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 against you
You have a right to testify on your own behalf
You 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 do choose to testify, the prosecutor will have the right to cross examine you.
You may call witnesses to testify on your 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 these witnesses to the court, at least 10 working days before your trial date, so that the witnesses may be located and subpoenas served. The Court will only serve subpoenas within the city; any service outside of the city will be your responsibility.
Right to Trial
Under Kansas law, you can be brought to trial only after a complaint or traffic citation has been filed. The complaint or citation is a document which alleges what you are supposed to have done, and that your actions were unlawful. You have a right to inspect this complaint before the trial and have it read to you at the time of trial.
The verdict of the judge will be based on the testimony which sounds most reasonable on the facts presented during the trial. In making his/her determination, he/she can only consider the testimony which sounds most reasonable and on the facts that were presented during the trial.
If you are found guilty by the judge, he/she will announce the penalty at the time. You should be prepared to pay the fine at this time. However, you may be granted an extension of 10 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 Reno County District Court. If you wish to appeal the judge's decision, you must file a written notice of appeal within 14 days from the date of the original judgment with the clerk of the municipal court. In addition, the District Court filing fee of $96.50 must be submitted with the notice of appeal. Appeals must be filed within 14 days from the date of the original judgment.
After filing your appeal, you will be assigned a court date to appear in district court for a new arraignment date. After arraignment, another date will be scheduled for a new trial before a different judge or jury in the Reno County District Court.
To learn more, contact the Court Clerk at (620) 560-6282.