Questions Answered by Michael Duma

Q: Can I be prosecuted for a law broken allegedly in Missouri prosecuted in Kansas for it

1 Answer | Asked in Criminal Law for Kansas on
Answered on Nov 22, 2017
Michael Duma's answer
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.

Q: I have a 20 year old class C felony for forgery is it possible to get my file sealed or an expungement

1 Answer | Asked in Criminal Law for Kansas on
Answered on Oct 30, 2017
Michael Duma's answer
Absolutely, provided that you have been off probation for three years and do not have any pending or recent charges. What County?

Q: Can I get charged dropped?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Oct 24, 2017
Michael Duma's answer
I would call a lawyer immediately and make no statements to your resource officer or any other law enforcement or school officials.

Q: How long after arraignment will my fiance be on trial? Its a felony drug case and he is being held in county.

1 Answer | Asked in Criminal Law for Kansas on
Answered on Oct 18, 2017
Michael Duma's answer
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. Things which also effect the time a defendant is brought to trial include the court's calendar, the complexity of the case, the time necessary for the defendant's counsel to prepare, necessary motions,...

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?

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
Answered on Oct 6, 2017
Michael Duma's answer
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.

Q: If I successfully completed diversion for a criminal misdemeanor in Kansas back in 2011, am I still convicted?

1 Answer | Asked in Criminal Law and Employment Discrimination for Kansas on
Answered on Aug 15, 2017
Michael Duma's answer
If you successfully completed diversion and your case was dismissed then the answer is no, you do not have any convictions.

Q: Can someone be charged with distribution of heroin or methamphetamines because of text messages.

1 Answer | Asked in Criminal Law for Kansas on
Answered on Aug 11, 2017
Michael Duma's answer
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 discovered, that is a different story.

Q: What is the sentence for felony selling of your prescription pain killers?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Aug 10, 2017
Michael Duma's answer
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. http://www.dumalawoffices.com/criminal-defense.html. You can also visit the Kansas sentencing website at https://sentencing.ks.gov/forms

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