22-3206.
Time of arraignment.
(1) A defendant charged with a felony in an information shall appear for arraignment upon such information in the district court not later than the next required day of court after the order of the magistrate binding over the defendant for trial, unless a later time is requested or consented to by the defendant and approved by the court or unless continued by order of the court.
(2) A defendant charged with a felony in an indictment shall appear for arraignment upon such indictment in the district court not later than the next required day of court after arrest upon a warrant issued on the indictment, unless a later time is requested or consented to by the defendant and approved by the court or unless continued by order of the court.
(3) If the preliminary examination is waived, arraignment shall be conducted at the time originally scheduled for the preliminary examination if a judge of the district court is available, subject to assignment pursuant to K.S.A. 20-329, and amendments thereto, to conduct the arraignment.
(4) The district judges in every judicial district shall provide by order for one or more required days of court each month in each county of the district, at which time a district judge will be personally present at the courthouse for the purpose of conducting arraignments.
History:
L. 1970, ch. 129, § 22-3206; L. 1972, ch. 121, § 1; L. 1976, ch. 163, § 16; am. by Supreme Court (order dated December 5, 1980); L. 1986, ch. 115, § 63; L. 1999, ch. 159, § 6; July 1.
Notes of Decisions
Cited in
5
cases, 1979–2011 · leading case:
State v. Thomas, 246 P.3d 678 (Kan. 2011).
State v. Thomas, 246 P.3d 678 (Kan. 2011).
· cites it 5× “She cites K.S.A. 22-3206(3) in support. She argues that her speedy trial right was violated because the trial was more than 180 days from the day "she should have been arraigned.”
State v. Donesay, 959 P.2d 862 (Kan. 1998).
· cites it 2× “22-3205(a), and K.S.A. 22-3206(1). K.S.A. 22-2902(6) provides, in part: “The complaint or information, as filed by the prosecuting attorney .”
State v. Taylor, 594 P.2d 262 (Kan. Ct. App. 1979).
· cites it 2× “The defendant is then arraigned, not later than the next required day of court which occurs ten or more days after the order of the magistrate binding the defendant over for trial, unless a later time is approved or ordered by the court.”
In re D.E.R., 225 P.3d 1187 (Kan. 2010).
“See K.S.A. 22-3206(1); K.S.A. 22-2902(7). In addressing the statutory requirements, the State focuses on the Juvenile Code, pointing out that it contains no specific provision for a preliminary hearing, except perhaps where the juvenile is subjected to an adult prosecution or an…”
In Re Der, 225 P.3d 1187 (Kan. 2010).
“See K.S.A. 22-3206(1); K.S.A. 22-2902(7). In addressing the statutory requirements, the State focuses on the Juvenile Code, pointing out that it contains no specific provision *1191 for a preliminary hearing, except perhaps where the juvenile is subjected to an adult prosecution…”
— K.S.A. § 22-3206(1) — 4 cases
State v. Donesay, 959 P.2d 862 (Kan. 1998).
“22-3205(a), and K.S.A. 22-3206(1). K.S.A. 22-2902(6) provides, in part: “The complaint or information, as filed by the prosecuting attorney .”
State v. Taylor, 594 P.2d 262 (Kan. Ct. App. 1979).
“The defendant is then arraigned, not later than the next required day of court which occurs ten or more days after the order of the magistrate binding the defendant over for trial, unless a later time is approved or ordered by the court.”
In re D.E.R., 225 P.3d 1187 (Kan. 2010).
“See K.S.A. 22-3206(1); K.S.A. 22-2902(7). In addressing the statutory requirements, the State focuses on the Juvenile Code, pointing out that it contains no specific provision for a preliminary hearing, except perhaps where the juvenile is subjected to an adult prosecution or an…”
In Re Der, 225 P.3d 1187 (Kan. 2010).
“See K.S.A. 22-3206(1); K.S.A. 22-2902(7). In addressing the statutory requirements, the State focuses on the Juvenile Code, pointing out that it contains no specific provision *1191 for a preliminary hearing, except perhaps where the juvenile is subjected to an adult prosecution…”
— K.S.A. § 22-3206(3) — 1 case
State v. Thomas, 246 P.3d 678 (Kan. 2011).
“She cites K.S.A. 22-3206(3) in support. She argues that her speedy trial right was violated because the trial was more than 180 days from the day "she should have been arraigned.”
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