Due to a recent court case (which will be the subject of a separate legal bulletin in the near future) and other issues, the municipal court and city attorney's office will begin accepting citations as charging documents in all cases prosecuted by the city, including all offenses under the new Uniform Public Offense Code, effective immediately.

    While the citation will be the charging document, the citations themselves will be reviewed by an attorney in the city attorney's office, and the brief narrative on the back of the citation needs to set forth sufficient facts to show probable cause to believe the violation(s) occurred. This narrative will not have to be very elaborate when the officer witnesses the event(s) constituting the violation(s), but in cases not witnessed by an officer, more explanation will be required. If the facts are somewhat elaborate and will not fit the narrative space on the citation form, you may just wish to record the essential facts there (e.g., suspect struck the victim with his fist), and refer to your supplemental narrative by the Topeka Police Department case number.

    Because the citation will be the charging document, and the court, not the city attorney's office, enters the citation into the municipal computer system, it is imperative that contact information for the victim and any witnesses is recorded on the back of the citation. The city attorney's office needs this information in order to comply with its statutory victim notification responsibilities.

    Because attorneys will be reviewing the citations, you may receive a declination form or a request for further investigation from the city attorney's office. We will include the Topeka Police Department case number on the declination forms if it is listed on the citation; otherwise the declination will just list the citation number and the officer will have to locate the case number.

    Additionally, in those cases where you currently prepare a Kansas Standard Offense Report and Supplemental Narrative you will still be required to do so. If an arrest is made, you will also need to complete a Kansas Standard Arrest Report.

Please advise if you have any questions.