Your presence in Municipal Court is perhaps your first appearance in any court. The information on this website dealing with Municipal Court has been prepared to help you understand the Court proceedings and to inform you of your rights and duties. We want every person to leave this Court feeling he or she has been treated fairly.
Municipal Court is the judicial branch of the city government. Traffic infractions and violations of City Code are tried in Municipal Court, and upon conviction carry a maximum fine of $1,500 and a possible jail term.
Trials are conducted under the Code of Criminal Procedure, Code for Municipal Courts and the Kansas Rules of Evidence as adopted by the Kansas Legislature.
In all cases in the Municipal Court, you may have an attorney represent you. When you are charged with an offense that may result in jail time as part of your sentence, you will need to decide whether you want to continue with or without an attorney.
If you desire an attorney, and if the Court finds you do not have the means to hire one, the Court will consider appointing an attorney to represent you. If you decide to proceed without an attorney the Judge will ask you to sign a waiver of counsel form.
By a plea of guilty you admit that you committed the act charged, that the act is prohibited by law and that you have no defense for your act. Before entering your plea of guilty you need to understand the following:
A plea of no contest simply means that you do not wish to contest the City’s charge against you, but wish to talk to the Judge about mitigating circumstances. Judgment will be entered by the Judge and some penalty will be set. A plea of No Contest cannot be used against you in a civil suit for damages.
A plea of not guilty means that you are informing the Court that you deny guilt and that the City must prove its charge against you.If you plea not guilty you will need to decide whether to employ an attorney to represent you at trial. You may defend yourself, but no one else except an attorney may represent you. However, if you are a minor (under 18 years of age) one of your parents should be present.If you defend yourself please consult the section of the website regarding the trial procedure and the manner of presenting your case. Under our American system of justice, all persons are presumed to be innocent until proven guilty beyond a reasonable doubt. On a plea of not guilty a trial is held and the city is required to prove all the allegations against you as contained in the formal complaint beyond a reasonable doubt before a verdict of guilty can be reached.
You must decide upon and enter a plea to the charge against you. If you signed a citation in front of an officer, you did not plead guilty, but only signed a promise to appear in court on your appearance date.
There are three possible pleas to a complaint:
Your decision on what plea to enter is the most important decision you will have to make. We suggest that you read the explanation of all three pleas before entering your plea.
When you appear in court you will be required to obey the following rules: