The City of Ellinwood Municipal Court is a limited jurisdiction court, authorized by City Ordinance with jurisdiction to adjudicate violations of the City Code.
Municipal Court Judge Charles Pike, appointed by City Council, presides over misdemeanor cases such as battery, theft, driving while suspended, no insurance and criminal damage. Judge Pike also hears cases involving environmental, building code and nuisance violations, as well as traffic infractions.
No Proof of Insurance
If you have received a no proof of insurance citation, please present valid proof to Ellinwood Municipal Court within 10 days of the date of arrest or of issuance of the citation. The proof of insurance must have been valid on the date the citation was issued. Failure to respond within 10 days could result in additional fees being assessed.
Preparing for Court
Appearing in Court
The length of the session is determined by the number of people on the court docket. First Appearance cases will begin at 9:00 a.m., followed by review hearings and trials.
Appropriate dress, including shirt and shoes, are required. Hats and sunglasses are not allowed. Please silence cell phones.
Your name will be called during the court session to approach the bench. The Judge will review the charges and explain the possible penalties and ask how you would like to plea.
Plea options are listed below.
Failure to appear for Court will cause a Bench Warrant to be issued for your arrest.
Following your hearing make sure you understand the Judge’s instructions before leaving the courtroom. If you do not understand what was said, ask the judge to explain.
What You Need to Bring
When coming to court, be sure to bring all the information that pertains to your court case(s) with you.
For example, proof of insurance for an insurance charge, proof of a valid Driver’s License for a DL change, or proof of a hospital stay for a missed court date.
- Proper identification (driver’s license or Kansas ID)
- Your copy of the citation
- Appearance letter and/or court documents
- Any receipts regarding your case (i.e., bond receipts, cash bail receipts, etc.)
- Any documents which prove compliance with the judge’s orders and/or sentencing
- Method of payment – cash, check, or credit/debit card; a $1.50 convenience fee will be applied for payments up to $50.00 and a 2.95% will be applied for $50.01 and up
- Provide the court with your current address
Under the following circumstances you may be approved to have your citation dismissed upon payment of court costs:
- Liability Insurance: If you are cited for Failure to Present Proof of Insurance, the citation may be dismissed if you present proof that you had valid insurance at the time you were cited.
- Driver’s License: If you are cited for No Driver’s License in Possession, the citation may be dismissed if you present proof that you had a valid driver’s license on the date of and at the time of the offense.
Right to Counsel and Trial
You are here to answer to a complaint alleging that on a certain date you were in violation of a City of Ellinwood Ordinance.
You have the right to legal representation by an attorney for any case in Municipal Court. If the Judge finds you do not have the financial means to hire an attorney, the Court will appoint an attorney to represent you. You do not have a choice in the selection of the court-appointed attorney. You also have the right to proceed without an attorney and represent yourself or retain your own attorney.
On your first appearance in Court, you may request additional time to consult with an attorney. Upon your request for time to consult with an attorney, the Judge will continue your case to a later date.
If you want a trial and intend to represent yourself, you must sign a form waiving your right to an attorney. At that point, your case will be set for trial. If you desire, you may hire an attorney to represent you.
If you do not want a trial, you may enter a plea at that time, those options are listed below.
A City Prosecutor may speak with defendants who are not represented by counsel. This allows the Prosecutor and the defendant to discuss possible resolutions to a pending case.
Prosecutors are not allowed to speak with defendants who are represented by legal counsel.
Your fine and costs are due at the time of sentencing; however, payment options may be available. Failure to pay may result in an additional court appearance, a bench warrant, suspension of your driver’s license, or state collections.
- Guilty: By pleading guilty you agree that you committed the violation listed in the citation or complaint.
- No Contest: A plea of no contest means you do not want to contest the City’s charge against you. A plea of no contest is not an admission of guilt. Following a plea of no contest, the judge will enter a finding of guilty and order the appropriate sentence.
- Not Guilty: This plea means that you deny any guilt or fault, and the City must prove the charges against you. A trial is scheduled for a later date. The City is required to prove all allegations against you “beyond a reasonable doubt”.
- Trial: If you plead not guilty, a trial will be scheduled. All trials are presided over by a municipal judge. At the trial, the City Attorney will call witnesses to testify against you. Many times, this is the officer or city staff person who signed the charges against you. Pictures or videos of the violation may also be used as evidence against you. You have the right to cross-examine each witness. Once the prosecution has presented its case, you have the right to present witnesses. If a witness will not testify voluntarily on your behalf, you may have the court issue subpoenas to ensure their appearance at trial. You must provide names, addresses, and telephone numbers 14 days in advance. You also have the right to testify on your behalf; however, in doing so the prosecutor has a right to cross-examine you. Choosing not to testify cannot be used against you in determining guilt or innocence. You are presumed innocent. The prosecutor has the sole burden of proving you guilty beyond a reasonable doubt.
- Appeal: If you are found guilty, you have the right to appeal the case to the Barton County District Court. You have 14 days after the sentencing to file a formal Notice of Appeal with the Municipal Court.
If you have been charged with a traffic infraction or specific misdemeanors, you may be eligible to participate in the Traffic Diversion Program ONLY IF:
- You have NOT had a conviction for a moving violation; amendment from a moving to a non-moving violation, or participated in a traffic diversion for a moving violation in this or any other state or municipality within the last six months from the date of issuance of your current citation. If you have previously participated in a traffic diversion program, you must have successfully completed the program prior to receiving your current citation.
- Citations for Speeding will ONLY be accepted for Diversion if the ticket is not more than 25 MPH over the posted speed limit.
- Citations for Speeding in School and Construction Zones will ONLY be accepted for Diversion if the ticket is NOT more than 15 MPH over the posted speed limit.
- You HAVE a valid driver’s license; those with a Commercial Driver’s License are NOT eligible for Diversion.
- You HAVE current liability insurance.
- Your citation did NOT result in or arise out of an accident.
- Diversion applications must be approved by the City Attorney.
The following citations are NOT ELIGIBLE for diversion: Hit and Run, Failure to Report an Accident, Failure to Yield to Emergency Equipment, Exhibition of Speed, Reckless Driving, Evade/Elude police and citations involving more than four (4) violations.
- Court Costs: $58.50
- Jail Fees: $32.00/Day
- Reinstatement Fee: $122.00