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Kansas Criminal Law Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Kansas on
Q: will a superseding incitement expunge an initial indictment?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 9, 2019

In most states a superseding indictment of the same person usually includes all previous crimes stated in the original indictment plus all the new crimes set forth in the superseding indictment. However, the prosecutor is not bound by or confined to anything while drawing up any kind of indictment.

1 Answer | Asked in Criminal Law for Kansas on
Q: How do I find out when an inmate ( put there by me and 4 other girls he raped ) will be eligible for parole? Can we go?

I live in Alabama, but he’s in Ellsworth CF, which I think is in Kansas. He was convicted in Independence, Ks.

I don’t see a date for a parole hearing. I’m guessing because it’s too far off. He received life for kidnapping me, 15 to life for 3 of the rapes, 5-20 for burglary and... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 24, 2019

Lawyers are very intelligent and highly trained--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma.

1 Answer | Asked in Criminal Law for Kansas on
Q: I was arrested for DUI and my car was impounded when I called to check my car was released to someone else

What do I do now

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 17, 2019

Find out who the police allowed to pick up your car and get it from them.

1 Answer | Asked in Criminal Law for Kansas on
Q: if a warrant is issued and what was on the warrant was not seized it was another vehicle can they still charge me
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 12, 2019

If a law enforcement officer is exercising a valid warrant and happens to find some other stuff related to any crime they are investigating they can arrest you and whoever else involved--for a different crime.

3 Answers | Asked in Car Accidents and Criminal Law for Kansas on
Q: Accident do to being tased how can go about sueing or charging the person who tased me for cost of damages
Gary Kollin
Gary Kollin
answered on Apr 30, 2019

You contact a personal injury lawyer

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1 Answer | Asked in Criminal Law for Kansas on
Q: can the courts put out a warrant and charge someone just by the one who was arrested stating that it was my son

myson truely had no part in this but the kid who got caught lied on my son instead of giving up the kid that got away

Gary Kollin
Gary Kollin
answered on Mar 31, 2019

I think you must re-read your question with more details. I am not able to understand what you were asking.

1 Answer | Asked in Criminal Law for Kansas on
Q: My 14 year old son and his friend were ticketed for trespassing, do I need a lawyer?

My son and his friend were given a ticket for trespassing, they were exploring an abandoned building, and were detained and given a ticket. We are very concerned and want to know how to proceed.

Gary Kollin
Gary Kollin
answered on Mar 4, 2019

Why would you need a lawyer?

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for Kansas on
Q: Bayview loan servicer not applying payments

Bayview loan servicing acquired our property in 2016. It was originally inc,used in a bankruptcy it we stayed in the home paying the monthly payment. Later, I fell on financial struggles which cause me to get behind in my payments. A short while later I was approved for mortgage modification &... View More

Timothy Denison
Timothy Denison
answered on Jan 30, 2019

Hire a mortgage defense lawyer and let him handle it for you. You may have several options.

1 Answer | Asked in Criminal Law for Kansas on
Q: While on community corrections can i get credit for time being supervised if my probation was revoked and I go to prison
Bernard Crane
Bernard Crane
answered on Nov 29, 2018

If I understand your question, I think you are asking if the time you spend on probation counts against the time you might have to serve if the probation is revoked.

The answer might be different in different jurisdictions, but in any jurisdiction I am familiar with, the answer is no....
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1 Answer | Asked in Personal Injury and Criminal Law for Kansas on
Q: A person threatened to hunt me down and break my legs tonight via messenger (several times), and I have evidence.

I sold him a running engine, (very cheaply) which he modified, and then the engine failed. He is now threatening to hunt me down and break my legs, in writing.

Peter N. Munsing
Peter N. Munsing
answered on Oct 2, 2018

This is a matter for the police.

1 Answer | Asked in Criminal Law and Immigration Law for Kansas on
Q: Will pre-trial diversion affect my chance at renewing DACA?

I was arrested on November 2017, for possession of marijuana and possession of paraphernalia. I was told to do a pre-trial diversion program, which I completed successfully last month. My charges were dismissed completely. I am renewing my DACA this month. I have consulted with my lawyer but she... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 3, 2018

Any time a court places a restriction on you, the government considers that a conviction for immigration purposes. In your case, the requirement to participate in this diversion program was a restriction, so for immigration purposes you have been convicted. It will have an impact on your DACA... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Q: What is the threshold amount for a theft to become a federal crime? Is it possible to know if federal charges are pendin
Gary Kollin
Gary Kollin
answered on Jul 20, 2018

Since I answered the former question using the word "threshold" I know you are the same person.

Was there federal jurisdiction? Does the defendant have a criminal history? Did it occur over state lines? There are so many factors.

I suggest you consult directly with a criminal defense lawyer

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Q: Is theft a federal crime?

Is it a federal crime to steal something from a store and return it for a non receipt transaction and receive a gift card? What if two different states are involved?

Gary Kollin
Gary Kollin
answered on Jul 19, 2018

Generally, before the federal authorities become involved in the prosecution in individual cases. There usually is a threshold amount unless the theft is committed on federal property.

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Kansas on
Q: Can you be charged with possession with tempt if there is no drug charges being brought
Gary Kollin
Gary Kollin
answered on May 29, 2018

What is possession with "tempt"? An what do you mean no drug charges being brought?

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Kansas on
Q: Does my aunt need to appear in court or can she just pay a fine? What are the possible penalties?

My aunt who is an illegal immigrant got pulled over for going 45 in a 35. The officer gave her a warning for speeding but gave her a slip that says she has to appear in court for driving without a driver’s license. This is her first time getting in trouble for anything. Because she is a single... View More

Roger Carl Algase
Roger Carl Algase
answered on Jan 9, 2018

Before doing anything else, your aunt needs to consult with an immigration lawyer who is experienced in both criminal law and deportation law. This is a situation that could very possibly lead to serious problems for her.

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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
PREMIUM
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
PREMIUM
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... View More

Michael Duma
PREMIUM
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
PREMIUM
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.... View More

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