Lawyers, Answer Questions  & Get Points Log In
Kansas Criminal Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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: Spouse got a bunch of credit cards in my name without me knowing
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Criminal Law for Kansas on
Q: How does culpable mental state apply to a defendant in Arkansas on a drug charge?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Criminal Law and Federal Crimes for Kansas on
Q: If u illegally shoot a gun in Kansas city Kansas do you have to register every year if so what is it called
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2023

In Kansas, individuals are generally required to have a valid concealed carry license to legally carry a concealed firearm, but there is no specific requirement to register firearms on an annual basis. However, it's important to note that firearm laws can vary based on specific circumstances... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Kansas on
Q: My son is a minor and may or may not face criminal charges. Does he need a lawyer?

The officer and the detective said the decision is up to the DA's office.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

If your son is facing potential criminal charges, it is strongly advisable to consult with a lawyer as soon as possible. Even if the decision regarding charges ultimately rests with the DA's office, having legal representation can be crucial to protect your son's rights and ensure his... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: Can the police add a criminal charge to a police report after the case has been dismissed by the judge ?

Prosecutor says disorderly conduct and domestic battery are the same charge.

What type of lawyer will I need .?

Todd B. Kotler
Todd B. Kotler
answered on Aug 8, 2023

You need a criminal lawyer who regularly practices in the charging county . . . NOW. Whether you can be charged out of conduct from which another case was dismissed depends on whether the case was tried before the court, and if not whether the dismissal was "with prejudice". This forum... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: In Kansas City, Kansas, is it illegal to say "George Washington" without saying "blessed be his name" afterwards?
John Michael Frick
John Michael Frick
answered on Mar 31, 2023

There is an old city ordinance which has not been enforced in Kansas City in a very long time that provides for a fine of fifty cents if you do.

One of the reasons many elected officials promote "Sunset" laws is that originally laws, ordinances, and regulations were passed with no...
View More

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 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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Criminal Law and Environmental for Kansas on
Q: Can you be charged a misdemeanor for not having water on? And can you be a mayor and a code enforcement officer?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2023

In Kansas, the specific laws and regulations regarding water usage and requirements may vary depending on local ordinances and circumstances. While I can't give you a straight answer on the misdemeanor charge, it's crucial to understand that local authorities may have their own rules and... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: If a defendant signs a plea bargain and. Decides they don't want. To take the plea bargain can they do that?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2023

A defendant generally does not have an automatic right to withdraw from a signed plea bargain, but the court may consider allowing withdrawal under specific circumstances. The court's decision is based on its discretion and the presence of valid reasons or considerations of justice.

1 Answer | Asked in Criminal Law and Collections for Kansas on
Q: If I'm arrested for a class a misdemeanor charge in Missouri after statue of limitations runs out will I get my bond bac
Joel Gary Selik
Joel Gary Selik
answered on Jun 25, 2023

If you post the entire bail, you get it back. If you purchase a bail bond, you get no refund.

1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for Kansas on
Q: Im on community corrections in ford county ks The urine testing procedure can not be legal!! They have an empty
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

I'm sorry, your question seems to be incomplete. Could you please provide more context and clarify your question?

1 Answer | Asked in Criminal Law for Kansas on
Q: Is it illegal for a police officer to take a screen shot of a work email and share it with a friend who reitired a cop

Would this be a computer crime or invasion of privacy

John Michael Frick
John Michael Frick
answered on Feb 9, 2023

It depends on the facts and circumstances. A lot of people take screenshots of work (and personal) emails to share with others later.

It depends on the content and why they are sharing it.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kansas on
Q: I am trying to get expunged. My probation was supervised and I got the 30 for 30 program, am I still on Probation?

I know where I am confused, due to this is my 1st offense.

I don't know if I'm still on P&P... Nor when I can start procedures to get expungement

Scott C. Stockwell
Scott C. Stockwell
answered on Aug 4, 2022

Most offenses in Kansas may be expunged if the conditions set forth in the expungement statute (K.S.A. 21-6614) are met. Depending upon the specific crime, there is a waiting period of three or five years (with a few exceptions of one, seven and ten year waiting periods) from completion of... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.