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12-4209. Warrants or notices to appear; when issued; limitations. (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.

History: L. 1973, ch. 61, § 12-4209; L. 1984, ch. 39, § 28; L. 1996, ch. 214, § 19; L. 2004, ch. 71, § 3; July 1.

Source or prior law:

13-606, 14-806, 15-506.

Attorney General's Opinions:

Municipal courts; jurisdiction over juveniles charged with cigarette and tobacco infractions. 96-83.

Sheriff may charge cities for the costs of incarcerating prisoners jailed on municipal charges in an amount equal to the costs of incarceration of county prisoners. 2012-10.

CASE ANNOTATIONS

1. Cited; right to speedy criminal trial (K.S.A. 22-3402(2)) extending to appeals from municipal court to district court examined. City of Elkhart v. Bollacker, 243 Kan. 543, 546, 757 P.2d 311 (1988).


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