Kansas Statutes 12-4209. Warrants or notices to appear; when issued; limitations
Terms Used In Kansas Statutes 12-4209
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The city attorney shall cause a notice to appear to be issued, except that, if requested by the city attorney, a warrant for the accused shall be issued if the municipal judge finds from the complaint, or from an affidavit or affidavits filed with the complaint or from other evidence that there is probable cause to believe both that a crime has been committed and that the defendant has committed such crime.
(b) More than one warrant or notice to appear may be issued on the same complaint.
(c) If a defendant fails to appear in response to a notice to appear, a warrant shall be issued.
(d) Affidavits or sworn testimony in support of the probable cause requirements of this section shall not be made available for examination without a written order of the municipal judge, except that such affidavits or testimony, when requested, shall be made available to the defendant or the defendant’s counsel for such disposition as either may desire.
(e) No warrant shall issue for an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction.