Yours would be a very state specific question, and no one here is a licensed attorney in Kansas, that i am aware, so any answer you got would be speculation. I suggest contacting a Kansas attorney who practices in your traffic court.
Yours would be a very state specific question, and no one here is a licensed attorney in Kansas, that i am aware, so any answer you got would be speculation. I suggest contacting a Kansas attorney who practices in your traffic court.
I have reached out to local attorney's they will not touch it or they want so much money that its not reasonable, one asked for 1450.00 retainer, others wanted more. There should be some ball park number, Most states have uniform criminal procedure that a person arrested has to be before a judge/magistrate with in 24/hours in some states 48/hours in other states and some have it as 72/hours. Now as you stated it would be specific to the state however its not speculation to say that a person arrested has 24 to 48 hours to be taken for a 1st appearance. So lets talk about this citation promise to appear;
Citation shows 09/28/22 for court date by phone call
09/28/22 called, was asked to leave a good number for call back, 2 hours passed, prosecution called back stated a plea agreement would be sent in 30 days.
In 5 days it will be 30 days from the date of a promise to appear / no charges read, no plea asked for or entered.
So in all 50 states a person can be held in legal limbo for any amount of time before a 1st a appearance is held? and nor one person finds this odd?
and everyone that has read this so far feel that there is no due process violation ? I do not find any place under Kansas Law that I have to talk to the City prosecutor before I have a 1st appearance, I only find under Kansas law that a court can order the defendant and prosecutor to meet only after a 1st appearance. So here we walked our self back to how long generally does a court have?
Lets look at the other side in all states
If your ticket requires a court appearance, you must appear in court at the time and date shown at the bottom of your ticket. Failing to appear
may result in the suspension of your driving privileges or the issuance of a warrant for your arrest.
Ok :
Lets look at the other side in all states
you have about 30 days to pay the citation before your case goes to court.
Ok :
Lets look at the other side in all states this one in some states you only get 1 notice
a notice before summons, not a summons itself. You usually get 2 notices before the summons is issued, after which you have about another 30 days to pay (or contest your fine in writing) before your case goes to court.
You can contest your traffic fine in writing with the municipal traffic department any time
before a summons has been issued. Remember to send a copy of your traffic fine along with your letter.
Ok many will read the other post and say you filed a motion to dismiss you contested the traffic fine, yep I did but the city attorney stated
The Court has not been able to take any action on your motion because you have not yet
appeared for your arraignment. So this would mean I did not take any action to contest or that it was not seen as a contested traffic fine. or the court and the city is acting under color of law as the Kansas Law states that a motion to dismiss can be filed before a arraignment.