How a Criminal Case Works in Kansas
This page is a general, plain-language overview. The sequence, terminology, deadlines, and rights can differ based on the charge, age of the accused, custody status, court orders, waivers, and other law. It is not legal advice. If you are charged with a crime, consult a private attorney or ask the court about appointed 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 many felony cases, a defendant has a preliminary hearing unless it is waived or an exception applies. The prosecutor presents evidence, and the judge decides whether there is probable cause to believe a felony was committed and the defendant committed it. If the required showing is made, the case is bound over for arraignment.
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 obtain discovery and disclosures required by law, rule, and court order. The material and timing depend on the case. Either side may file motions asking the court to resolve evidentiary, procedural, or other legal issues.
7. Trial
If the case is not otherwise resolved, it may proceed to a jury or bench trial as the law and any valid waiver allow. The State bears the burden to prove every charged offense beyond a reasonable doubt. The precise trial rights and procedures depend on the case.
8. Sentencing
If the defendant is convicted, the judge imposes sentence under the law applicable to the offense and the defendant. Victims may have rights to notice, participation, restitution information, and victim-impact information. Victims in a case prosecuted by this office should review our Victim Resources page and contact the office for current instructions.
9. Appeals
Appellate and post-judgment rights, deadlines, and procedures vary. A person seeking legal advice about review of a conviction or sentence should promptly consult qualified counsel.
Last reviewed July 11, 2026.