Arraigned without knowing or being present.

[Joshm1978]

Can a kansas district court hold an arraignment and request court apointed councel without me knowing of the court date or being there?
is it legal for a district court to hold an arraignment on a 5 count complaint battery on a law enforcement officer, battery, interfering with law enforcement- obstruction 2, and disorderly conduct without me being present or informing me of the court date? I was also appointed counsel that day. The journal entry states I requested the appointment of councel yet I knew nothing about the proceedings. In fact I had a scheduled phone appointment with a lawyer representing me on another case at 12 pm that day. The journal entry time was 1153. The lawyer appointed was the one I was talking to that day. Neither of us knew about a court date that day. I have a copy of the journal entry of arraignment signed by prosecution and judge. Doesnt this violate my right to a fair trial?

 

[PayrollHRGuy]

It doesn't violate your right to a fair trial because there has yet to be a trial.

You have at least one lawyer now. You should discuss this with them.

 

[Taxing Matters]

Can a kansas district court hold an arraignment and request court apointed councel without me knowing of the court date or being there?
is it legal for a district court to hold an arraignment on a 5 count complaint battery on a law enforcement officer, battery, interfering with law enforcement- obstruction 2, and disorderly conduct without me being present or informing me of the court date? I was also appointed counsel that day. The journal entry states I requested the appointment of councel yet I knew nothing about the proceedings. In fact I had a scheduled phone appointment with a lawyer representing me on another case at 12 pm that day. The journal entry time was 1153. The lawyer appointed was the one I was talking to that day. Neither of us knew about a court date that day. I have a copy of the journal entry of arraignment signed by prosecution and judge. Doesnt this violate my right to a fair trial?

I think there must be something more to this than you have stated here. In Kansas, the law is that if the charges are felony offenses the defendant must be present for the arraignment and if the charges are misdemeanors the defendant must be present unless the court has approved appearance by counsel instead. See Kansas Statute section 22-3205. So at the very least your attorney had to be there, and if it was a felony you had to be there. Yet your post indicates that neither you nor your attorney were there. If that’s true, then there is some problem here; what problem that is cannot be determined by the court journal entry. Ask your lawyer about this and what to do about it. The remedy here is likely to hold another arraignment, if you want one. It almost certainly will not result in dismissal of the charges, if that is what you were hoping.

 

[quincy]

Can a kansas district court hold an arraignment and request court apointed councel without me knowing of the court date or being there?
is it legal for a district court to hold an arraignment on a 5 count complaint battery on a law enforcement officer, battery, interfering with law enforcement- obstruction 2, and disorderly conduct without me being present or informing me of the court date? I was also appointed counsel that day. The journal entry states I requested the appointment of councel yet I knew nothing about the proceedings. In fact I had a scheduled phone appointment with a lawyer representing me on another case at 12 pm that day. The journal entry time was 1153. The lawyer appointed was the one I was talking to that day. Neither of us knew about a court date that day. I have a copy of the journal entry of arraignment signed by prosecution and judge. Doesnt this violate my right to a fair trial?

Clarification, please.

You NEVER appeared in court after your arrest? How did you learn of the charges filed against you and how did the court determine you were eligible for a public defender?