Arraignment
An arraignment is the first court appearance and is the scheduled time for a defendant to enter a plea. Traffic arraignments are held on Monday, Tuesday, and Wednesday mornings at 8:00 a.m. The criminal arraignment docket is held every Wednesday afternoon at 1:00 p.m.
At the arraignment you will be given the opportunity to enter a plea. You may enter a plea of guilty, not guilty or no contest.
- Pleading guilty means that you admit to committing the charged offense.
- Pleading not guilty means you deny guilt and that the City must prove in trial that the charges are true beyond a reasonable doubt.
- Pleading no contest means you do not wish to contest the City’s charge. Once you plea no contest, the judge will find you guilty and impose a sentence. A plea of no contest is not an admission of fault and cannot be used against you in a civil suit.
Appealing a Conviction
Anyone found guilty in Municipal Court has the right to appeal the conviction to the District Court of Douglas County, Kansas.
You have 10 days after your conviction to file a “Notice of Appeal” at the Municipal Court office. A filing fee of $64.50 is required at the time the notice is submitted. Additionally, an appeal bond may be imposed.
Click here for a printable version of the Notice of Appeal (PDF, 6 KB)
Court Appointed Attorney
You have the right to be represented by an attorney.
If you would like an attorney but cannot afford one, you are required to contact the Douglas County Legal Aid Society at (785) 864-5564. If DCLA cannot represent you, for any reason, you must obtain a letter from them stating why you have been denied service.
You can then complete a Financial Affidavit to apply for a Court Appointed Attorney. The completed application must be accompanied by the letter from DCLA denying service.
Click here for a printable version of the Financial Affidavit (PDF, 15 KB)
Expungement
If you are convicted in Municipal Court you may petition for expungement. Click here for a printable version of the Petition for Expungement (PDF)
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 may petition for expungement after three years of the date the sentence was satisfied. However, some cases require five years since the date the sentence was satisfied – these include Operating Under the Influence (unless the occurence date is July 1, 2006 or after, these cases are no longer eligible for expungement), Driving While Suspended, Leaving the Scene, Failure to Report an Accident, Duty Upon Striking, and No Insurance.
Sentencing
There are several sentencing options in Municipal Court such as jail time, fines, fees, restitution, community service, house arrest, monitor docket, and probation.
If you are found guilty of the charges, the judge will announce a penalty at the time of sentencing.
Trial
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.
There are no jury trials in Municipal Court, a judge hears all testimony, reaches a verdict and imposes the sentence.
You have the right to be represented by an attorney. If you choose not to be represented by an attorney, you may act as your own attorney.
The prosecutor will call witnesses to testify against you, and after each testimony you have the right to cross-examine the witness. You are also allowed to call any witness to testify on your behalf.