Arraignment

22-3205. Arraignment. (a) Arraignment shall be conducted in open court and shall consist of reading the complaint, information or indictment to the defendant or stating to the defendant the substance of the charge and calling upon the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before the defendant is called upon to plead. Except as provided in subsection (b), if the crime charged is a felony, the defendant must be personally present for arraignment; if a misdemeanor, with the approval of the court, the defendant may appear by counsel. The court may direct any officer who has custody of the defendant to bring the defendant before the court to be arraigned. (b) Arraignment may be conducted by two-way electronic audio-video communication between the defendant and the judge in lieu of personal presence of the defendant or the defendant's counsel in the courtroom in the discretion of the court. The defendant may be accompanied by the defendant's counsel during such arraignment. The defendant shall be informed of the defendant's right to be personally present in the courtroom during arraignment. Exercising the right to be present shall in no way prejudice the defendant. (c) The court shall ensure that the defendant has been processed and fingerprinted pursuant to K.S.A. 21-2501, and 21-2501a and amendments thereto. History: L. 1970, ch. 129, § 22-3205; L. 1989, ch. 98, § 2; L. 1993, ch. 291, § 191; July 1. Source or Prior Law: 62-1302, 62-1303, 62-1305, 63-301. Law Review and Bar Journal References: "Criminal Procedure Survey of Recent Cases, Kansas Issue," 52 K.L.R. 771 (2004). CASE ANNOTATIONS 1. Requirement for formal arraignment and plea waived by defendant. State v. Jakeway, 221 Kan. 142, 143, 558 P.2d 113. 2. Conviction hereunder affirmed; element of intent inferred from circumstantial evidence; defendant convicted as principal in the commission of six felonies; abuse of judicial discretion in sentencing. State v. Goering, 225 Kan. 755, 757, 758, 594 P.2d 194. 3. Section mentioned in general discussion of commencement of prosecutions and right to speedy trial. State v. Taylor, 3 Kan. App. 2d 316, 320, 594 P.2d 262. 4. Cited in determination that no merit to argument that convictions should be reversed since defendants were never arraigned. State v. Cutshall, 4 Kan. App. 2d 240, 241, 604 P.2d 288. 5. Where defendant knows and understands nature of charge, failure to furnish defendant with copy of indictment of information at arraignment does not vitiate plea. Poore v. State, 5 Kan. App. 2d 210, 613 P.2d 963. 6. Libel suit, court not required to enter plea in criminal case. Gobin v. Globe Publishing Co., 229 Kan. 1, 4, 620 P.2d 1163. 7. Cited; under facts, appearance on initial O.R. bond where no complaint is filed is not an arraignment. State v. Rosine, 233 Kan. 663, 668, 664 P.2d 852 (1983). 8. Where information fails to meet factual basis requirement, defendant denied due process and right to be informed. State v. Snyder, 10 Kan. App. 2d 450, 458, 701 P.2d 969 (1985). 9. Arraignment effectively waived where trial held without objection and question of guilt submitted to jury. State v. Huber, 10 Kan. App. 2d 560, 562, 704 P.2d 1004 (1985). 10. Cited; instruction and conviction upon theory not in information or brought before court as denial of due process examined. State v. Jones, 242 Kan. 385, 397, 748 P.2d 839 (1988). 11. Cited; computation of speedy trial time where misdemeanor charges dismissed then refiled examined. City of Derby v. Lackey, 243 Kan. 744, 763 P.2d 614 (1988). 12. Authority of defendant, with court's approval, to appear by counsel at misdemeanor arraignment noted. State v. Smith, 247 Kan. 455, 459, 799 P.2d 497 (1990). 13. Court correctly dismissed information lacking sufficient specificity to inform defendant of charges to defend against. State v. Garrison, 252 Kan. 929, 935, 850 P.2d 244 (1993). 14. Defendant given proper notice by state of intention to seek hard 40 sentence; "at time of arraignment" construed. State v. Allison, 259 Kan. 25, 33, 910 P.2d 817 (1996). 15. Dismissal reversed and arraignment ordered where de novo review showed probable cause that defendant sold drugs. State v. Harris, 266 Kan. 610, 615, 975 P.2d 227 (1999). 16. A district magistrate judge has jurisdiction to conduct felony arraignments and accept pleas. State v. Valladarez, 288 Kan. 671, 206 P.3d 879 (2009). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026