Terms Used In Kansas Statutes 22-3436

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:

This section applies if a defendant is charged with a crime pursuant to articles 54, 55 or 56 ofchapter 21 of the Kansas Statutes Annotated, or Kan. Stat. Ann. § 21-6104, 21-6325, 21-6326 or 21-6418 through 21-6422, and amendments thereto.

(a) The prosecuting attorney, as defined in Kan. Stat. Ann. § 22-2202, and amendments thereto, shall: (1) Inform the victim or the victim’s family before any dismissal or declining of prosecuting charges; (2) inform the victim or the victim’s family of the nature of any proposed plea agreement; and (3) inform and give notice to the victim or the victim’s family of the rights established in subsection (b).

(b) The victim of a crime or the victim’s family have the right to be present at any hearing where a plea agreement is reviewed or accepted and the parties may submit written arguments to the court prior to the date of the hearing.