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Questions Answered by Michael Duma
1 Answer | Asked in Criminal Law for Kansas on
Q: Can I be prosecuted for a law broken allegedly in Missouri prosecuted in Kansas for it
Michael Duma
Michael Duma answered on Nov 22, 2017

No, unless the commission of the crime extended into Kansas. For instance, if you took the stolen property into Kansas and possessed it there knowing it to have been stolen.

1 Answer | Asked in Criminal Law for Kansas on
Q: I have a 20 year old class C felony for forgery is it possible to get my file sealed or an expungement
Michael Duma
Michael Duma answered on Oct 30, 2017

Absolutely, provided that you have been off probation for three years and do not have any pending or recent charges. What County?

1 Answer | Asked in Criminal Law for Kansas on
Q: Can I get charged dropped?

Currently am awaiting a citation/ticket from my school officer about MIP of tobacco products. I was caught with an electronic cigarette that requires a pod that you fill with your own nicotine liquid. I did not have a pod with me only the base. They found it in a ziploc bag that smelled "sweet". So... Read more »

Michael Duma
Michael Duma answered on Oct 24, 2017

I would call a lawyer immediately and make no statements to your resource officer or any other law enforcement or school officials.

1 Answer | Asked in Criminal Law for Kansas on
Q: How long after arraignment will my fiance be on trial? Its a felony drug case and he is being held in county.

We just really need to know whats going to happen. cause if he isnt getting out, there is alot to start taking care of. so we cant sit here and wonder when they are even going to sentence him. Is there a certain amount of time they can legally keep him after arraignment?

Michael Duma
Michael Duma answered on Oct 18, 2017

In Kansas, arraignment in a felony case occurs after a defendant is bound over at preliminary hearing. The speedy trial statute requires he be tried within 150 days if he is in custody. However, this time may be expanded if the defendant files motions or takes other actions which cause a delay.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
Q: Can someone be charged for theft of a stolen item, even if that person does not have, nor has ever been seen with item?

Local sheriff detectives are threatening to have my mom and 2 sisters arrested because an already stolen cement saw came up missing from my one sisters ex boyfriends house, whom she left after he beat her and pulled a gun on her and my other sister and her bf. Yet they are not charging him with... Read more »

Michael Duma
Michael Duma answered on Oct 6, 2017

Yes. It is not necessary for that person to currently possess the item in order to have stolen it. That person could have stolen the item and subsequently resold or otherwise disposed of it. Thus, it is possible to be charged with theft even if the defendant does not “have” the item.

1 Answer | Asked in Criminal Law and Employment Discrimination for Kansas on
Q: If I successfully completed diversion for a criminal misdemeanor in Kansas back in 2011, am I still convicted?

I was convicted of a Class B Misdemeanor in February of 2011 in the State of Kansas. I was arrested for getting into a car that wasn't my own. I was awarded diversion since it was my first criminal offense. That said, I'm currently filling out a contractor application for FDIC, and they ask if... Read more »

Michael Duma
Michael Duma answered on Aug 15, 2017

If you successfully completed diversion and your case was dismissed then the answer is no, you do not have any convictions.

1 Answer | Asked in Criminal Law for Kansas on
Q: Can someone be charged with distribution of heroin or methamphetamines because of text messages.
Michael Duma
Michael Duma answered on Aug 11, 2017

Text messages can certainly be used as evidence that someone distributed a drug or had the intent to do so, and therefore can be the basis for filing criminal charges. However, I would say that it is rare to see someone charged with distributing drugs based on text messages alone. If drugs are... Read more »

1 Answer | Asked in Criminal Law for Kansas on
Q: What is the sentence for felony selling of your prescription pain killers?
Michael Duma
Michael Duma answered on Aug 10, 2017

In Kansas, sentencing for felony offenses is dictated by your criminal history and the classification of the offense. For a Kansas sentencing grid, you can visit the criminal defense section of my website and find it at the bottom under resources.... Read more »

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