Frequently Asked Questions
Q. I received a subpoena to appear in court. Must I appear as directed by the subpoena?
A. Yes for a variety of reasons. You should appear ON or BEFORE the scheduled time you are to appear, dressed appropriately for court. An early arrival is generally a good idea – in addition to traffic and parking delays, everyone must pass through the main security checkpoint. Plan to arrive at the courthouse at least 15-20 minutes ahead of your appointed time to allow for parking, walking to the courthouse, passing through security, and finding the appropriate court room.
Q. How long will my court appearance take?
A. There is no way to make this determination in advance. You should be prepared to wait.
Q. Will the District Attorney’s office file charges for me?
A. No, the District Attorney’s office is not a police or investigative agency. If you feel that you have been the victim of a crime, you should call the local police agency having jurisdiction where you believe a crime was committed. The police investigate your allegations and, if they find evidence to support those allegations, they will sign the appropriate documents, which are then forwarded to the prosecutor's office for review and potential prosecution.
Q. Can I drop charges after I have signed a complaint?
A. While your concerns are important, only an assistant district attorney - with the district attorney’s consent - can dismiss the charges once they are filed.
Q. Why is the State of Kansas involved?
A. Most likely the police were called, completed a police report of the offense, and then filed police reports and an affidavit charging the defendant(s) with a criminal offense. The District Attorney’s Office represents the people of the State of Kansas and prosecutes the case on behalf of the State of Kansas.
Q. As a witness or a victim, do I need a lawyer to appear with me in court?
A. If you are a witness or victim, you don't need an attorney unless you want one. The assistant district attorney assigned to the case will pursue the criminal charges. However, you may retain an attorney if you feel it is necessary to protect your legal rights.
Q. Will the case be continued if I am not there?
A. It is up to the judge assigned to the case. If you fail to appear, and the judge does not permit a continuance, then the case might be dismissed. In addition, the judge has the right to hold you in contempt of court.
Q. I am a witness or victim, what can happen to me if I don t show up for court because I do not want to get involved or testify?
A. A subpoena is an order from the Court ordering you to appear for the scheduled court date. If you refuse to appear, the court does have the power to issue an order for your arrest, and have you held in jail until the time of the trial or hearing.
Q. I am a defendant, what happens if I fail to appear in court?
A. A warrant will be issued for your arrest.
Q. I am a victim, what can I do if a defendant continues to contact me?
A. The court can issue an order that the defendant stay away from you and/or members of your family. If the defendant continues this behavior, call your local police department and advise them of the situation. Additional criminal charges may be appropriate if the behavior persists.
Q. How will I know when the defendant has a court date, what his bond is, where the courtroom is?
A. The Victim Support Unit assists all victims of crime in Johnson County and can provide this information. To call the Victim Support Unit, dial (913) 715-3004.
Q. How long does the defendant have to appeal a conviction?
A. A criminal defendant has 10 days from the date of the sentence to appeal. Every criminal defendant is entitled to an appeal. If the defendant cannot pay a lawyer to handle to appeal, the court will appoint a lawyer, at no cost to the defendant, to represent him or her on the appeal.
Q. What are the chances that the defendant’s conviction will be reversed on appeal? If the conviction is reversed, does that mean a new trial?
A. In the vast majority of cases, the defendant is not successful on appeal. In those few instances in which the appellate court reverses the conviction, it could mean that the case has to go to trial again. In rare cases, the appellate court reverses the conviction and orders the defendant to be discharged from further prosecution.
Q. If the appeal is not successful, what happens next?
A. The defendant can appeal to the Kansas Supreme Court to hear the case. The Kansas Supreme Court, however, will only hear a case if it involves a substantial question. For example, if it is a case of great public interest, life in prison or the case involves the death penalty.
Q. How long does the appeal take?
A. It depends on the complexity of the case. Most cases are decided by the court of appeals within two years following the conviction.
Q. What are the penalties if a defendant is convicted of a felony?
A. There are different degrees of felonies, and Judges must review many factors in rendering a decision to incarcerate an offender.
In general, a convicted felony offender may be sentenced to:
- Penitentiary imprisonment, i.e. sent to prison
- Community corrections, or
- Confinement in the local jail for a period followed by community control (some times referred to as a split sentence).
- Probation
Prison refers to a Penitentiary Institution under the control of the Kansas Department of Corrections. They are located all over the state. Whereas misdemeanor offenders might be sent to jail; felony offenders are more likely to be sent to prison.
Probation is a program whereby offenders may remain free, but are required to fulfill a variety of conditions imposed by the Court or the Probation Department.
The most important condition of any probation sentence is to uphold the laws of the State of Kansas. If an offender violates conditions of probation, he or she may receive a sentence of incarceration on the original charge.
In addition to the regular felonies, there are additional types of felonies for various classifications of Murder, which could result in either life imprisonment or the death penalty.
