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1. Can the Ellis County attorney’s office give legal advice?

The Ellis County attorney’s office is not a private law practice and does not handle civil or personal legal matters other than those prescribed by Kansas statute. Citizens needing legal advice should contact a private attorney. If you need to find an attorney, please get a recommendation from your friends, family, the yellow pages, or contact one of the following referral organizations:

Kansas Lawyer Referral Service
Ph: (800) 928-3111

Kansas Legal Services – Hays Office
Ph: (785) 625-4514

2. Who do I contact if I am the victim of a crime?

Crime victims should report their crime to law enforcement so that the crime can be investigated. Once you have reported your crime, if you have further questions, please contact us at (785) 628-9405. We will help you determine the status of your case and answer questions that you have.

3. Where do I report a crime?

A crime must be reported to the law enforcement agency that has jurisdiction over the city or county where the crime occurred. The Ellis County attorney’s office does not investigate crimes. Please call police dispatch at (785) 625-1011 to report your crime. They will refer you, if necessary, to the appropriate agency in Ellis County.

Law enforcement agencies in Ellis County include:

• Ellis County Sheriff’s Department
  Ph: (785) 625-1040
  
• Hays Police Department
  Ph: (785) 625-1030
  
• Fort Hays State University Police Department
  Ph: (785) 628-5304
  
• Ellis Police Department
  Ph: (785) 726-4141
  
• Victoria Police Department
  Ph: (785) 735-9354
  
• Kansas Alcohol Beverage and Control
  Ph: (785) 296-7015
  
• Kansas Bureau of Investigation
  Ph: (785) 296-8200

4. As a crime victim, do I have any say regarding bond conditions (including no contact orders)?

The Ellis County attorney’s office attempts to contact victims of crimes prior to bond hearings. However, defendants must be brought before the first available judge as soon as is practical. Most bond hearings occur at 8:30 am on weekdays (Monday through Friday) for persons arrested the previous day. However, bond hearings are often scheduled in between other hearings when the court has time to see the defendant. No Contact Orders

5. As the victim of the crime, is it my decision whether or not to prosecute or file charges?

In the State of Kansas, criminal charges are brought on behalf of the State of Kansas or the municipality in which the crime occurs. The decision whether or not to file a criminal case, how to prosecute, and/or how to resolve the criminal case is up to the prosecutor. As a crime victim, the Ellis County attorney’s office will encourage you to cooperate in the prosecution of the crime and work with the prosecutor toward a just resolution of the case. We will listen to your concerns and consider your opinions as to potential plea agreements and sentencing considerations. However, by statute, the discretion to file charges and to prosecute the case lies with the prosecutor, who uses legal training, experience, and knowledge to seek justice.

6. Who do I contact if I have a question concerning a case in which I am the defendant?

If you are the defendant and have an attorney, please talk to your attorney. If you are represented by an attorney, the Ellis County attorney’s office cannot speak with you about your case. If you are representing yourself and have waived your right to an attorney before the court, you may contact us with questions. The employees of the Ellis County attorney’s office can answer scheduling and procedural questions regarding your case, but cannot give you legal advice.

7. What is a diversion agreement?

A diversion agreement is an agreement between the State of Kansas and a defendant charged with a crime whereby the defendant agrees to comply with conditions set forth by the prosecutor. If all conditions are met, the charge against the defendant is dismissed. Therefore, the defendant does not have a conviction for the offense charged. This is generally limited to first-time offenders and is determined on a case-by-case basis at the discretion of the prosecutor.

8. How do I know if I am eligible for a diversion?

When charged with a crime, you will need to make your first appearance before the court. At first appearance, the court will advise you as to the charges pending against you, determine whether or not you have an attorney or wish to have an attorney, then inquire if you wish to discuss a possible diversion with the prosecution.

9. Who do I contact if I have questions regarding child support?

Lee A. Fisher is the court trustee for the 23rd Judicial District (Ellis County, Gove County, Rooks County, and Trego County). Child support questions should be directed to the court trustee at (785) 623-4515.

10. Who do I contact regarding consumer fraud or consumer product complaints?

Contact the Consumer Protection Division of the Kansas Attorney General’s Office for more information. Consumer Protection Division - Assisting Consumers

11. Who do I contact for questions regarding divorce?

Please contact a private attorney if you have questions regarding divorce procedure. The Ellis County attorney’s office is not a private law practice and does not handle civil or personal legal matters. The Kansas Judicial Council's Family Law Advisory Committee has information available, including some self-help procedures. Kansas Judicial Council Divorce Forms

12. What are my rights as a landlord or a tenant?

Information concerning your rights as a landlord or tenant are contained in the Kansas Residential Landlord and Tenant Act, codified at KSA 58-2540 through KSA 58-2573. The statutes can be viewed at the Hays Public Library or on the Kansas Legislature website. Please contact an attorney who has experience in this area of the law if you have further questions. The Ellis County attorney’s office is not a private law practice and cannot give legal advice regarding this issue. Kansas Legislature - Kansas Statutes

13. Who do I contact regarding a Municipal Court ticket?

The City of Hays Municipal Court oversees cases involving violations of city ordinances, which include traffic, criminal, and code violations. Please contact the Municipal Court at (785) 625-1030. Hays Municipal Court

14. How do I file a petition for expungement?

If you are in need of advice regarding expungements, please contact an attorney who has experience in this area of the law. The Ellis County attorney’s office does not prepare expungement documents and cannot advise individuals on the expungement process.

15. How do I file a small claims case?

Small claims cases are civil controversies between two private individuals in which the amount of controversy is $2500 or less. Neither side is represented by an attorney in this process. The plaintiff will fill out a claim in the clerk of the District Court’s office, and the case will proceed from there. Please contact the Ellis County District Court at (785) 628-9415 for more information.