Municipal Court

Basehor Municipal Court 2620 N. 155th Street P.O. Box 420 Basehor, KS 66007 913-724-1370 ext. 30 913-724-3102 (Fax)

The City of Basehor Municipal Court is held the second Tuesday of each month at 1:00 p.m., the Honorable Judge William Pray presiding. Any questions regarding court matters should be directed to the Basehor Municipal Court Clerk at 913-724-1370 ext. 30 or pdmcclerk@basehorpolice.org.

THE CITY OF BASEHOR NO LONGER ACCEPTS CASH FOR PAYMENT OF FEES
CHECK OR MONEY ORDER ONLY

You may pay your ticket or citation at the Police Department between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday or by clicking on www.basehorstix.com. There is a minor fee for this service.

Your Rights in Municipal Court

Your presence in Basehor Municipal Court is perhaps your first experience in any court. This information has been prepared to help you understand the court proceedings and to inform you of your rights and duties. We want every person to leave this court feeling that he or she has been treated fairly.

Municipal Court is the judicial branch or City Government. Traffic violations and violations of City Ordinance are tried in the Municipal Court, and upon conviction a fine will be assessed by the Judge and a possible jail term imposed.

Trials are conducted under the Code of Criminal Procedure, Code for Municipal Courts and the Kansas Rules of Evidence as adopted by the Kansas Legislature.

 Appearance in Court
     
When you appear in Court you will be required to obey the following rules:
1. Appropriate clothing and shoes will be worn.
2. The wearing of hats or caps is not allowed.
3. Food and drinks are not allowed in the courtroom.
4. While court is in session, talking is not allowed, except authorized personnel.
5. There will be no cell phones or pagers in use during court. ALL CELL PHONES AND PAGERS MUST BE EITHER TURNED OFF OR SET TO VIBRATE.
6. NO WEAPONS allowed in court.
7. If under 18 you must have a parent or guardian present.

Persons in violation may be required to surrender said item to the court and shall be returned to the rightful owner as directed by the Judge.

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 Before Court Begins

You must decide upon and enter a plea to the charge against you. If you signed a citation in front of an officer, you did not plead guilty, you only signed a promise to appear in court on your appearance date.
      There are three possible pleas:
        1. "Guilty"
        2. "Not Guilty"
        3. "No Contest"
YOUR DECISION ON WHAT PLEA YOU ENTER IS THE MOST IMPORTANT DECISION THAT YOU WILL HAVE TO MAKE. WE SUGGEST THAT YOU READ EXPLANTIONS BEFORE ENTERING YOUR PLEA.

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 The Trial

Under Kansas Law, you can be brought to trial only after a complaint or traffic citation(s) has been filed. The complaint or citation is a document which alleges what you are supposed to have done and that your actions were unlawful.

1. You have a right to inspect this complaint before trial.
2. You DO NOT have the right to have your case tried before a jury in Municipal Court.
3. You are entitled to hear all testimony introduced again you.
4. You have a right to testify in your own behalf. You also have a constitutional right not to testify. If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence. However, if you choose to testify, the prosecutor will have the right to cross-examine you.
5. You may call witnesses to testify in your own behalf. You also have the right to have the court issue subpoenas for witnesses to ensure their appearance at trial. However, you must furnish the names, addresses and telephone numbers of the witnesses to the court at least 10 working days before your trial date, so that the witness may be served. The court will only serve subpoenas with the City; any service outside the City will be your responsibility.

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 Presenting Your Case

As in all trials, the City will present its case first by calling witnesses to testify against you.

After each of the prosecution's witnesses has finished his/her testimony, you will have the right to cross-examine him/her. Your examination must be in the form of questions and you must not argue with the witness. Do not attempt to tell your side of the story at this time. You will have an opportunity to do so later in the trail.

After the prosecution has presented its case, you may present your case. YOU have the right to call any witness who know anything about the incident and to introduce exhibits such as photographs and diagrams.

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 The Verdict

The verdict of the Judge will be based on the testimony which sounds most reasonable and on the facts presented during the trial. In making the determination the Judge can consider testimony of the witness who are under oath.

If you are found not guilty by the Judge the case is closed and you will owe no fines.

If you are found guilty by the Judge, the Judge will announce the penalty at the time. You should be prepared to pay the fine at the time. However, you may be granted an extension of 10 working days to appeal the ruling of the Judge.

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 Right to Appeal

If you are not satisfied with the judgment of the Court, you have the right to appeal your case to the Leavenworth County District Court. If you do appeal the Judges judgment, you must file a written notice of appeal with the Clerk of the District Court. The appeal must be filed within 10 days of the date of judgment.

After filing your appeal you will be assigned a new court date to appear in the Leavenworth County District Court for a new arraignment date. After arraignment another date will then be scheduled for a completely new trial before a different Judge or jury in the Court.

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 Fines

The amount of fine(s) assessed by the Court is affected by the facts and circumstances of the case. Mitigating circumstances may lower the fine(s), even if you are guilty. However, aggravated circumstances may increase the fine(s). All fines are assessed by the Judge.

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 Accident Cases

The Municipal Court has no jurisdiction over damages caused by an auto accident. Settlement of damages is a matter for a Civil Court to decide and in order to recover for any damages you will have to file a separate civil suit in another Court. Municipal Court hears only criminal misdemeanor cases in violation of city ordinances.

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 State Fees

Effective July 1992, the State of Kansas has ordered the Municipal Courts to collect a fee on each case that involves a moving violation, criminal charge or violation of city ordinance. The fee is forwarded to the State of Kansas and goes to the Law Enforcement Training Center Fund.

There is also a fee for the Judicial Education Fund. Because of the two orders the City is required to collect this fee which is forwarded to the State of Kansas.

These fees are factored into your fine amount.

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