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Kansas Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Have any info on active Kansas civil cases regarding residents fighting for right to keep backyard chickens?

I live in Park, KS (Gove county) Doing battle with city over keeping chickens. Park, rural 5 sq blocks with pop 115. Jan 2023: 37 of 68 residents signed petition to amend ordinance against farm animals ask to allow chickens. March 2023: Turned down. Discovered there was no valid ordinance.... View More

James L. Arrasmith
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answered on Oct 8, 2024

You have the right to challenge the new ordinance, especially if it was enacted after you began keeping chickens under previous permissions. Since there was no valid ordinance before and the mayor initially allowed the chickens in a pasture, you might argue that the city is acting inconsistently or... View More

Q: I filed a motion for continuance by sending it to the clerks email, she didn't file it.

I filed a motion for continuance by sending it to the clerks email, she didn't file it. I was not made aware of this until the following day. The clerk said I was not allowed to file this via email. The hearing continued without me, again, unknown by me. The reason I filed the continuance... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you may have a strong argument to appeal based on the Americans with Disabilities Act (ADA). Under the ADA, public entities, including courts, are required to provide reasonable accommodations for people with disabilities to ensure they have equal access to services. If your... View More

1 Answer | Asked in Juvenile Law, Criminal Law, Civil Rights and Education Law for Kansas on
Q: Can my juvenile son be arrested and sent to detention without having committed a crime or interrogated during intake?

He was sitting in his friends car out of the school. The principal called the police on them. THe police ended up searching the other boys vehicle and found 43 grams of marijuana bagged to sell. To which he repeated told school officials and law enforcement that it was all his and it was his... View More

James L. Arrasmith
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answered on Sep 30, 2024

It sounds like your son may have been treated unfairly, and there are several aspects of this situation that need to be looked into. While it's common for juveniles to be detained for truancy, being arrested and questioned about a crime without clear charges, especially when another person... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: Got pulled over and taken to jail but they didn’t find anything
James L. Arrasmith
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answered on Sep 30, 2024

If you were pulled over, searched, and arrested but nothing was found, it's essential to understand the legal basis for your stop and arrest. Police need reasonable suspicion to pull you over and probable cause to arrest you. Without any evidence, your arrest may raise questions about whether... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kansas on
Q: Got pulled over and searched my car and got arrested they didn’t find anything
James L. Arrasmith
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answered on Sep 30, 2024

If you were pulled over, searched, and arrested but nothing was found, it's essential to understand the legal basis for your stop and arrest. Police need reasonable suspicion to pull you over and probable cause to arrest you. Without any evidence, your arrest may raise questions about whether... View More

1 Answer | Asked in Uncategorized for Kansas on
Q: I bought a car from an individual and haven’t received the title yet so I can’t register it.can i drive it without a tag

until I get the title? or can I use another tag in my name?

James L. Arrasmith
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answered on Oct 10, 2024

Driving without a registered title and proper tags is generally not allowed and can result in fines or other penalties. Each state has specific laws regarding vehicle registration, so it’s important to check the regulations in your area.

You should contact your local Department of Motor...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Kansas on
Q: My wife and I bought an iPhone for my 12 yr old stepson. His dad doesn’t want him to have it while in his care. Ks vs Mo

His dad and mom do not get along but for tax purposes, my wife is the custodial parent even though time is split evenly. David (son) wants his phone but his dad went through it without David’s consent and took screen shots of his conversations with his mom. Nothing derogatory was in those texts.... View More

James L. Arrasmith
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answered on Sep 30, 2024

In this situation, it’s important to look at the custody arrangement and any legal agreements regarding decision-making for your stepson. While your wife may be the custodial parent for tax purposes, decisions about things like phone use can still be a shared matter, especially when time is split... View More

1 Answer | Asked in Animal / Dog Law for Kansas on
Q: can i put down my dog myself if i cant afford to have a vet do it

my dog is sick and i cant afford to pay for treatment or to put them down can i end there suffering myself

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

I wish I saw your question sooner. A Kansas attorney who has knowledge in animal/dog law should answer, but your question remains open for a month. You may have already taken action by now. Animal cruelty-related legalities aside, this is a terrible approach - if done improperly, it could cause... View More

2 Answers | Asked in Immigration Law for Kansas on
Q: I have an employee who had a pled guilty to a charge of Making false information in 2006 and is married to a US citizen

The charge was filed in the state of Kansas by HUD. I've found that I can petition to have that expunged. If the expungement is granted, will he have an issue applying for citizenship because of that felony? He has been married for 10+ years and has a 16 year old daughter with legal... View More

Yanky Perelmuter
Yanky Perelmuter
answered on Sep 27, 2024

Expungements generally do not impact immigration processes and procedures. While it might be a good idea to go through the expungement process for many reasons, an applicant for immigration benefits is required to disclose all criminal matters to DHS and USCIS. It will take a deep analysis of the... View More

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1 Answer | Asked in Communications Law and Education Law for Kansas on
Q: Can I record but not tell everyone I'm recording?

I live in Kansas and my son is having problems at school with a teacher. I'm wondering if I put a recorder in his pocket if he has to tell the teachers that he is recording this meeting.

James L. Arrasmith
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answered on Oct 11, 2024

In Kansas, you are allowed to record conversations as long as one party involved consents to the recording. This means that if you or your son are part of the meeting, you can legally record it without informing everyone else present.

However, schools might have their own policies regarding...
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1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: If police search my person after I denied consent wouldn't that then be illegal search?1
James L. Arrasmith
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answered on Sep 24, 2024

When police search you after you've denied consent, whether or not the search is legal depends on the circumstances. If they have probable cause, a valid search warrant, or if certain exceptions apply, like exigent circumstances, the search may still be lawful. Just refusing consent does not... View More

1 Answer | Asked in Criminal Law and Real Estate Law for Kansas on
Q: What can I do if neighbors acted to deprive me of real estate of which i am the lawful owner of record?

2 Neighbors put up NO TRESPASSING SIGNS on my property. The sheriff was called when i removed the signs. The two "neighbors" told the deputy that i trespassed on their property and also that i said profanity directed at them.

The first deputy took their word for it that i... View More

Anthony M. Avery
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answered on Sep 23, 2024

You have a boundary dispute. If you do not file suit, you acquiesce to the new ascertainable (signs) boundary. You have already given them leverage with the criminal charges against you, when you should have already hired a competent KS attorney to file suit.

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: Can a city owned cemetery keep me from installing a video-only device on a headstone?

Everything was taken off my grandma’s grave site and placed on top of her headstone. They were in accordance with the policies. None of the other sites around her (in clear violation) were touched. We want to be able to see if/who is vandalizing her grave. The city claims it is not their... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're dealing with a frustrating situation, and I understand why you’d want to install a video-only device to protect your grandmother's grave. City-owned cemeteries generally have the authority to enforce specific rules or policies regarding what can be placed on a... View More

1 Answer | Asked in Employment Law for Kansas on
Q: Was I wrongfully terminated?

I put in my 2 week notice through email, on 9/16, to my boss, the VP and the owner but didn’t include the division boss as he runs the northern division and isn’t in our day to day activities in the Wichita division. I was just let go today from the division boss because he was upset I didn’t... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

In almost all states, your employment is "at will" which means that you can quit or be fired without cause or notice. Just because you give 2 weeks notice does not put you in a "safe harbor" period for the 2 weeks and you can still be terminated without cause or notice by the... View More

1 Answer | Asked in Tax Law and Traffic Tickets for Kansas on
Q: Im a Kansas Resident, Can I register My Rv under a Motanta LLC and operate in Kansas and with a Kansas license.

Looking to Register My RV in Montana and store and Remain a Kansas resident.

James L. Arrasmith
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answered on Sep 18, 2024

You can register your RV under a Montana LLC while being a Kansas resident, but there are a few considerations to keep in mind. Montana allows LLCs to register vehicles with no sales tax, which is why it's a popular option for RV owners. However, Kansas law requires that vehicles owned and... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for Kansas on
Q: I would like to sue the United States government on the grounds of taxation without representation is There merit.

So in the US people have to start paying income tax their first job. These people are normally 16 but they don’t therefore they aren’t represented in congress. Another point is the fact that every politician is a millionaire and their salaries are 3 times the average American. You can’t tell... View More

James L. Arrasmith
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answered on Sep 18, 2024

Suing the U.S. government on the grounds of taxation without representation would face significant legal challenges. The Constitution allows Congress to impose taxes, and the age for voting, which grants representation, is set at 18 by the 26th Amendment. Minors, although taxed, are not considered... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Libel & Slander for Kansas on
Q: if I was held in holding for 5 days and and then jailed for a week before seeing a judge or knowing the charges.

I was detained for more then 72 hours (4-5 days) in a holding cell with no court and never told of my charges, followed by 1wk in general population before being told I was being charged with felony impersonation of a cop or bails bonds man and then spent another month or so in jail. The real... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you went through a very difficult and unfair experience. If you were held for more than 72 hours without being told of the charges against you or given a court appearance, that could be a violation of your rights. In most cases, after an arrest, you should be brought before a judge... View More

1 Answer | Asked in Uncategorized for Kansas on
Q: What are my options for a property next door that burnt and damaged my home?

Have not been able to get in touch with the property owner.

James L. Arrasmith
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answered on Sep 18, 2024

If the property next door caused damage to your home due to a fire, you may have several options to explore. Start by reviewing your homeowner's insurance policy. It could cover repairs even if the neighboring property is responsible for the fire. Filing a claim with your own insurer may be... View More

1 Answer | Asked in Civil Rights for Kansas on
Q: Can a felon own a black powder, pre 1898 antique firearm replica in Kansas?
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answered on Sep 8, 2024

In Kansas, a felon is generally prohibited from owning any firearm, including black powder and antique replicas. The laws in Kansas align with federal regulations, which restrict felons from possessing firearms, regardless of whether they are modern or antique. However, there are exceptions for... View More

2 Answers | Asked in Uncategorized for Kansas on
Q: Received payment from insurance to replace hail damaged roof money was spent on something else I have two years to

Replace the roof. The house is half paid for bank had to endorse the check also.if unable to replace roof or have the money will I be in trouble legally

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2024

If another claim needs to be made in the future - and the carrier determines that damages in a new claim were related to failing to make original repairs covered in the claim by their check, it could result in a denial. Good luck

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