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Kansas Questions & Answers
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 Child Custody and Family Law for Kansas on
Q: If a legal guardian gives a minor drugs...what happens to the minor children in the house
James L. Arrasmith
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answered on Dec 31, 2023

In Kansas, if a legal guardian is found to be providing drugs to a minor, this is a serious legal issue that can lead to criminal charges against the guardian. The well-being of the minor and any other children in the household becomes a primary concern for the authorities.

In such cases,...
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1 Answer | Asked in Civil Rights and Internet Law for Kansas on
Q: Can I get in trouble if I received a “ personal photo” even tho I’ve been in a fully committed relationship for 2 years

I’m 18 years of age and my girlfriend is 17 years of age, of consent in my state is 16 years old and we have been enough fully committed relationship for two years and been having some tension between parents When her dad stumbled upon a photo she had sent me sometime back and is now threatening... View More

James L. Arrasmith
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answered on Dec 29, 2023

In Kansas, the age of consent is indeed 16, which generally pertains to the legality of sexual activities. However, it's important to understand that laws regarding the possession and distribution of explicit photos are different and can be more complex, especially when minors are involved.... View More

1 Answer | Asked in Civil Litigation and Collections for Kansas on
Q: sued by a debt collector,sent certified letter for arbitration to court and attorney a month ago no response,what to do?

Shown up to court each time was rescheduled, next date in Jan

Took all proper steps before the arbitration letter, mo response from court or the debt attorney, should I just file with AAA since I'm not getting answer

James L. Arrasmith
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answered on Jan 1, 2024

If you've sent a certified letter requesting arbitration and haven't received a response from either the court or the debt collector's attorney, it's important to review the arbitration agreement to ensure compliance with its terms. Sometimes these agreements specify how to... View More

1 Answer | Asked in Public Benefits and Social Security for Kansas on
Q: If I live in Kansas and receive Snap/EBT benefits, what savings or retirement accounts can I have if I am also disabled?
James L. Arrasmith
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answered on Dec 27, 2023

In Kansas, if you're receiving SNAP/EBT benefits and are also disabled, you're allowed to have certain types of savings and retirement accounts without affecting your benefit eligibility. However, it's important to be aware of the asset limits and rules that apply.

For SNAP...
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1 Answer | Asked in Employment Law for Kansas on
Q: Can a manager write up an employee for asking questions?

I work in a gas station in ks, my direct manager is the 'assistant manager' and then the next up the chain is my manager. I was told when I started that I should contact my manager if I could not get ahold of my assistant manager then after doing so in an emergency I was later told that I... View More

James L. Arrasmith
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answered on Dec 25, 2023

No, it generally isn't reasonable for a manager to write up an employee solely for asking questions related to their job duties or in cases of emergency. In a workplace, communication is essential, and employees often need to seek clarification or guidance from their superiors, including... 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

James L. Arrasmith
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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 Cannabis & Marijuana Law and Constitutional Law for Kansas on
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO

But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court.... 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 Family Law and Child Custody for Kansas on
Q: Can my ex pick my daughter up on my weekend per court agreement just cause I work for few hours and she’ll be with my gf

Basically when we split 6 months ago we set visitation schedule my turns were the days she worked so from 9-2pm and no over nights because of she didn’t want mt daughter around my new girlfriend. Well then she would stop letting me see her anytime I did anything she didn’t like put pics of my... View More

Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
answered on Dec 8, 2023

Typically, visitation agreements are established by court orders. If your court order doesn't explicitly prohibit your daughter from being with your girlfriend or being left with your mom during your scheduled parenting time, it's advisable to adhere to the terms outlined in the court... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: What is the public law as it relates to elected representatives, does a voter have the right or ability to engage with?

I am openly expressing my disagreement with an elected individual and currently have two ongoing lawsuits against them regarding their official role in preventing constituents from accessing government-designated social media pages. The day after the elected individual's attempt to have the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In the context of public law and the rights of voters to engage with elected representatives, it’s important to understand the balance between free speech and harassment or stalking laws. As a voter, you have the right to express disagreement and criticism of public officials, especially... View More

1 Answer | Asked in Business Law, Employment Law, Contracts and Arbitration / Mediation Law for Kansas on
Q: Employer publicly stated "taking c/o my employees emotionally and financially was my priority", but never did, estoppel?

If this statement was made, and publicly recorded in print, that "taking care" of injured employees financially was my biggest priority ", does that statement become a valid promise or contract with the employee to receive the help he needed? Can the employee seek to have those... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

A Kansas employment law could advise, but your question remains open for a week, and it includes the Arbitration/Mediation category. Until you're able to consult with a local attorney, as a general matter, that is a somewhat vague statement. It is not exact in terms of exactly what it means,... View More

1 Answer | Asked in Car Accidents for Kansas on
Q: Do I need to get a release of liability if I was involved in an accident with a driver that did not have a driverlicense

I had no insurance at the time but I should not be the only one held accountable for the accident nor have to have a release of liability if we both were at fault. He did not use a turn signal which caused the accident

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2023

A Kansas attorney could advise best, but your question remains open for a week. Until you're able to have a meaningful consult with a local attorney, it's advisable to have the other party sign a release form if you are negotiating any kind of payment. As far as sorting out the respective... 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 Juvenile Law for Kansas on
Q: Does a parent have to continue attending juvenile probation appointments when child turns 18?

Case is a criminal trespassing and was terminated by judge last week.

T. Augustus Claus
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answered on Nov 10, 2023

a parent is required to continue attending juvenile probation appointments when their child turns 18, as long as the child is still on probation or parole. This is because parents are legally responsible for their children's behavior until they reach the age of 18. This includes responsibility... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Q: I’m the POA & next of kin. Mother passed away, am I responsible for planning the funeral? Family disagreement over it
William K. Hayes
William K. Hayes
answered on Nov 8, 2023

Your power of attorney terminated upon the death of your mother. Assuming that your mother had no other estate planning documents, until someone is legally appointed to represent your mother's estate, it is best that you make it a group decision regarding the planning of the funeral. If your... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Kansas on
Q: My neighbors drove across my backyard, for over 3 years damaging the yard & making large,muddy ruts, it became a dirt rd

I contacted them when I became aware of how bad it looked, and goes straight to their door. I was met with rudeness,name calling and absolute refusal to stop

Anthony M. Avery
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answered on Nov 3, 2023

That is how prescriptive use easements are created. Hire a KS attorney to search all adjoining titles near that boundary. The look at filing for an Injunction, and possibly a Declaratory Judgment, amongst any other appropriate remedies. Time is of the essence.

1 Answer | Asked in Consumer Law for Kansas on
Q: Bought car from dealer, found out today that they lied about it not having any mods, warranty is voided. Help!

2015 Subaru WRX STI.

Eddy Chrysler Dealership Wichita, KS.

Already paid for some repairs.

James L. Arrasmith
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answered on Nov 9, 2023

When purchasing a vehicle that was represented as unmodified, and you later discover modifications that affect the warranty, it's crucial to assess the situation thoroughly. Begin by examining the purchase agreement and any statements made by the dealership regarding the condition of the car.... 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.

James L. Arrasmith
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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
T. Augustus Claus
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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

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