General Info

 
 
 
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Criminal Process

  • First Appearance: At a first appearance hearing, the defendant is informed of the charges and possible penalties, a lawyer is appointed if needed, and a second appearance date is set.

  • Second Appearance or Case Management: The defendant has a chance to meet with their attorney and the parties update the court on the status of the case.

  • Preliminary Hearing (Felony cases only): The purpose of a preliminary hearing is for the judge to determine if there is probable cause that the defendant committed a felony. If you are a necessary witness, you will receive a subpoena which specifies when and where you will testify.

  • Arraignment: The purpose of arraignment is to advise the defendant of the charges, penalties, and their right to trial. The court then takes the defendant’s plea and sets a date for trial or sentencing.

  • Trial: The trial of a felony offense is before a jury of twelve people. The trial of a misdemeanor may be to a jury of six people or to the judge. If you are a necessary witness for a trial, you will receive a subpoena, which specifies when and where you will testify.

  • Sentencing: If the defendant is convicted of the crime, the court will set a date for sentencing. A victim may request to be heard at sentencing by completing a Victim Impact Statement.

It is important to note that not all cases go to trial. Some cases are handled through diversion or plea negotiation. In any event, when plea negotiations or diversions are used, it is only after a careful determination that justice is best served.

 
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Felony Sentencing

In general, the potential punishment an offender faces for a felony conviction can be determined by referring to the sentencing grids, which are found below. The left side of each grid reflects the crime severity level, with severity level 1 being the most severe and severity level 10 (or severity level 5 on the drug offense grid) being the least severe. The tops of the grids show criminal history categories. Please note that some grid boxes hold a presumed probation sentence and some hold a presumed prison sentence.

There are some felony crimes that are not included on the grids, such as treason, first-degree murder, and capital murder. These are called "off-grid" crimes for which the punishment is determined by other laws. There are also a few offenses called "non-grid" crimes which are punished by incarceration in the county jail in which the defendant is located, rather than in prison. One example of a “non-grid” crime is a felony DUI.

Misdemeanor Sentencing

Misdemeanors are less serious than felonies. Misdemeanor offenses also are punished by jail sentences, probation, and fines. The maximum penalty for a Class A Misdemeanor is one year in jail and a $2500 fine. The maximum penalty for a Class B Misdemeanor is six months in jail and $1000. The maximum penalty for a Class C Misdemeanor is one month in jail and $500.

 
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25th Judicial District

Kansas courts are unified in the judicial branch. The Supreme Court has general administrative authority over all courts in Kansas.

District courts are trial courts, where criminal and civil hearings and trials take place.

Scott County is within the 25th Judicial District. The court clerk and courtroom are located on the second floor of the Scott County Courthouse.

Click below to find more information about the Kansas Judicial Branch and the Court System.