My question involves criminal law for the state of: KS
I requested a variance to park some vehicles inside a small city. The variance was granted but apparently the term differed from the term requested. After the time elapsed, a written notice was sent to indicate a violation of the variance. 7 days later a ticket was issued citing a "violation of the variance". At the hearing, the judge, nor I knew what the number was on the ticket (now know it was a variance number) so the judge indicated a charge of "illegal parking" per the city code book in which I was not in violation of. I entered a plea of not guilty. At trial, the city first attacked the illegal parking and when the realized they had no ground, the charge shifted to a "variance violation" in which I still cannot find any codes to indicate fines and such. I was found guilty.
I filed for appeal to district court and picked up the judgment ledger from the city. It indicates guilty of of the illegal parking per code (which I am not guilty of) and also indicates that I plead guilty in which I did not. I have a list of procedural concerns as well as questions on the actual charge which still does not make sense. I am curious if it is typical for a municipal court to change charges mid trial?
Procedural concerns are this:
1. Per the zoning code, any decisions made will be sent in writing to the application within 40 days. I never received a copy of the variance from the city, thus a misunderstanding of the terms.
2. Per the zoning code, any violation of any code will be sent in writing to the defendant with 15days from mailing to correct the error before further legal action is taken.
3. Written notice was eventually sent but ticket was sent 7 days after written notice. Written notice of violation was received 12/8, ticket was received 12/14
4. Ticket was post marked 12/14 but ticket date indicates 11/25 which could be a back dated ticket.
I have appealed on the grounds of a list of procedural concerns. The city honors state statute. I am most concerned with how the charge seemed to change during the trial and differs from the judgment ledger.