictions, including leaving the scene of an accident, driving on a suspended license, and failing to maintain liability insurance. (Pursuant to state law, driving under the influence convictions may no longer be expunged.)
Once an order of expungement is issued, you will be treated as though you were never convicted of a crime, unless:
In Municipal Court, if you are found not guilty, if your case is dismissed, or if you are convicted, you may petition for expungement. Expungement means that the case information will be considered "erased" and the public will not have access to the information, except in certain situations.
You can petition for expungement of most city ordinance convictions after 3 years if you have satisfied the sentence imposed. The time frame is 5 years for convictions, including leaving the scene of an accident, driving on a suspended license, and failing to maintain liability insurance. (Pursuant to state law, driving under the influence convictions may no longer be expunged.)
Once an order of expungement is issued, you will be treated as though you were never convicted of a crime, unless:
- You are convicted of another crime. In that case, the conviction that was expunged can be viewed as a prior conviction at sentencing.
- You apply for admission, or for an order of reinstatement to the practice of law in this state.
- You apply for employment with a criminal justice agency, private detective agency, private patrol agency, or with the Department of Social and Rehabilitation Services.
- You apply for a job with the Kansas Lottery or Racing Commissions.
- You apply for a commercial driver's license.
- Other circumstances as determined by the judge.