Section 22-3209 – Pleas; effect

by | May 13, 2021 | Criminal Procedure, Kansas

(1) A plea of guilty is admission of the truth of the charge and every material fact alleged therein.(2) A plea of nolo contendere is a formal declaration that the defendant does not contest the charge. When a plea of nolo contendere is accepted by the court, a...

Section 22-3208 – Pleadings and motions

by | May 13, 2021 | Criminal Procedure, Kansas

(1) Pleadings in criminal proceedings shall be the complaint, information or indictment, the bill of particulars when ordered, and the pleas of not guilty, guilty or with the consent of the court, nolo contendere. All other pleas, demurrers and motions to quash are...

Section 22-3207 – Misnomer

by | May 13, 2021 | Criminal Procedure, Kansas

(1) If a defendant be charged or prosecuted by a wrong name, unless he declare his true name before pleading he shall be proceeded against by the name in the complaint, information or indictment.(2) If the defendant states that another name is his true name, it shall...

Section 22-3206 – Time of arraignment

by | May 13, 2021 | Criminal Procedure, Kansas

(1) A defendant charged with a felony in an information shall appear for arraignment upon such information in the district court not later than the next required day of court after the order of the magistrate binding over the defendant for trial, unless a later time...

Section 22-3205 – Arraignment

by | May 13, 2021 | Criminal Procedure, Kansas

(a) Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto. The defendant shall be...