Under Kansas law, a person can be brought to trial only after a complaint or traffic citation has been filed with the court. The complaint or traffic citation is a document which alleges the action of which the defendant is accused and that the action is unlawful.

In a trial, the burden of proof is on the city to prove that the defendant is guilty of the charges outlined in the complaint or citation. You have the right to be represented by an attorney or you may appear pro se. Pro se indicates you choose to act as your own attorney.

Jury trials are not held at the Municipal Court level. A judge will hear all testimony, reach a verdict and impose a sentence. Any fines and fees assessed on your case are due the day of your trial.

Your right to appeal
If you have been found guilty in Lenexa Municipal Court of violating a city ordinance(s), you may accept the judgment by paying the fine, serving your sentence, and/or going on probation. Or you may appeal the decision to the District Court of Johnson County, Kansas in Olathe. The appeal is for a new trial on the original complaint. Your case will be tried to a judge or, in some cases, you may request a jury trial of six persons. If you are convicted on appeal, the District Court Judge may assess penalties less than, equal to, or greater than those imposed by the Municipal Court.

In order to appeal, you must properly file a Notice of Appeal, serve a copy on the City Attorney and post the required appearance bond with the Lenexa Municipal Court Clerk within 14 days from the date of the judgment (see K.S.A. 22-3609 and K.S.A. 22-3610).

Your appearance bond receipt sets forth the date, time and place of your first appearance in the Johnson County District Court. If you fail to appear at that time or at any time during the course of your appeal, your bond will be forfeited, your appeal will be dismissed, and the case will be returned to the Lenexa Municipal Court for execution on the fine and/or sentence initially imposed.

You also have the right to have your conviction and/or arrest expunged or removed from your criminal records after the passage of a certain number of years. Most city ordinance violations can be expunged after three years following the expiration of the sentence, probation or diversion period (K.S.A. 12-4516). The following convictions require a 5 year waiting period: Driving While Suspended, No Proof of Insurance, Fail to Stop at Scene of Accident and Perform Duties Required. DUI is no longer a violation that can be expunged. The fee to petition for expungement is $200.

This information should not be construed as providing legal advice. If you have any questions or concerns regarding this information, please consult with an attorney. The Court Clerk, Prosecutor and Judge cannot give you legal advice.