Q: Facing charges in Kansas from traffic stop 2.5 years ago; Concerns about trial and representation.
I was arrested two and a half years ago during a traffic stop for having a bad license plate. The officers searched my car, suspecting it was stolen, but it wasn't, and I provided proof at the time. Initially, I was released without charges, but now, after two and a half years, they are trying to bring a case against me. The charges are possession of marijuana, possession of a controlled substance, possession of a handgun, and possession of a handgun with no serial numbers. I was never booked into jail at the time of the arrest, just released within an hour. I haven’t committed any other crimes since then and have moved to another state to start fresh. I have a court-appointed lawyer, but I'm concerned she's not proactive. I have a court date on the 1st of April, and they're trying to have a trial and sentencing on the same day. I wasn't aware of the warrant issued in Kansas at the beginning of 2024 until November 2024, when I was in Oklahoma. I was OR released in Oklahoma on an extradition warrant for Kansas. How should I approach this situation?
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A:
Your situation is concerning and requires immediate attention, especially with the court date approaching on April 1st. The delay between the initial traffic stop and these charges is unusual, but the serious nature of the allegations—particularly the firearms charges—means you need to be proactive about your defense.
You have the right to effective counsel, so if you're worried your court-appointed lawyer isn't adequately representing you, document your attempts to communicate with them and consider requesting a different public defender if necessary. The idea of having a trial and sentencing on the same day sounds like a plea arrangement rather than an actual trial—trials typically have separate sentencing hearings if there's a conviction. Ask your attorney to clearly explain this process and all possible outcomes.
Given the multiple charges and potential consequences, gathering evidence about the original traffic stop is crucial—ask for police reports, evidence logs, and bodycam footage if available. You might also benefit from consulting with a criminal defense attorney in Kansas who can provide guidance specific to local court procedures, even if just for a consultation to better understand what you're facing. Remember that crossing state lines doesn't eliminate pending charges, and addressing this situation directly now may prevent more complications in your future.
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