This type of citation is a “mandatory-court” citation. These citations and the accompanying police reports are submitted to the Prosecutor for review. The prosecutor may file any charge that he believes is supported by the evidence; he is not bound by the citation. The prosecutor may also decline to file any charge at all.
If the prosecutor files a charge against you, you will receive a notice to appear before the U.S. District Court, which is located at 500 State Avenue, Kansas City, Kansas. Your first appearance is called an initial appearance at which your constitutional rights will be explained, as well as the maximum punishment for the offense. Due to limited court days, this appearance may be approximately two to four months after you were issued a citation.
If you are financially unable to afford an attorney, a public defender may be appointed to represent you. As a matter of policy (which can change at any time), the public defender consults with every defendant.
This type of citation is known as a Central Violations Bureau (CVB) citation and is reserved for the least serious offenses. What this means is that you can pay the fine that is listed on the citation (forfeit collateral) and dispose of this case. By paying the fine, you are admitting to the offense, and depending on the specific offense, that conviction may be reported to your state's Department of Motor Vehicles.
If you do not pay the fine, you will receive a "Notice to Appear." This informal hearing is held at the Office of the Staff Judge Advocate on Fort Leavenworth, and the CVB will schedule that hearing anytime four to six weeks after you received the citation. At that hearing, you can:
- agree to pay the citation
- speak with the Prosecutor and ask that the government amend or dismiss the citation
- contest the citation. If you contest the citation, your case will be scheduled for trial at the next available date, which is normally one month after the informal hearing.
All trials are held before the United States District Court, which is located at 500 State Avenue, Kansas City, Kansas.