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Olathe Municipal Court Policies and Procedures

Amending Tickets

Tickets can only be amended through the City Prosecutor's Office by an attorney hired on your behalf.

 

Continuances

By Court Clerk:

  • Continuances can not be granted by telephone. The clerk is authorized to grant a two-week arraignment continuance from the original arraignment date provided the defendent appears personally to sign a new notice to apear. No continuances shall be granted on the warrant arraignment docket. The Clerk may grant one plea docket continuance to an attorney. All other continuances require an appearance in front of the Judge.

By Prosecutor:

  • Once a case has been set for trial, ALL continuances must be approved by the Prosecutor. If approved, the pro-se defendant must come in prior to the trial date and sign a new Notice to Appear. An attorney trial continuance may be handled by phone if first approved by the Prosecutor.

 

Failure to Appear

Defendants who fail to appear for a required court appearance will be subject to arrest on a bench warrant.

Defendants who have missed a court appearance may appear before a Judge on Tuesday of each week at a "Walk-in" Docket between 1:30 p.m. and 3:00 p.m. At that time a defendant may request the court to set aside previously ordered bench warrants.

Defendants who fail to appear on moving violations are also subject to a suspension of their driver's license.

 

Plea Agreement

A case may be disposed of without a trial through a plea agreement or the diversion program. The City Prosecutor cannot initiate plea negotiations, and in fact has no obligation to discuss your case. Plea agreements are made between the defendant and/or the attorney hired for the case and the Prosecutor. The Judge is not bound by the plea agreement and may reject any or all of the negotiated agreement.

Remember: plea agreements and diversions are done at the discretion of the City of Olathe's Prosecutor's Office. Both are a privilege, not a right.

 

The Arraignment

When a complaint or traffic citation is issued, the person charged is given an arraignment date to appear in court. That person, known as the "defendant," has the right to have the complaint or citation read to him/her prior to entering a plea. The defendant may enter one of three pleas: guilty, no contest, or not guilty. The Judge does not hear evidence about the case at an arraignment. After entering a not guilty plea at arraignment, the defendant may present evidence at the trial.

Plea Options:

  • Guilty: you admit to the act you are charged with, and admit that the act is unlawful, and that you have no defense for the action you committed. In most minor traffic cases, a guilty plea and fine will be accepted through the mail or by phone.
  • Not guilty: you deny that you committed the unlawful act you were charged with. At that time it becomes the responsibility of the city to prove in trial that doubt. Everyone is presumed innocent until proven guilty beyond a reasonable doubt.
  • No contest: you have the option to plea no 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 guilt or fault and cannot be used against you in a civil suit for damages.

 

The Right to an Attorney

A defendant has a right to representation by a retained attorney. A defendant charged with an offense that subjects them to the possibility of incarceration, and meets the financial guidelines may be eligible for court-appointed counsel.

 

Diversion, Victim Assistance, Mediation

Defendants charged with a first criminal offense may be eligible for the Prosecutor's diversion program prior to trial or a plea. Successful completion of the diversion agreement will result in dismissal of the diverted charges. The Prosecutor also provides victim assistance and mediation services.

 

The Trial

Trials are held before the Municipal Judge. Jury trials are not available. The defendant may request the court clerk to issue subpoenas for witnesses. The Prosecutor will present evidence in support of the charge(s). The defendant has the right to cross examine each witness. After the prosecution has rested its case, the defendant has the right to testify and to call any witness who has knowledge about the incident. The Prosecutor has the right to cross examine. The Judge's verdict will be based on the City ordinance involved in the charge and the evidence, including testimony under oath, presented during the trial.

 

Appeal

Anyone found guilty in the Olathe Municipal Court has a right to appeal the conviction to the District Court of Johnson County, Kansas. To appeal, the defendant must post an appearance bond in an amount determined by the Municipal Judge, file proper notice with a municipal court clerk, serve notice on the City Prosecutor and appear in the District Court. These requirements are subject to specific time limits which must be complied with by defendants.

 

Sentencing

If the court orders a Substance Abuse Evaluation (ADSAP) or a Pre-Sentence Investigation, the sentencing shall be continued to a new court date. A Pre-sentence Investigation will be ordered if the City Prosecutor contemplates a jail term and or probation. Jail time may be ordered for certain criminal offenses. Probation is a conditional release from custody during which the defendant is supervised by a court services officer and required by the court to meet certain conditions. Sentencing Options in Olathe Municipal Court.