ROSE HILL MUNICIPAL COURT Located in City Council Chambers 125 West Rosewood Rose Hill, KS 67133 316-776-3000 Court Sessions: 1 st & 3 rd Thursday of the Month at 5:30pm The Municipal Court is the judicial branch of the City. Traffic Violations, Misdemeanor Public Offense Violations and violations of Rose Hill City Ordinances are handled in this Court. In the Municipal Court there are no jury trials. A judge under the Code of Criminal Procedure, the Code of Municipal Courts, the Kansas Rules of Evidence and the Rose Hill Municipal Code conducts all trials. Municipal Court should not be confused with Butler County District Courts. District Court has jurisdiction over cases such as serious criminal offenses, divorce and domestic relations, damage suits, probate and administration of estates, guardianships, conservatorships, care of the mentally ill, juvenile matters and small claims. Judge: Honorable Fred Johnson Prosecutor: Andrew Marino Probation Officer: B.J. Kitchen Court / Police Clerk Police Clerk Robin Neuman Robin Long
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Court Sessions: 1st rd& 3 Thursday of the Month at 5:30pm · Traffic Violations, Misdemeanor Public Offense ... If you plead not guilty, you will need to decide whether to employ
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ROSE HILL MUNICIPAL COURT Located in City Council Chambers
125 West Rosewood Rose Hill, KS 67133
316-776-3000
Court Sessions: 1st & 3rd Thursday of the Month at 5:30pm
The Municipal Court is the judicial branch of the City. Traffic Violations, Misdemeanor Public Offense Violations and violations of Rose Hill City Ordinances are handled in this Court. In the Municipal Court there are no jury trials. A judge under the Code of Criminal Procedure, the Code of Municipal Courts, the Kansas Rules of Evidence and the Rose Hill Municipal Code conducts all trials. Municipal Court should not be confused with Butler County District Courts. District Court has jurisdiction over cases such as serious criminal offenses, divorce and domestic relations, damage suits, probate and administration of estates, guardianships, conservatorships, care of the mentally ill, juvenile matters and small claims.
Judge: Honorable Fred Johnson Prosecutor: Andrew Marino
Probation Officer: B.J. Kitchen
Court / Police Clerk Police Clerk
Robin Neuman Robin Long
ROSE HILL MUNICIPAL COURT
YOUR RIGHTS IN MUNICIPAL COURT
Your presence in Municipal Court today is perhaps your first experience in any Court. This brochure 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 that he or she has been treated fairly. Municipal Court is the judicial branch of City Government. Traffic violations and violations of City Ordinances are tried in Municipal Court, and upon conviction, carry a maximum fine of $2,500.00 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.
APPEARANCE IN COURT
When you appear in Court, you will be required to obey the following rules: 1. Appropriate clothing and shoes will be worn. 2. The wearing of hats or caps is not allowed. 3. Food and drinks are not allowed in the Courtroom. 4. While the Court is in session, talking is not allowed, except with authorized Court personnel. 5. There will be NO SMOKING in the Courtroom
BEFORE COURT BEGINS
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: 1) “GUILTY” 2) “NO CONTEST” 3) “NOT GUILTY” YOUR DECISION ON WHAT PLEA TO ENTER IS THE MOST IMPORTANT DECISION YOU WILL HAVE TO MAKE. WE SUGGEST THAT YOU READ THE FOLLOWING EXPLANATIONS OF ALL THREE PLEAS BEFORE ENTERING YOUR PLEA.
PLEA OF GUILTY
By 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: 1. The City has the burden of proving its case against you. You have the right to hear the City’s evidence and to require it to prove its case, when you go to trial. The law does not require you to prove anything.
2. If you were involved in a traffic accident at the time of the alleged offense, your plea of guilty could be used later in a civil suit for damages as an admission by you that you were at fault or were the party responsible for the accident.
PLEA OF NO CONTEST
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.
PLEA OF NOT GUILTY
A plea of “Not Guilty” means that you are informing the Court that you deny charges against you. If you plead 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. When charged with an offense that may result in jail time as part of the sentence, you must decide whether to proceed with or without an attorney. If you want an attorney, and a judge finds you do not have the financial means to hire one, one will be appointed. You may be required to pay a portion of the cost of the court-appointed attorney. You have no choice in the selection of a court-appointed attorney. If you defend yourself, please consult the following sections of this brochure 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.
THE 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 the right to inspect this complaint before trial, and have it read to you at 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 against you.
You have a right to testify in 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 do choose to testify, the prosecutor will have the right to cross-examine you. You may call witnesses to testify in 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 these witnesses to the Court, at least 10 working days before your trial date, so that the witnesses may be located and the subpoenas served.
PRESENTING THE CASE
As in all trials, the City will present its case first by calling witnesses to testify against you.
After each prosecution witness has finished his or her testimony, you will have the right to cross-examine him or her. Your examination must be in the form of questions 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 trial. 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 his/her determination, he/she may only consider the testimony of the witnesses who are under oath. 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, and a $10.00 administrative fee will be required.
RIGHT TO APPEAL
If you are not satisfied with the judgment of the Court, you have the right to appeal your case to the 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 of the county in which the Municipal Court is located, deliver a copy to the City Attorney’s office, and post an Appeal Appearance Bond in the amount set out by the Judge. The appeal must be filed within (10) days from the date of judgment.
After filing your appeal, you will be assigned a new court date to appear in 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 county District Court.
FINES The amount of fine assessed by the Court is affected by the facts and circumstances of the case. Mitigating circumstances may lower the fine, even if you are guilty. However, aggravating circumstances may increase the fine. A fine will not exceed $500.00 for most traffic violations; and up to $2,500.00 for City ordinance violations involving driving under the influence of intoxicating liquor or drugs.
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 Courts hear only Criminal misdemeanor cases involving violations of City Ordinances.
STATE FEES
Effective July 1, 2002, the State of Kansas has ordered the Municipal Courts to collect a $19.00 fee on each case that involves a moving violation, criminal charge, or violation of a City Ordinance. $7.00 is forwarded to the State of Kansas and goes to the Law Enforcement Training Center Fund, $1.00 is for the Victims of Domestic Violence, and $1.00 goes to a Trauma Fund. There is also a $.50 fee for the Judicial Education Fund
Because of the orders, the City is required to collect $19.50, which is forwarded to the State of Kansas. This $19.50 is factored into your Court Cost amount as stated on your Notice to Appear.
The Municipal 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 person 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. The process you must go through as a defendant, or person charged with a violation, involves the subject below: * Arraignment * Plea Agreement * Trial * Sentencing * Appealing a Conviction * Expungement Arraignment Arraignment is the term used for the time scheduled for a defendant to appear in court to enter a plea. For traffic infractions, the court date and time entered on the bottom of the citation is your notice to appear for arraignment. If you are charged with a misdemeanor, you may be placed in custody and required to post a bond prior to release. If you are unable to post bond, you will be held until the next court date, when you will have a hearing before the judge. At the arraignment, you will be given an opportunity to enter a plea. If you signed a traffic citation in front of 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 act charged, that the act is 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 by phone.
* Not Guilty: you deny guilt and that the City must prove in trial that the charges are true beyond a
reasonable doubt. Everyone is presumed innocent until proven guilty. * No Contest: you do not wish to contest the City’s charge. 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.
The Right to an Attorney In all Municipal Court cases, you have a right to representation 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 Court cases, infraction and misdemeanor, are concluded without a trial. A case may be disposed of without a trial through a plea agreement or 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 a 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 offense on the victim, your criminal history, and the seriousness of the offense. 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. Another type of plea agreement is called diversion. In some cases, if you are qualified and apply, a prosecutor may place you in a diversion program instead of proceeding with a trial. In diversion, you enter into a contract to comply with certain conditions and agree to be supervised by a probation officer for a period of time, usually a year. Other conditions of diversion may include attending classes, counseling, restitution, or a no-contact order with the victim(s). When entering into a diversion contract, there may be a fee from $200 to $1,000, depending on the nature of the charges. Any evaluation, education, or treatment programs required as a part of the agreement will be at your own expense, but some may be included in the diversion fee. You will not be allowed to consume alcohol or drugs while on diversion, and may be required to submit to testing. By agreeing to the conditions of 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 in the agreement, the charges against you will be dismissed. If you fail to comply with a condition, the diversion agreement may be terminated, the charges against you immediately reinstated, and a trial will be held on the police reports alone. Diversion is only for first time offenders and those who do not appear likely to engage in further criminal conduct. Remember: plea agreements and diversion 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 action(s) is unlawful. The person being charged is referred to as the defendant. If you enter a plea of not guilty, it means you deny guilt and the City must prove its charges. Under our 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. In all Municipal Court cases, you have a 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. In a trial, the prosecutor will begin by calling witnesses to testify against you. After each prosecution witness testifies, you have a 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 comes 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 constitutional 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 will be announced at that time or after a pre-sentence investigation. Sentencing Options in Municipal Court: * Jail time may be ordered for certain offenses. All persons sentenced to jail time in Rose Hill
Municipal Court are sent to Butler County Detention in El Dorado, 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 offenses do not exceed $500, and fines for Misdemeanor Public Offenses and City Ordinance violations generally do not exceed $2,500. If you are found guilty, court costs and other fees are added to the fine amount. * Probation is a conditional release granted to a defendant following conviction. During your
probation period you will be supervised by a 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.
* Community Service Work 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 Butler County, Kansas. To appeal, you must post a bond determined by the court, and file a proper notice either with the Municipal Court Clerk, or at the District Court office. You have 10 (ten) business days after a conviction to file a “Notice of Appeal.” In the District Court, you are entitled to a trial de novo, or a whole new trial as though the Municipal Court trial had never taken place. It may take a few months for an appeal case to be heard by the District Court. Your appeal bond receipt sets forth the time and place for the first appearance in District Court. If you fail to appear at that time, or any other time during the course of the appeal, your appearance bond will be forfeited and the case will be returned to the Municipal Court for execution of the fine and sentence that were initially imposed. 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 may petition for expungement of most City ordinance convictions after three (3) years if you have satisfied the sentence imposed. The time frame is five (5) years for convictions including Leaving the Scene of an Accident, Driving Under the Influence, Driving While Suspended, and Failing to Maintain Insurance Liability. Once you have petitioned for expungement, the court will set a hearing date and send a notice to the prosecutor. Anyone who has relevant information about you may testify at the hearing. The Court may look into your background and will be given access to any reports or records that may be on file with the Secretary of Corrections or the Kansas Adult Authority. At the hearing, your case information may be expunged if the Court finds: * You have not been convicted of a felony in the last two years, and no criminal proceedings are currently pending or being instituted. * Your behavior and circumstances warrant it.
* Expungement is consistent with the public welfare. 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.
Traffic Ticket Information Traffic tickets issued for violation of the City of Rose Hill ordinances come in many flavors. There are speeding and minor traffic infractions, defective equipment (i.e. head light out), no proof of current insurance or no driver’s license in possession, and more serious offenses such as driving while suspended. All may be handled in several different ways. Speeding and Minor Traffic Infraction When you receive a ticket for speeding or a minor traffic infraction, a court date is assigned by the officer and placed on the bottom of the citation. You may either appear on that date, or pay the fine and costs associated with the violation prior to that date. Rose Hill Municipal Court does not offer diversions for traffic infractions. However, you may choose to negotiate a resolution with the prosecutor. For that, you must appear in court on the assigned date. Defective Equipment If you received a citation for faulty equipment, take the repaired vehicle and ticket to the Police Department. If repaired before the court date on the ticket, the Police Department will notify the court and the violation will be dismissed with no costs. If repaired after the court date on the ticket, but before a warrant is issued, the Police Department will notify the court and the violation will be dismissed with costs of $40.00. No citations will be dismissed once a warrant is issued! The Police Department is located at City Hall, 125 W. Rosewood, Rose Hill, Kansas.
Proof of Insurance Insurance violations will be dismissed by the Judge if insurance verification is brought to the court office prior to the court date on the citation, or at court if appearing. The verification MUST include the make and year of the vehicle, insurance company (not the agent), name and date of coverage inclusive of the date the ticket was written. If you did not have insurance on the date of the ticket, you must appear in court. Serious penalties can result if ‘no insurance’ citations are not handled correctly. More Serious Traffic Offenses When you receive a traffic ticket for a serious offense, such as Reckless Driving, Driving While Suspended, Transporting Open Container, Driving Under the Influence of Alcohol or Drugs – you must appear in Municipal Court. If you plead ‘not guilty,’ a trial date will be scheduled for you at that time and date of your court appearance. If you do not appear at that time and date to attend your hearing, a bench warrant may be issued and your driver’s license suspended. When your driver’s license is suspended, you must pay an addition $50.00 per charge to get the license reinstated. Remember – you may be arrested on a warrant if you do not show up in Court for your scheduled hearing. Driver’s License Suspensions If your driver’s license has been suspended because of unpaid fines in Rose Hill Municipal Court, please contact the Court Clerk by phone or in person. The Clerk will be able to assist you with this type of suspension of your driver’s license. Municipal Court, 125 W. Rosewood, Rose Hill, Kansas 67133, 316-776-3000 If your driver’s license is suspended for any reason other than through Rose Hill Municipal Court, then you must contact the Division of Motor Vehicles. Kansas Department of Revenue, Division of Motor Vehicles, State Office Building Topeka, Kansas 66612, 785-296-3671
Paying a Ticket or Fine There are several options for paying a ticket or fine. Those that do not require a court appearance can be paid by phone (credit card), by mail, via a drop-off box, or by coming to the court office. The signed ticket, and a check or money order for payment must be included in an envelope for mail and drop-offs. * Phone number for credit card payments is 316-776-3000. Please have your card with you when calling, for information requested. * Mail to: Rose Hill Municipal Court, P.O. Box 185, Rose Hill, KS 67133.
* Drop-off box: Use drop box for Water Bills located at City Hall, 125 W. Rosewood, Rose Hill, KS, at front of building on east of entrance doors. * Court Office: located at City Hall, 125 W. Rosewood, Rose Hill, KS, on west side of building after entering front doors.
ROSE HILL MUNICIPAL COURT FINE SCHEDULE Standard Traffic Ordinance Book
Uniform Public Offense Code Book
ORD. # ART. # SEC. # DESCRIPTION FINE COSTS TOTAL CODE