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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My husband was charged with numerous violations because he

Customer Question

My husband was charged with numerous violations because he ran from the cops into a different county can both counties charge him with the same crime. also do you have a certain amount of time to see the judge he has been sitting in jail for a week and still hasn't seen a judge
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
The charges can only be filed in the county where a crime occurred. If the crime did not occur in the county where the person fled, he cannot be charged with anything.
Once some one is arrested in Kansas, they have to bring them to a court, for an initial hearing/bond "without unnecessary delay"according to the Kansas law as shown below
22-2901. Appearance before the magistrate.
(1) Except as provided in subsection (7), when an arrest is made in the county where the crime charged is alleged to have been committed, the person arrested shall be taken without unnecessary delay before a magistrate of the court from which the warrant was issued. If the arrest has been made on probable cause, without a warrant, he shall be taken without unnecessary delay before the nearest available magistrate and a complaint shall be filed forthwith.
(2) Except as provided in subsection (7), when an arrest is made in a county other than where the crime charged is alleged to have been committed, the person arrested may be taken directly to the county wherein the crime is alleged to have been committed without unnecessary delay or at the request of the defendant he shall be taken without unnecessary delay before the nearest available magistrate. Such magistrate shall ascertain the nature of the crime charged in the warrant and the amount of the bond, if any, endorsed on the warrant. If no warrant for the arrest of the person is before the magistrate he shall make use of telephonic, telegraphic or radio communication to ascertain the nature of the charge and the substance of any warrant that has been issued. If no warrant has been issued, a complaint shall be filed and a warrant issued in the county where the crime is alleged to have been committed, and the nature of the charge, the substance of the warrant, and the amount of the bond shall be communicated to the magistrate before whom the defendant is in custody. Upon receipt of such information, the magistrate shall proceed as hereinafter provided.
And because reference is made to (7) it is as below
(7) If a person is arrested on a warrant or arrested on probable cause without a warrant, pursuant to a violation of subsection (a)(1)(C) of K.S.A. 2014 Supp. 21-5808, and amendments thereto, such person shall not be allowed to post bond pending such person's first appearance in court provided that a first appearance occurs within 48 hours after arrest. The magistrate may fix as a condition of release on the appearance bond that such person report to a court services officer. Nothing in this section shall be construed to be an unnecessary delay as such term is used in this section.
You can copy and paste the below link into a browser to read it
http://kslegislature.org/li_2014/b2013_14/statute/022_000_0000_chapter/022_029_0000_article/022_029_0001_section/022_029_0001_k/
If you have other questions or need clarification post them here, please
Otherwise, I would appreciate a Positive rating as that is how I get credit for my time and information.
Thank you.