Q: I was arrested on a warrant. My son's mother said I violated a restraining order--I didn't! How can I get out of this?
I did not drive down her street though that's what she reported to the police. The RA does not specify that. They have video of a truck like I used to have but my truck has been out of commission since I wrecked it in 2014. Now I'm on home incarceration because I live in another state. I missed the hearing because I thought I had to drive 500 miles back to be there in person then found out I could Zoom. My bond was revoked and another warrant is out. I can't get back to Kansas because I don't have a drivers license or the means to get back. What can I do to fight this from another state? How can I get the video they have? I'm scared!
A: you need to contact and hire a Kansas Lawyer who regularly practices criminal law in the court that has issued these decisions ASAP. You have a limited amount of time to challenge a decision of a trial court. This forum will not be able to walk you through each step to both set aside the decision and hopefully challenge it. Your basic argument is going to be a violation of your due process rights to notice of the hearing and opportunity to respond. Again there is much more to this. DO find an attorney who practices in Kansas.
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