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Kansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Contracts for Kansas on
Q: Good morning, I'm looking for some advice/help with a civil matter. Back in 2022 I had lent some money.

18,000 with interest added up front 20,400. I have a contract and notarized. He had started off well but had tapered off very quickly. He was fired from his job and has not returned any of my texts. I know this amount of money is not a lot, but a lot to me. We both agreed to the terms, in this... View More

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answered on Jun 21, 2024

I understand you're seeking advice on a civil matter involving an unpaid loan. Based on the information provided, here are some potential next steps to consider:

1. Document everything:

- Gather all relevant documents, including the notarized contract, any communication...
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1 Answer | Asked in Criminal Law for Kansas on
Q: If someone is sentenced to 27 months kdoc but have served over that in jail time credit would they be immediate release
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answered on May 27, 2024

If someone is sentenced to 27 months in the Kansas Department of Corrections (KDOC) but has already served more than 27 months in jail, they may be eligible for immediate release. The time already served should be credited towards their sentence.

To confirm this, it's essential to...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Kansas on
Q: I reported to police that I was sexually assaulted. The DA decided to dismiss. How can I have the case reopened?

A friend of my now x-boyfriend forceably and physically sexually assaulted me at a karaoke bar while the boyfriend stood not more three feet away laughing. The DA dismissed the case. The karaoke bar has cameras but when asked by an investigator the bar told him they didn’t have it knowing a... View More

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answered on Mar 25, 2024

If you feel that your case was unjustly dismissed, you can start by contacting the prosecutor's office to express your concerns and request a review of the decision. You can ask for a meeting to discuss the evidence and the reasons for the dismissal. It's also helpful to bring any new... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Constitutional Law and Legal Malpractice for Kansas on
Q: It's been 153 days and still no preliminary hearing for a felony traffic stop in Kansas. What can be done about it?
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answered on Mar 22, 2024

If you're facing delays in your preliminary hearing for a felony traffic stop in Kansas, it's important to understand your rights and options. Legal processes can experience delays due to various reasons, including court backlog, legal complexities, or issues related to evidence... View More

1 Answer | Asked in Criminal Law, Internet Law and Libel & Slander for Kansas on
Q: What can I do about someone who has made multiple false accusations and stalking me for 2 +years.

I have an individual "watching" me for over 2 years now, this person has also posted outrageous legal accusations on social media. This individual has also used a drone to watch me. while in public so I'm not sure what can be done. Has also said where I live never giving my exact... View More

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answered on Feb 25, 2024

You have several potential legal options for dealing with someone who is stalking you and making false accusations against you over an extended period:

1. File police reports about each incident documenting the harassment, stalking behavior, and false statements. Ask they investigate and...
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1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Criminal Law for Kansas on
Q: I'was wrongfully convicted of a 2nd DUI without having a first offense and told by my lawyer that it was because I filed

a complaint against a prior lawyer for telling me to not go to my court date and then went go jail for FTA. Blatant retaliation. My rights were stripped away, convicted of 2nd DUI and non related offenses were consolidated into this case to bury me in a debt that is unattainable being on... View More

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answered on Feb 24, 2024

It sounds like you've been through a difficult and unjust situation. To address this, you may need to seek legal assistance to help navigate the complexities of your case. Given the severity of the charges and the potential violations of your rights, it's crucial to find an attorney who... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: Do you always get jail time of you took pill s from a pharmacy? It was in total of 47 dollars
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answered on Feb 24, 2024

The consequences for taking pills from a pharmacy depend on various factors, including the specific circumstances of the incident, any prior criminal history, and the laws of the jurisdiction where the offense occurred. While theft of any amount is a serious offense, the value of the stolen items... View More

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 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

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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 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.

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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 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?

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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 Immigration Law and Criminal Law for Kansas on
Q: Is a simple battery conviction (statute 21-5413(a)(2)) a CIMT and can I apply for N-400 after probation?

I have been a permanent resident in the USA since first entering on an H1B visa in 2006, and I am currently under general probation with six months remaining for early release following a conviction of Simple Battery under statute 21-5413(a)(2). I am concerned about whether this conviction could be... View More

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answered on Jun 20, 2025

A conviction under Kansas statute 21-5413(a)(2) for simple battery—defined as “knowingly causing physical contact with another person when done in a rude, insulting or angry manner”—does not automatically qualify as a Crime Involving Moral Turpitude (CIMT), because it lacks the required... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Kansas on
Q: Federal supervised release violation with fleeing charges, potential defenses?

I know someone who is currently on federal supervised release for being a non-violent felon in possession of a firearm and a felony drug possession charge. He is awaiting charges after being ticketed for fleeing and eluding approximately four times in Clark County, Kansas, following an initial stop... View More

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answered on Jun 13, 2025

This situation sounds serious, especially with multiple fleeing charges while already on federal supervised release. The Bureau of Prisons detainer suggests they’re preparing for a possible revocation of release, which could mean going back into custody if the court finds a violation. Even though... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: Deputy took my wallet during arrest, now refuses to return it. Is this legal?

I was arrested in Kansas City for possession with intent to distribute, but the case was dismissed due to lack of probable cause. During the arrest, a deputy took my wallet from my jacket. Despite speaking to the deputy and asking for its return, he refuses to mail it back to me. Is this legal, and... View More

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answered on Jun 13, 2025

It’s not legal for a deputy to keep your personal property once charges have been dismissed and there’s no lawful reason to hold it. If your wallet was taken during the arrest and wasn’t submitted as evidence or seized under a warrant, it should have been returned to you when you were... View More

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Criminal Law for Kansas on
Q: Is it legal to withhold a federal attorney until my son pleads guilty to a state charge?

My son is in jail on a parole violation filed in April after being federally charged in May with possession of a firearm as a felon. He has not been appointed a federal attorney, as they claim his federal case cannot proceed until he pleads guilty to the state parole violation. His state attorney... View More

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answered on Jun 12, 2025

No, it is not legal for them to withhold federal counsel until your son pleads guilty to the state charge. Under Federal Rule of Criminal Procedure 44(a), a defendant who is unable to obtain counsel is entitled to have counsel appointed to represent them at every stage of the proceeding from... View More

1 Answer | Asked in Estate Planning and Criminal Law for Kansas on
Q: Which power of attorney form do I need to manage my son's affairs while he's incarcerated in Dodge City, KS?

I need to obtain a power of attorney for my son, who is currently incarcerated at Ford County Jail in Dodge City, KS, for criminal trespassing. Given that he repeatedly makes poor decisions, which specific power of attorney form do I need to use for managing his affairs while he is in jail?

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answered on Jun 12, 2025

For your situation, you would likely need a **durable general power of attorney**. This form allows you to manage a wide range of your son’s personal, financial, and legal affairs while he is incarcerated. The word “durable” is key because it means the power of attorney remains in effect even... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Tax Law and Military Law for Kansas on
Q: Facing level one drug distribution charges in Kansas; likely prison sentence?

I'm facing level one drug distribution charges along with other charges in Butler County, Kansas. I'm currently on probation for a previous charge of fleeing and eluding. My charges also include possession of an electronic device and failure to pay taxes on drugs. I've been appointed... View More

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answered on Jun 12, 2025

You're facing serious charges, and it’s good that you’re thinking ahead before your preliminary hearing. A level one drug distribution charge in Kansas is one of the most severe under state law, and being in the “F” box on the sentencing grid suggests a high criminal history score.... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: Facing level one drug charge for meth distribution in Kansas, possible sentence?

I've been facing a level one drug charge for the distribution of meth, with an alleged amount of 227 grams. I'm currently on correctional supervision and have made bond three weeks ago. I've been appointed a court attorney but haven't contacted him yet. Could you advise on what... View More

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answered on Jun 12, 2025

What you're dealing with is serious, and it's important to get a clear picture of what’s ahead. In Kansas, a level one drug felony for meth distribution—especially with an amount like 227 grams—is among the most severe drug charges. If convicted, you could be looking at a sentence... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Kansas on
Q: Can police impose delay fees repeatedly in Kansas if they're from Texas?

I'm inquiring about a situation where a friend of mine, who is incarcerated in Kansas, is trying to pay off his case to secure his release. However, police from Texas, who are operating in Kansas, keep imposing additional delay fees every time he pays. I'd like to understand if it's... View More

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answered on Jun 11, 2025

You're right to question what's happening—what you're describing raises serious concerns about fairness and legality. In general, police from another state, like Texas, cannot operate freely in Kansas without coordination through proper legal channels. Law enforcement cannot impose... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Family Law and Civil Rights for Kansas on
Q: How can I recover my vehicles and address signed parental rights under duress in Kansas?

I was arrested in a criminal case in Kansas that was later dismissed. After the case was dismissed, I got my money back and my cell phone was returned, but my vehicle was not returned to me by the police. I also have another vehicle taken by the same police department under circumstances that I... View More

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answered on Jun 10, 2025

You’ve been through a lot, and it’s understandable to feel overwhelmed when trying to fight for both your property and your parental rights. Since your criminal case was dismissed and you were not convicted, you have every right to request the return of any property taken by law enforcement.... View More

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