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Kansas Questions & Answers
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?
T. Augustus Claus
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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

1 Answer | Asked in Family Law for Kansas on
Q: If a person has legal power of attdorney or durable power attorney does this apply when you die
John Michael Frick
John Michael Frick
answered on Oct 3, 2023

No. Any power of attorney you sign ends automatically when you die. You should have a Last Will and Testament naming an independent executor to handle your estate when you die.

1 Answer | Asked in Criminal Law for Kansas on
Q: if my wife is accused of theft in ks am i responsible for fines since we are married

my wifes ex employer has pressed charges for theft over 100k stating she stole from him during her employment there....if found guily and ordered to pay restitution am i legally responsible

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

No, you are not personally responsible to pay her restitution for a criminal offense she committed. Be aware, however, that your marital property with her might be subject to her restitution obligation.

1 Answer | Asked in Employment Law for Kansas on
Q: I gave my job my notice that i was leaving, a month later they 'requested' i change that date to two months sooner.

I have, in writing, my letter of resignation stating my last day would be 12/22/23. Two weeks ago my employer 'requested' that I change my last day to 11/3/23 putting an incredible financial hardship on me. Are they able to do this? Their language of 'request' was curious to me.

T. Augustus Claus
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answered on Oct 2, 2023

If you have an employment contract that specifies the terms of your notice period, your employer generally cannot unilaterally change the date. If you're an at-will employee, the employer can technically let you go at any time, but changing the date after accepting your notice may be... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
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.... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 3, 2023

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... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: What is my remedy if the State is purposefully withholding exculpatory evidence and I can prove that?
T. Augustus Claus
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answered on Oct 2, 2023

If you can prove that the State is withholding exculpatory evidence, that could constitute a Brady violation, which may be grounds to dismiss the charges or overturn a conviction. A motion can be filed to compel the release of this evidence.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on
Q: I was not read my Miranda rights within 24 hours of my arrest, is the arrest and charges invalid?
John Michael Frick
John Michael Frick
answered on Oct 1, 2023

Yes, but it is likely any statement you made while in custody can’t be used against you.

They can, however, offer testimony from witnesses and other evidence to try to prove your guilt.

1 Answer | Asked in Bankruptcy for Kansas on
Q: When filing for a chapter 7 bankruptcy do I need to include all vehicles that are in my name even if its not my vehicle?

When filing chapter 7 bankruptcy in Missouri must I include all vehicles that are in my name, regardless if they are mine or not? I am asking because I bought a few auction vehicles for relatives, they paid for them. I am worried that if I do they could be taken away from them during the... View More

Timothy Denison
Timothy Denison
answered on Sep 28, 2023

Yes. You must list all property owned by you or in your name.

2 Answers | Asked in Personal Injury and Car Accidents for Kansas on
Q: What if you have a complaint against your lawyer who can you talk to

I settled my case and my lawyer kept talking about Medicaid Medicare and I kept telling him that I was not on a government assistant program so now that my case is settled he's telling me that since he talked to the insurance company they said they had a lean on me and I told him that that is... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

The Attorney is warranted to obtain a written clearance.

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2 Answers | Asked in Real Estate Law for Kansas on
Q: Next door neighbor wants to claim about six to eight feet of our property is theirs to

...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 21, 2023

Adverse possession is a concept that developed in the courts. If someone conspicuously and openly occupied a property for a long period of time, making use of the property, adding improvements, etc., they were in a position of becoming an de facto owner of the property. It was unfair to allow some... View More

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2 Answers | Asked in Education Law for Kansas on
Q: in my history class we are doing a assignment about Christianity in the Middle Ages sep of school and state

does it count under separation of church and state

Todd B. Kotler
Todd B. Kotler
answered on Sep 19, 2023

Not unless the teacher is proselytizing that a particular church is the ONLY true religion.

Teaching history without talking about the broad influence of religion on the spread of political, scientific, and sociological thought would not be very effective. How does one teach the history...
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2 Answers | Asked in Child Custody and Family Law for Kansas on
Q: Does the court look at our children as our property?
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answered on Sep 14, 2023

No, the court does not consider children as property. In family law and custody matters, children are not viewed as possessions or property of their parents. Instead, the court's primary concern is the best interests of the child.

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2 Answers | Asked in Elder Law for Kansas on
Q: Can a operator of a nursing home, or a staff that works at one in Puerto Rico be the power of attorney for the resident
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answered on Sep 11, 2023

In Puerto Rico, as in many places, the rules regarding who can serve as a power of attorney (POA) for a nursing home resident can be complex, and they often involve ethical considerations and potential conflicts of interest.

Generally, it is not advisable for an operator of a nursing home...
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1 Answer | Asked in Adoption for Kansas on
Q: Can I get emancipated after being adopted at the age 19, and currently 22

I was emancipated once before from my biological mother, but soon after I got adopted after by an old foster parent who had always stayed in my life. But over the past few years after being adopted they aren't treating me like family. They are mean and manipulative and I no longer want to be... View More

John Michael Frick
John Michael Frick
answered on Sep 10, 2023

Because you are currently 22, you are already an adult and have all the rights, privileges, duties, and responsibilities that an emancipated minor would have.

2 Answers | Asked in Personal Injury and Car Accidents for Kansas on
Q: what happens if someone is riding a motor cycle on the highway and is struck by a power line pole electricuted, boots bl

own off arm burned badly gets attorney turns down first offer of 750,000. then gets murdered before second offer

David Adams
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David Adams
answered on Sep 8, 2023

So long as the statute of limitations has not run on the claim (usually 2 years in Kansas and 5 years in MO), you should still be able to pursue and conclude the claim. A number of possible issues involved in a prior attorneys involvement. That should all be resolvable as part of resolving the... View More

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1 Answer | Asked in Criminal Law for Kansas on
Q: Spouse got a bunch of credit cards in my name without me knowing
T. Augustus Claus
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answered on Sep 7, 2023

If your spouse has obtained credit cards in your name without your knowledge or consent, this could potentially be a case of identity theft or fraud. It's crucial to take immediate action to protect your financial interests. Start by contacting the credit card companies to report the... View More

1 Answer | Asked in Real Estate Law for Kansas on
Q: Is it legal to copy and print a pdf of a "Agreement to sell real estate" found online and use it for myself?

i'm just curious if some how, some way it could fall back as any sort of copywriting thing.

T. Augustus Claus
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answered on Sep 5, 2023

Using a PDF template for an "Agreement to Sell Real Estate" found online for your personal use should not typically pose copyright issues, as long as you are using it for your own transaction and not distributing it commercially or infringing on any specific terms of use or licensing... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: How does culpable mental state apply to a defendant in Arkansas on a drug charge?
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answered on Sep 1, 2023

In Arkansas, the concept of culpable mental states plays a crucial role in determining a defendant's level of criminal intent in drug-related cases. The specific mental state required can vary depending on the nature of the drug offense charged. For example, a charge of drug possession... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Kansas on
Q: husband had an affair 5 years ago. he was a cosigner on a house mortgage with the affair partner.

What is his obligation? Is he responsible for the mortgage if she doesn't pay?

Anthony M. Avery
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answered on Sep 1, 2023

Whoever signed the Note is liable personally. If he was a cosigner then he is liable on the Note indebtedbness.

1 Answer | Asked in Products Liability for Kansas on
Q: Can I sue my electric company for shutting my power off when we have a child with a electric medical necessity paper
John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Maybe if you can show that you timely and properly notified your electric company of your child’s medical necessity and timely paid your electric bill, and if there was not any emergency that required your electric company to temporarily shut off power to your home.

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