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
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
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
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
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
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
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
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
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
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
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
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.
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.
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
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.
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
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