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no arraignment on date of promess to appear

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What is the name of your state? Kansas Citation shows I was arrested, but not taken to jail, Citation gave a date of 09/28/22 for 1st appearance in court would be by phone call, Called did not get a arraignment. but was given a plea deal? it is now 10/18/22 no information or indictment as this is municipal court.

Question : Kansas Arraignment for trial must occur within how many days ?
Now after a arraignment if a person is not be brought to trial within 150 days after such person's arraignment entitled to be discharged from further liability to be tried for the crime charged. So what happens if you have not had a Arraignment?

Arraignment. (a) Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto.
 
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quincy

Senior Member
What is the name of your state? Kansas Citation shows I was arrested, but not taken to jail, Citation gave a date of 09/28/22 for 1st appearance in court would be by phone call, Called did not get a arraignment. but was given a plea deal? it is now 10/18/22 no information or indictment as this is municipal court.

Arraignment. (a) Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto.
I suggest you call the court to find out the status of your citation.
 
I suggest you call the court to find out the status of your citation.
I did request what was going on I was sent this by the law firm," Please understand that our office represents the City
XXXXX XXXXX (the “City”) in
two different capacities. Danny and myself are the City Attorney and Assistant
City Attorney, respectively. Myself and Shane are the City Prosecutor and Assistant
City Prosecutor, respectively.
As a matter of procedure, our Court Clerk did receive your Motion to Dismiss.
The Court has not been able to take any action on your motion because you have not yet
appeared for your arraignment.
You are required to appear in court for your arraignment, during which the charges against
you will be read and you will have an opportunity to enter a plea of Guilty, No Contest, or
Not Guilty. You may appear remotely by calling (913) xxxxxxx between the hours of
10:00 a.m. and 4:00 p.m., or in person by appearing within the same time frame at the
xxxxxx xxxxxxx City Hall, Municipal Court Clerk’s Office, located at xxxxx xxxxxxx xxxxxxx xxxxxxxx So I did call still no arraignment.
Section 22-3208 - Pleadings and motions

(4) The motion to dismiss shall be made at any time prior to arraignment or within 21 days after the plea is entered. The period for filing such motion may be enlarged by the court when it shall find that the grounds therefor were not known to the defendant and could not with reasonable diligence have been discovered by the defendant within the period specified herein. A plea of guilty or a consent to trial upon a complaint, information or indictment shall constitute a waiver of defenses and objections based upon the institution of the prosecution or defects in the complaint, information or indictment other than it fails to show jurisdiction in the court or to charge a crime.
 
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quincy

Senior Member
You submitted a motion to dismiss?

Is this a traffic citation?

Do you plan to fight the citation?
 
You submitted a motion to dismiss?

Is this a traffic citation?

Do you plan to fight the citation?
Yes I filed a motion to dismiss, the police have me as owner I am not, no insurance I have insurance for my car but I do not have insurance for my wife mother car, expire registration yep it was for 5 days then put in computer in Texas as up to date. there is a 5 day grace . did not have any ID on me at time, 3 traffic citations and as I asked questions which in Kansas you are not allowed to do I was charged for interference with law enforcement, look I get pulled over for expired tag give me the ticket the police dont need to know I was coming from Walmart on my way home .

Yes I am going to fight the citation the citation has 3 of the charges as 2515 then other numbers and then a charge under 2514, none of which list the charge so no notice, but the officer can list the state code on the paper work to the court clearly that I had file a KORA which they did not want to give me till I filed a complaint with the Kansas attorney general, then the city and the police gave me the video, police report and other items.

However this does not answer my question how long do the court have to give a person a Arraignment so we are going on 60 days no arraignment and the prosecution states my motion to dismiss cant be heard till after arraignment which is BS. so 150 days does not start till after arraignment so I am in due process limbo the city attorney can send a plea bargain due by the 11/9/22 however my promises to appear was for the 09/28/22 no notice of court for the 9th but if I dont pay 570.00 I face 1 year 6 months in jail and 3400.00 in fines seems fair right.
 

Zigner

Senior Member, Non-Attorney
You were driving an uninsured car with expired registration.

I suspect you are charged with violations of local laws/statutes. What county and city did this occur in?
 
You were driving an uninsured car with expired registration.

I suspect you are charged with violations of local laws/statutes. What county and city did this occur in?
All I want to say is that it is a Kansas Matter, as all city's that I know of act under the the 2022 standard traffic ordinance adopted by Ordinance No. 2534. Yes the car was from Texas and my mother in-law had been in the hospital in Kansas City She had paid for her in insurance online but did not have any paper work and it did not post on the officers check, registration had all so been paid online but had not posted due to a inspection issue that was waived 13 days later. I have sent the registration and insurance information to the court but the officer has me as the owner. and the city still wants 570.00 from me.
 
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.
 

FlyingRon

Senior Member
Just because you corrected the deficiencies doesn't make suddenly innocent of the charges. Even if you could prove that the car was registered/insured/inspected at the time the citation was issued isn't going to be dismissed in advance. You show the proof at the hearing. Further, the fact you don't own the car means nothing. You were operating it and you're required to assure that there is inspection/registration/insurance while you do.

You had 15 days to respond to the ticket (pay or request a hearing). If you didn't do this, you've got no option really at this point but to fork over the money they are demanding. If you did, you should have gotten a hearing date. There isn't going to be any arraignment.
 
Just because you corrected the deficiencies doesn't make suddenly innocent of the charges. Even if you could prove that the car was registered/insured/inspected at the time the citation was issued isn't going to be dismissed in advance. You show the proof at the hearing. Further, the fact you don't own the car means nothing. You were operating it and you're required to assure that there is inspection/registration/insurance while you do.

You had 15 days to respond to the ticket (pay or request a hearing). If you didn't do this, you've got no option really at this point but to fork over the money they are demanding. If you did, you should have gotten a hearing date. There isn't going to be any arraignment.
IN THE SUPREME COURT OF THE STATE OF KANSAS HAS STATED A ARRAIGNMENT IS A REQUIRMENT THAT CAN NOT BE OVER LOOKED.
12-4403. Time of arraignment. Accused persons shall be arraigned:
(a) At the time specified in the notice to appear, or in the appearance bond; or
(b) if no date be specified, then on the earliest date when the court convenes.

History: L. 1973, ch. 61, § 12-4403; April 1, 1974.


The time specified in the notice/ promise to appear 09/28/2022 no ARRAIGNMENT was done. required by law in Kansas
Did request a hearing (requested a hearing for a motion to dismiss) I have 22-3208. Pleadings and motions. (4) The motion to dismiss shall be made at any time prior to arraignment or within 21 days after the plea is entered. The period for filing such motion may be enlarged by the court when it shall find that the grounds therefor were not known to the defendant and could not with reasonable diligence have been discovered by the defendant within the period specified herein. A plea of guilty or a consent to trial upon a complaint, information or indictment shall constitute a waiver of defenses and objections based upon the institution of the prosecution or defects in the complaint, information or indictment other than it fails to show jurisdiction in the court or to charge a crime.

Article 44. - CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL 12-4404. Arraignment. Arraignment shall be conducted in open court by stating to the accused person the substance of the charge and calling upon the accused to plead thereto. Arraignment for purposes of accepting plea of not guilty may be accomplished by telephone, mail or appearance by counsel.

One I had no clue that the car was anything but ok,
40-3104. Motor vehicle liability insurance coverage required; prohibited vehicle operation; verification; self-insurance; display of proof of financial security; penalties for failure to maintain financial security; reinstatement fees.
(b) An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of this act.

(c) No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of this act.

In the documentation from the TEXAS DMV the motor vehicle was exempted due to computer issues with in the DMV.
 

Just Blue

Senior Member
IN THE SUPREME COURT OF THE STATE OF KANSAS HAS STATED A ARRAIGNMENT IS A REQUIRMENT THAT CAN NOT BE OVER LOOKED.
12-4403. Time of arraignment. Accused persons shall be arraigned:
(a) At the time specified in the notice to appear, or in the appearance bond; or
(b) if no date be specified, then on the earliest date when the court convenes.

History: L. 1973, ch. 61, § 12-4403; April 1, 1974.


The time specified in the notice/ promise to appear 09/28/2022 no ARRAIGNMENT was done. required by law in Kansas
Did request a hearing (requested a hearing for a motion to dismiss) I have 22-3208. Pleadings and motions. (4) The motion to dismiss shall be made at any time prior to arraignment or within 21 days after the plea is entered. The period for filing such motion may be enlarged by the court when it shall find that the grounds therefor were not known to the defendant and could not with reasonable diligence have been discovered by the defendant within the period specified herein. A plea of guilty or a consent to trial upon a complaint, information or indictment shall constitute a waiver of defenses and objections based upon the institution of the prosecution or defects in the complaint, information or indictment other than it fails to show jurisdiction in the court or to charge a crime.

Article 44. - CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL 12-4404. Arraignment. Arraignment shall be conducted in open court by stating to the accused person the substance of the charge and calling upon the accused to plead thereto. Arraignment for purposes of accepting plea of not guilty may be accomplished by telephone, mail or appearance by counsel.

One I had no clue that the car was anything but ok,
40-3104. Motor vehicle liability insurance coverage required; prohibited vehicle operation; verification; self-insurance; display of proof of financial security; penalties for failure to maintain financial security; reinstatement fees.
(b) An owner of an uninsured motor vehicle shall not permit the operation thereof upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of this act.

(c) No person shall knowingly drive an uninsured motor vehicle upon a highway or upon property open to use by the public, unless such motor vehicle is expressly exempted from the provisions of this act.

In the documentation from the TEXAS DMV the motor vehicle was exempted due to computer issues with in the DMV.
Your post has been reported for vulgar and abusive language. Go pay an attorney.
 

stealth2

Under the Radar Member
What happens in other states is completely irrelevant. Your options remain - pay up, retain a lawyer (*), or fight it on your own.

(*) If you present yourself to the lawyers you contacted as you have here? It explains the high retainers. No one wants to deal with a know-it-all.

I suspect you're reached the end of your assistance here if you were rude/vulgar to a Senior Member. Make it a great day.
 

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