Prosecution Frequently Asked Questions

What kinds of cases are prosecuted in the Olathe Municipal Court?
All violations of the Olathe Municipal Code are prosecuted.  These include traffic offenses, ordinance violations, misdemeanors and City code violations.

Where can I obtain a copy of the Olathe Municipal Code?
View the Olathe Municipal Code.

How can I report a crime or have charges filed?
The first step is to file a report with the Olathe Police Department.  Following any necessary investigation, the police and prosecutors will determine what charges, if any, should be filed and take the appropriate action regarding your complaint.

How can I contact a Prosecutor or receive information regarding the Prosecutor's Office?
The number for the Prosecutor's Office is 913-971-6742.  The office staff is trained to answer many of your questions.  You may also make an appointment to speak with one of the prosecutors.  Walk-ins will be assisted as quickly as possible once a prosecutor is available.

Will the prosecutor provide me with legal advice concerning my case?
Generally, no.  The prosecutors represent the City of Olathe and its departments and officials as a whole, rather than individual citizens.  Normally, individuals must retain their own attorneys for legal advice and representation.  The prosecutors, however, will assist you in understanding the charges which have been brought against you, your options in pursuing the case and potential penalties which may be imposed.

Are there other options besides entering a guilty plea or pleading not guilty and going to trial?
Yes.  The most common of these, although not the only option available, are the diversion programs offered by the Prosecutor's Office to first time offenders for the type of crime charged.  Diversions are available for student traffic offenses, no liability insurance violations, DUI and other alcohol offenses, drug offenses, and a wide variety of criminal charges such as theft, criminal damage to property and battery.  Diversion may also be offered for certain animal and code enforcement violations.  Diversions are a privilege and the prosecutors will consider such factors as the nature of the crime and your criminal history in determining whether you are an appropriate diversion candidate.  Questions regarding diversions or other available options for disposition of your case should be directed to the Prosecutor's Office at 913-971-6742.

Am I entitled to a public defender?
If the prosecutors are seeking jail time in the resolution of your case and if you meet financial guidelines which have been established by the state and the court, a public defender may be appointed to assist you.  Applications for a public defender are available in the courtroom and may be completed when you appear on your court date.  A $100 fee will normally be assessed for the services of a public defender.

How can I obtain a copy of the police report in my case?
Automobile accident reports are available at Police Accident Reports.  Request for Discovery forms are available at the Prosecutor's Office reception desk to order a copy of the police report in other types of cases.  A processing fee for the report is payable through the Olathe Municipal Court.  Please be aware that information regarding ongoing criminal investigations may be confidential and not available for release.

I believe there may be evidence available to assist me in preparing my defense, such as a video or audio tape.  How can I obtain copies of this evidence?
You may file a Request for Discovery with the Prosecutor's Office.  Forms are available at the Prosecutor's reception desk for your use.  The prosecutor will then obtain the requested items, if available, from the Olathe Police Department.  There is a fee, payable through the Municipal Court, for the Police Department services in preparing the requested discovery.

I am the victim of a crime or accident which occurred in Olathe.  Are services available to assist me?
The Prosecutor's Office has a Victim Assistance Program.  The Coordinator can advise you regarding resources available to you and assist you in completing an impact statement, obtaining evidence and filing for restitution and no contact orders among other services.  If requested, the Coordinator will also keep you advised regarding the status of your case, assist you in preparing for court and in speaking to the judge at appropriate hearings.  An information packet is mailed by the Coordinator to all victims of cases filed in the Olathe Municipal Court.  The Victim Assistance Coordinator's number is 913-971-7726.

I am a witness to a crime or accident which occurred in Olathe.  Are services available to assist me?
If charges for the crime or accident are filed in the Olathe Municipal Court, the Victim Assistance Coordinator also serves as the Witness Coordinator.  The Coordinator can advise you regarding the status of your case, prepare you for trial, and answer your questions regarding the legal process.  If you are threatened in connection with the case, immediately contact the Olathe Police Department.

If I am having a dispute with a neighbor, friend, landlord, tenant, merchant, consumer or other party in the City of Olathe, but prefer not to bring criminal charges or no crime has occurred or charges are currently pending in the Olathe Municipal Court, is any assistance available through the Prosecutor's Office?
Yes, the Community Mediation Program may be appropriate to assist you and the other party to reach a voluntary and mutually satisfactory agreement to settle the dispute.  A trained, experienced mediator approved by the Kansas Supreme Court will be provided to assist the parties in reaching a positive resolution of the issues.  For further information, you may contact the Olathe Community Mediation Program at 913-971-7736.

Whom should I talk to regarding an outstanding warrant, missed court date or inability to appear on my upcoming assigned court date?
You may contact the Olathe Municipal Court at 913-971-7564.  In most cases, a personal appearance before the judge will be necessary to resolve these issues.

What is a subpoena?
A subpoena is a court order that requires you to appear in court on a specified date and time, usually because you are a victim or witness in a case.  Failure to comply with the subpoena may result in the judge holding you in contempt and issuing a warrant for your arrest.

Whom should I talk to regarding a subpoena to appear for a trial or hearing?
Please contact the Victim-Witness Coordinator at 913-971-7726.

What if I want to have charges I caused to be brought against another party dismissed?
You should call 913-971-6742 and request an appointment with a prosecutor.  Following your meeting with the prosecutor, you will be given the opportunity to complete a prosecution waiver request.  You should be aware, however, that the decision as to whether to "drop the charges" resides solely with the prosecutor, who will consider such factors as the defendant's criminal history, the risk to other citizens, possible witness intimidation and applicable laws.

I disagree with the municipal judge's finding in my case. Can I have another judge and/or a jury hear the case?
Convictions of most, but not all, violations charged in the Olathe Municipal Court may be appealed to the Johnson County District Court.  A new judge will hear the case without reference to any previous findings.  Request for a jury may be made where authorized by statute.   Because appeals must be filed within 10 days of sentencing in the Municipal Court, you will need to obtain the appropriate form and post the required bond with the Olathe Municipal Court Clerk's Office within that time frame to perfect your appeal.

I would like to have a prior arrest or conviction expunged from my criminal history.  How can I accomplish this?
The Olathe Municipal Court Clerk's Office has forms available for your use in requesting an expungement.  There is a fee for filing this request. If you have questions as to whether you are eligible to request an expungement, you may contact a prosecutor at 913-971-6742.  Once a request is filed, a prosecutor will review your criminal history, the nature of the case, the applicable statutes and other relevant factors, and make a determination whether to recommend the expungement.  If the prosecutor denies your request, you may set the matter for hearing before the Municipal Court judge.

Are all crimes which occur in the City of Olathe filed in the Olathe Municipal Court?
No, many crimes are filed in the Johnson County District Court.  These include, but are not limited to, most juvenile matters, felonies, most domestic violence cases, bad check cases and small claims cases.

How can I tell where my charges are filed?
The simplest way is to look at the back of your citation for this information.  If you are still unsure, you may call either the Olathe Municipal Court Clerk's Office at 913-971-7564 or the Johnson County District Court at 913-715-5000 for further information.

What if I have questions which are not addressed here?
Please call the Prosecutor's Office at 913-971-6742 and we will make every effort to either answer your questions or direct you to the appropriate source.