This information should not be construed as providing legal advice. If you have any questions or concerns, please consult with an attorney. Rose Hill court clerks, prosecutors or the judge cannot give you legal advice.
Under Kansas law, you can be brought to trial only after a complaint or traffic citation has been filed with the court. In a trial, the burden of proof is on the city to prove you are guilty of the charges outlined in the complaint or citation.
You have the right to be represented by an attorney or you may appear 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.
Your right to appeal
If you have been found guilty of violating a city ordinance, you may appeal the decision to the District Court of Butler County, Kansas in El Dorado 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 people). If you are convicted on appeal, the District Court judge may assess penalties less than, equal to, or greater than those imposed by Rose Hill 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 Rose Hill Municipal court clerks 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 gives you the date, time and place of your first appearance in the Butler 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 Rose Hill Municipal Court for execution on the fine and/or sentence initially imposed.