by admin | May 13, 2021 | Criminal Procedure, Kansas
(a) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the county or district attorney shall consider at least the following factors among all factors considered: (1) The nature of the...
by admin | May 13, 2021 | Criminal Procedure, Kansas
(1) After a complaint has been filed charging a defendant with commission of a crime and prior to conviction thereof, and after the district attorney has considered the factors listed in K.S.A. 22-2908, if it appears to the district attorney that diversion of the...
by admin | May 13, 2021 | Criminal Procedure, Kansas
As used in K.S.A. 22-2907 through 22-2911, and amendments thereto:(a) “District attorney” means district attorney , county attorney or attorney general.(b) “Complaint” means complaint, indictment or information.(c) “Diversion” means...
by admin | May 13, 2021 | Criminal Procedure, Kansas
(1) When a defendant is bound over to a district judge for trial, the prosecuting attorney shall file an information in the office of the clerk of the district court, charging the crime for which the defendant was bound over. If the complaint is in proper form,...
by admin | May 13, 2021 | Criminal Procedure, Kansas
The magistrate may cause a record of the proceedings to be made and should do so when requested by the prosecuting attorney or the defendant or his counsel at least 48 hours prior to the time set for preliminary examination. The cost of preparation of such record...
by admin | May 13, 2021 | Criminal Procedure, Kansas
During the examination of any witnesses or when the defendant is making a statement or testifying the magistrate may, and on the request of the defendant or state shall, exclude all other witnesses. He may also cause the witnesses to be kept separate and to be...
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