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1. If I pay my fine, do I still have to come to Municipal Court?

If your ticket has a specified fine amount, you do not have to appear in Court if you pay the fine and court costs on or before the court date on the ticket. If your ticket says “Must Appear”, then you cannot pay your fine in advance and you must appear in court on the date indicated on the ticket.

Failure to comply with the citation and/or pay fines and costs may result in the issuance of an arrest warrant and/or the suspension of your driving privileges, in addition to your case being turned over to collections.

2. How do I pay a municipal court fine and court costs?

If the back of your ticket contains the specific amount of the fines/costs, you can pay the full amount in one of three ways:
1. In person at the Municipal Court:
123 S Main Street
Fort Scott, KS 66701

2. By mail:
Municipal Court
P. O. Box 151
Fort Scott, KS 66701

3. Online with a debit/credit card

You may enter a plea if you wish on the back of the ticket and mail the ticket with your check or money order payable to Municipal Court. You must also pay the court costs for your citation even if you do not appear in Municipal Court. If you have appeared in court and the Judge imposed a fine and court costs in your case, the Judge will set a payment deadline.
Municipal Court Online Payments

3. How are the Municipal Court fines and court costs set?

The fines are set by City Ordinance and the court costs are set by charter ordinance and are assessed for the Municipal Court’s administrative costs as well as costs required by the State of Kansas.

4. What happens at arraignment?

An arraignment is the first time you appear in Court to answer to the charge(s) against you. In most cases, the arraignment date and time is specified at the bottom of your citation. At your arraignment the Court will handle a docket of many cases.

5. What is a plea?

A plea is an answer to the charges against you. You must enter a plea of Guilty, No Contest or Not Guilty.
- A “Guilty” plea means that you admit that you committed the offense(s).
- A “No Contest” plea means that you do not want to contest the charges. You are not admitting guilty, but you are allowing the Judge to find you guilty.
- A “Not Guilty” plea means that your case will be set for trial and the City will be required to prove that you committed the offense(s) beyond a reasonable doubt.

6. What happens at trial?

If you enter a plea of “Not Guilty,” your case will be scheduled for a trial. At trial the City has the burden to prove that you are guilty beyond a reasonable doubt. The City Prosecutor will call witnesses to testify against you, and you will have the right to cross-examine each witness. You are also allowed to call witnesses or testify on your own behalf.

After all the evidence is presented, the Municipal Court Judge will enter a finding of guilty or not guilty. There are no jury trials in Municipal Court. You have the right to have an attorney represent you at trial, but you are not required to have an attorney. If you represent yourself, you are a “pro se” defendant.

7. What happens at sentencing?

In most cases, the Judge will impose your sentence upon entering a plea of Guilty or No Contest at arraignment or immediately following a conviction at trial. Depending on the offense(s), the Judge may impose fines and fees and/or possible jail time.

8. Can I speak to a City Prosecutor about my case?

If you are not represented by an attorney, you have an opportunity to speak with the City Prosecutor before your appearance date by coming into court early or by email at tmcelroy@fscity.org. The Prosecutor has no obligation to discuss your case with you, although the City Prosecutor will do so in most cases. If you are represented by an attorney, the Prosecutor must discuss your case with your attorney.

9. Can I have an attorney represent me in court?

You have the right to representation by an attorney in all Municipal Court cases. If you are charged with an offense that carries the possibility of jail time, you have to have an attorney. You must hire your own attorney, unless the Municipal Court Judge appoints one for you.

10. Can I appeal the Judge’s decision?

You have the right to appeal the conviction to the District Court. You must file a written Notice of Appeal with the Municipal Court within 14 days of your conviction. When you file your written Notice of Appeal, you must also post an appeal bond.

11. Can I change my arraignment date?

If you call before your scheduled arraignment date, the Court Clerk may grant a one-time continuance of your arraignment date, as set on your traffic ticket. The continuance will be for an arraignment date within one week of your current arraignment date. Municipal Court Clerk

12. What happens if I missed my second court date?

The Judge may have issued a warrant for your arrest due to your failure to appear in court. The State that issued your driver’s license may have also suspended your driving privileges. You should immediately call the Court at 620-223-0550 to ask about the status of your case.

13. I received a ticket for No Proof of Liability Insurance for the vehicle I was driving. What are my options?

If you had insurance coverage on the vehicle at the time the ticket was issued, you may bring proof of such coverage to the Court Clerk on or before your arraignment date. If you did not have insurance on the vehicle at the time the ticket was issued, you must appear in court on your arraignment date. Municipal Court Clerk

14. Can I get a diversion of any charge(s) against me?

A diversion is an agreement between you and the City Prosecutor related to the disposition of the charge(s). A diversion agreement allows you to avoid a conviction on your driving record, if successfully completed. You must call the City Prosecutor’s at 620-223-0550 and their office will send you the diversion application form.

You may be required to pay fines, fees, attend classes or counseling, depending on the type of diversion. If you comply with the terms of the diversion agreement, the charges against you will be dismissed. If you do not comply, the City may revoke your diversion and proceed with prosecution.