How a Criminal Case Works in Kansas
This page is intended as a plain-language overview of how a criminal case moves through the Kansas court system in Cherokee County. It is general information only and not a substitute for legal advice. If you are charged with a crime, you should consult a private attorney or ask the court to appoint counsel.
1. Investigation
A criminal case begins when law enforcement — the Cherokee County Sheriff's Office, a city police department, the Kansas Highway Patrol, or another agency — investigates a reported crime. Officers gather evidence, interview witnesses, and prepare reports. Once the investigation is complete, the agency may refer the case to the Cherokee County Attorney's Office for review.
2. Charging Decision
When our office receives a case, a prosecutor reviews the investigation to decide whether charges should be filed. The prosecutor considers the evidence, the applicable law, and whether the case can be proven beyond a reasonable doubt. If the prosecutor decides to file charges, a complaint or information is filed in Cherokee County District Court.
3. First Appearance
After charges are filed and the defendant is taken into custody (or summoned), the defendant is brought before a judge for a first appearance. At this hearing, the judge informs the defendant of the charges, advises them of their rights, sets bond, and (if the defendant cannot afford an attorney) addresses appointment of counsel.
4. Preliminary Hearing (Felony Cases)
In felony cases, the defendant is entitled to a preliminary hearing. At this hearing, the prosecutor presents evidence and the judge decides whether there is probable cause to believe a crime was committed and that the defendant committed it. If probable cause is found, the case is bound over for arraignment in district court.
5. Arraignment
At arraignment, the defendant is formally advised of the charges and enters a plea of guilty, not guilty, or no contest. A not-guilty plea moves the case toward pretrial proceedings and trial.
6. Discovery and Pretrial Motions
Before trial, the parties exchange discovery — police reports, witness statements, lab results, and other evidence. Either side may file pretrial motions asking the court to exclude evidence, dismiss charges, or resolve other legal issues. The prosecution must disclose any favorable evidence it has about the defendant under Brady v. Maryland.
7. Trial
If the case is not resolved before trial, it proceeds to trial. The defendant has the right to a jury trial for most charges. At trial, the prosecution must prove the defendant's guilt beyond a reasonable doubt. The defendant has the right to confront witnesses, present evidence, testify (or remain silent), and be represented by an attorney.
8. Sentencing
If the defendant is convicted, the judge imposes a sentence. In felony cases, Kansas uses sentencing grids that take into account the severity of the crime and the defendant's criminal history. Victims have the right to be heard at sentencing and may submit a Victim Impact Statement. The judge may also order the defendant to pay restitution to the victim.
9. Appeals
After sentencing, the defendant may appeal the conviction or sentence to the Kansas Court of Appeals, and in some cases to the Kansas Supreme Court. Appeals are handled by appellate counsel and can take many months to resolve.