The Trial
Under Kansas Law, you can be brought to trial only after a complaint or traffic citation(s) has been filed. The complaint or citation is a document which alleges what you have done and that your actions were unlawful.
- You have a right to inspect this complaint before trial.
- You DO NOT have the right to have your case tried before a jury in Municipal Court.
- You are entitled to hear all testimony introduced about you.
- You have a right to testify on your own behalf. You also have a constitutional right not to testify. If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence. However, if you choose to testify, the prosecutor will have the right to cross-examine you.
- You may call witnesses to testify on your own behalf. You also have the right to have the court issue subpoenas for witnesses to ensure their appearance at trial. However, you must furnish the names, addresses and telephone numbers of the witnesses to the court at least 10 working days before your trial date, so the witness may be served. The court will only serve subpoenas with the City; any service outside the City will be your responsibility.
- Presenting Your Case
As in all trials, the City will present its case first by calling witnesses to testify against you.
After each prosecution's witness has finished his/her testimony, you will have the right to cross-examine him/her. Your examination must be in the form of a question and you must not argue with the witness. Do not attempt to tell your side of the story at this time. You will have an opportunity to do so later in the trail. After the prosecution has presented its case, you may present your case. You have the right to call any witness who knows anything about the incident and to introduce exhibits such as photographs and diagrams.
The Verdict
The verdict of the Judge will be based on the testimony which sounds most reasonable and on the facts presented during the trial. In making the determination the Judge can consider testimony of any witness under oath. If you are found not guilty by the Judge the case is closed and you will owe no fines. If you are found guilty by the Judge, the Judge will announce the penalty and you should be prepared to pay the fine at that time. However, you may be granted an extension of 10 working days to appeal the ruling of the Judge.
Right to Appeal
If you are not satisfied with the judgment of the Court, you have the right to appeal your case to the Leavenworth County District Court. If you do appeal the Judge's judgment, you must file a written notice of appeal with the Clerk of the District Court within 14 days of the date of judgment. After filing your appeal you will be assigned a new court date to appear in the Leavenworth County District Court for a new arraignment date. After arraignment another date will then be scheduled for a completely new trial before a different judge or jury in the Court.
Fines
The amount of fines assessed by the Court is affected by the facts and circumstances of the case. Mitigating circumstances may lower the fines, even if you are guilty. However, aggravated circumstances may increase the fines. All fines are assessed by the Judge.
Accident Cases
The Municipal Court has no jurisdiction over damages caused by an auto accident. Settlement of damages is a matter for a Civil Court to decide and in order to recover for any damages you will have to file a separate civil suit in another Court. Municipal Court hears only criminal misdemeanor cases in violation of city ordinances.