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Kansas Criminal Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law and Admiralty / Maritime for Kansas on
Q: If I do not consent can a district court in Kansas strip my natural rights and put me on trial as a legal fiction?

I wish to keep my natural rights, my status as a sentient being

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

This doesn't appear related to "Admiralty/Maritime" law-related, one of the posted categories. It might be closer to sovereign citizen-based principles. In terms of maritime law, law firms that practice in that area would not be likely to be able to offer guidance on these concepts. Good luck

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: How is it legal for my husbands po to give permission for him to go to church then turn around and change his mind

Arrest him in the church and say that he was alone dropping off our daughter which he wasn't I was right there not update my husbands file and then the day he went to tell my husband he was sending him back to prison all of a sudden have the file updated with the dates but with some lies.. We... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you’re going through a very challenging and frustrating situation. It's important to gather all the facts and document everything that has happened, including dates, times, and any witnesses who can support your version of events. This documentation will be crucial in... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Internet Law for Kansas on
Q: How do get a restraining orders for cybekanr violent crimes kansas city missouri ot ex porte
James L. Arrasmith
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answered on Aug 6, 2024

To get a restraining order for cyber harassment or violent crimes in Kansas City, Missouri, start by going to the local courthouse. You can file a petition for an ex parte order of protection, which is a temporary order issued without the presence of the person you're filing against. This can... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: I have a court appointment lawyer that isn't doing her job. Olathe is trying to put a case on me and I need some help.

I have stage 4 bone and breast cancer and this case is bogus

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. It sounds incredibly stressful to be dealing with legal issues while managing your health. You have the right to effective legal representation, and if your court-appointed lawyer isn't doing their job, you can take steps to address this.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Contracts for Kansas on
Q: Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.

18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider:

1. Document everything:

- Gather all relevant documents, including the notarized contract, any communication...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: What are some key cases establishing joint operations between two agencies and independent actions, esp. during searches

Looking to find cases that establish how courts determine whether or not two, or more, law enforcement agencies are acting in a joint operation OR if one (or more) of these agencies acted independently? Basically, LEA (law enforcement agency) A conducted a search warrant and let LEA B know that... View More

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answered on Jun 10, 2024

Understanding how courts determine whether law enforcement agencies are acting jointly or independently during searches is crucial. A key case in this area is **United States v. Reed**, 15 F.3d 928 (9th Cir. 1994). In this case, the court considered whether multiple agencies were operating as a... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: If someone is sentenced to 27 months kdoc but have served over that in jail time credit would they be immediate release
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answered on May 27, 2024

If someone is sentenced to 27 months in the Kansas Department of Corrections (KDOC) but has already served more than 27 months in jail, they may be eligible for immediate release. The time already served should be credited towards their sentence.

To confirm this, it's essential to...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Kansas on
Q: I reported to police that I was sexually assaulted. The DA decided to dismiss. How can I have the case reopened?

A friend of my now x-boyfriend forceably and physically sexually assaulted me at a karaoke bar while the boyfriend stood not more three feet away laughing. The DA dismissed the case. The karaoke bar has cameras but when asked by an investigator the bar told him they didn’t have it knowing a... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you feel that your case was unjustly dismissed, you can start by contacting the prosecutor's office to express your concerns and request a review of the decision. You can ask for a meeting to discuss the evidence and the reasons for the dismissal. It's also helpful to bring any new... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Legal Malpractice for Kansas on
Q: It's been 153 days and still no preliminary hearing for a felony traffic stop in Kansas. What can be done about it?
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answered on Mar 22, 2024

If you're facing delays in your preliminary hearing for a felony traffic stop in Kansas, it's important to understand your rights and options. Legal processes can experience delays due to various reasons, including court backlog, legal complexities, or issues related to evidence... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: Do you always get jail time of you took pill s from a pharmacy? It was in total of 47 dollars
James L. Arrasmith
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answered on Feb 24, 2024

The consequences for taking pills from a pharmacy depend on various factors, including the specific circumstances of the incident, any prior criminal history, and the laws of the jurisdiction where the offense occurred. While theft of any amount is a serious offense, the value of the stolen items... View More

1 Answer | Asked in Criminal Law, Internet Law and Libel & Slander for Kansas on
Q: What can I do about someone who has made multiple false accusations and stalking me for 2 +years.

I have an individual "watching" me for over 2 years now, this person has also posted outrageous legal accusations on social media. This individual has also used a drone to watch me. while in public so I'm not sure what can be done. Has also said where I live never giving my exact... View More

James L. Arrasmith
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answered on Feb 25, 2024

You have several potential legal options for dealing with someone who is stalking you and making false accusations against you over an extended period:

1. File police reports about each incident documenting the harassment, stalking behavior, and false statements. Ask they investigate and...
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1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Criminal Law for Kansas on
Q: I'was wrongfully convicted of a 2nd DUI without having a first offense and told by my lawyer that it was because I filed

a complaint against a prior lawyer for telling me to not go to my court date and then went go jail for FTA. Blatant retaliation. My rights were stripped away, convicted of 2nd DUI and non related offenses were consolidated into this case to bury me in a debt that is unattainable being on... View More

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answered on Feb 24, 2024

It sounds like you've been through a difficult and unjust situation. To address this, you may need to seek legal assistance to help navigate the complexities of your case. Given the severity of the charges and the potential violations of your rights, it's crucial to find an attorney who... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Kansas on
Q: I was took in for questioning yesterday. Do they record this? There was cameras in the room but not sure if they was rec

Upon getting questioned the sheriff told me they was paying for my vehicle to get towed. Now I have to pay it. Is this legal? Can she lie like this?

James L. Arrasmith
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answered on Jan 11, 2024

In many police departments, interrogations and questioning are recorded, either through audio or video equipment. If there were cameras in the room, it's likely the questioning was recorded. You have the right to request a copy of this recording, especially if it pertains to your case or any... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: What actions should I take against someone unbeknownst to me is trying to extort money from me?
T. Augustus Claus
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answered on Jan 2, 2024

If you believe you are a victim of extortion, it's important to take certain steps to address the situation. First, refrain from providing any money or personal information to the individual making the threats. Document all communication, including texts, emails, or any other form of contact,... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: I served time on a case where there were many circumstances that were not taken care of by my court appointed attorney.

I have evidence and witnesses to things my lawyer, the D.A. and the judge had done which I believe resulted in receiving a unfair trial. I was wondering if there was anything I can do about it. I have all the circumstances that took place noted. Or is it to late for me to do anything. I've... View More

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answered on Dec 21, 2023

In your situation, it's important to understand that options may still be available to address concerns about your trial and representation. If you believe your court-appointed attorney did not adequately represent you, this could be grounds for an appeal or post-conviction relief, based on... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Kansas on
Q: Can I sue resees for beings addictive my husband wanted one so bad he stole a box and got 13 months in prison?

My husband is so unbelievably addicted to reeses candy that he felt the need to steal a box of them to fill his cravings and got 13 months in prison for it.

James L. Arrasmith
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answered on Dec 10, 2023

In Kansas, as in other states, the possibility of suing a company like Reese's for the addictive nature of their product is complex and challenging. The success of such a lawsuit would depend on various factors, including proving that the product is inherently addictive and that this addiction... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: Why was diversion revoked if charges dropped?

My boyfriend was charged with assualt and given diversion. ANother assualt charge was brought against him but the charges were dropped. Why was his diversion revoked?

James L. Arrasmith
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answered on Nov 17, 2023

Diversion programs are often contingent on the participant not engaging in any further criminal activity or specific behaviors. Even if the new assault charges against your boyfriend were ultimately dropped, the mere accusation could be enough to violate the terms of his diversion agreement.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Kansas on
Q: I'm trying to find a form for a violation of ex post facto clause in kansas or what motion would I need to fill out

Need to file a motion something similar to violation ex post facto clause.

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answered on Nov 5, 2023

If you're looking to challenge an action on the basis that it violates the ex post facto clause, you would typically file a "motion to dismiss" or a "petition for a writ of habeas corpus," depending on the stage of the case and whether it's pre-conviction or... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
Q: I am facing charges of domestic battery. At my first appearance can I plead that day and have court over with
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answered on Oct 19, 2023

In Kansas, the first court appearance you'll likely have for a domestic battery charge is the arraignment. At the arraignment, you're generally informed of the charges against you and asked to enter a plea. While it's technically possible to plead guilty and conclude the case, doing... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: It’s my first offense of theft. I have to show up to court will I get jail time for a first offense?
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answered on Oct 9, 2023

In Kansas, for a first-time theft offense, especially if the value of the stolen item is relatively low, jail time is not always the primary or preferred punishment. Often, first-time offenders may be offered diversion programs, probation, restitution, community service, or fines, rather than jail... View More

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