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Kansas Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: Civil Rights Lawsuit and Sealed/Expunged Criminal Case Records.

How can a civil defense counsel include sealed criminal case documents as exhibits in their motion to dismiss to the court. They included an arrest warrant, search warrant, affidavits as exhibits from my criminal case that was dismissed and expunged. They knew my criminal record was sealed and... View More

James L. Arrasmith
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answered on May 24, 2024

Including sealed or expunged criminal case documents in a civil defense motion to dismiss is generally not permissible, as these records are meant to be confidential. If your criminal record was sealed or expunged, the defense counsel should not have used these documents as exhibits in their... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Kansas on
Q: I was arrested for driving while suspended but my license is valid and has been. What do I do?

I was pulled over by an officer because he said I was doing 40 in a 25 but was approaching a 40 mph sign when pulled over, like 10 yards from it tops. The officer takes my ID and insurance and then comes back and said he was arresting me for driving while suspended. I told him I know I wasn't... View More

James L. Arrasmith
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answered on May 1, 2024

If your license was valid at the time of your arrest and remains so, you should first gather any evidence that confirms this status. This includes screenshots or printed confirmation from the state app showing your license was active and any related paperwork. It's also useful to have a record... View More

2 Answers | Asked in Contracts and Constitutional Law for Kansas on
Q: Can a city government stop doing business with a newspaper because it does not like a story about it?

The mayor of my town has recently announced that the city will no longer do business with the local paper because he did not like an article about a city council meeting.

James L. Arrasmith
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answered on May 1, 2024

In general, a city government's decision to stop doing business with a newspaper due to dissatisfaction with its coverage can raise significant legal and ethical concerns. The key issue here revolves around the First Amendment, which protects freedom of the press. This protection is designed... View More

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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?
James L. Arrasmith
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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

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

James L. Arrasmith
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answered on Feb 22, 2024

If you're encountering demands from Social Security Disability examiners in Kansas that you find unethical or in violation of your rights, especially demands you cannot meet due to your disability, it's important to address this issue promptly and effectively. First, document all... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Kansas on
Q: I was took in for questioning yesterday. Do they record this? There was cameras in the room but not sure if they was rec

Upon getting questioned the sheriff told me they was paying for my vehicle to get towed. Now I have to pay it. Is this legal? Can she lie like this?

James L. Arrasmith
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answered on Jan 11, 2024

In many police departments, interrogations and questioning are recorded, either through audio or video equipment. If there were cameras in the room, it's likely the questioning was recorded. You have the right to request a copy of this recording, especially if it pertains to your case or any... View More

1 Answer | Asked in Cannabis & Marijuana Law and Constitutional Law for Kansas on
Q: I have a medical marijuana card. I'm in the worst district with the worse judge. I have a good recommendation from my PO

But I've been sick and only had four business days to find an attorney. Any advice? The violation is for marijuana

James L. Arrasmith
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answered on Dec 17, 2023

If you're facing legal issues related to marijuana despite having a medical marijuana card, it's important to seek legal representation as soon as possible. Given that you've had limited time to find an attorney due to illness, you might want to request a continuance from the court.... 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
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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

2 Answers | Asked in Constitutional Law for Kansas on
Q: Does the first amendment protect protesters who are camping on public property as a demonstration of their protest?
James L. Arrasmith
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answered on Oct 15, 2023

The First Amendment to the U.S. Constitution protects the rights of individuals to assemble peaceably and to petition their government. However, while the act of protesting is protected, the method of protest, such as camping on public property, might not always be. Governments can place reasonable... View More

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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 Constitutional Law and Legal Malpractice for Kansas on
Q: Detective came to home to search after bf was arrested w narcotics at separate location does this violate 4th amendment?

my boyfriend was pulled over and arrested with narcotics around 430pm. two detectives them came to my house requesting to search saying that they “knew there had to be more narcotics here than what he was caught with.” one detective said to me that “i can either give them permission to search... View More

James L. Arrasmith
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answered on Jun 15, 2024

The situation you described raises significant concerns regarding potential violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures. The detectives' approach to obtaining your consent for the search could be considered coercive, particularly given... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: What are some key cases establishing joint operations between two agencies and independent actions, esp. during searches

Looking to find cases that establish how courts determine whether or not two, or more, law enforcement agencies are acting in a joint operation OR if one (or more) of these agencies acted independently? Basically, LEA (law enforcement agency) A conducted a search warrant and let LEA B know that... View More

James L. Arrasmith
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answered on Jun 10, 2024

Understanding how courts determine whether law enforcement agencies are acting jointly or independently during searches is crucial. A key case in this area is **United States v. Reed**, 15 F.3d 928 (9th Cir. 1994). In this case, the court considered whether multiple agencies were operating as a... View More

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
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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, Real Estate Law, Traffic Tickets and Constitutional Law for Kansas on
Q: When charged in Kansas and elements of the statue are missing from what happened

My attorney has not been able to get my discovery and this case is 8 months old he tells me that the courts won't talk to him maby because he is from out of town. He says the only way he believes I can get the discovery is if I fill out a application for Diversion. I told him I believe the... View More

Anthony M. Avery
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answered on Mar 22, 2022

It sounds like your attorney is doing his job. Either plead guilty or start preparing for Trial, and a possible appeal. It does not appear that further Discovery will help any more than what you already know.

1 Answer | Asked in Constitutional Law, Libel & Slander and Personal Injury for Kansas on
Q: How do I file a motion for abduction prevention act
Tim Akpinar
Tim Akpinar
answered on Jun 27, 2021

A Kansas attorney could advise best, but your question remains open for two weeks. At this point, it could be worth considering reaching out to Kansas attorneys to discuss. The format here is basic, general questions. When it comes to filing motions and other more complex elements of actual... View More

1 Answer | Asked in Constitutional Law for Kansas on
Q: what does it mean to “affirm with like effect”?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2020

A Kansas attorney could advise best, but your question remains open for five weeks. As a GENERAL matter, the passage could arise in the context of having conscientious scruples against taking an oath, but a Kansas attorney should advise on exactly what it could mean in your particular situation.... View More

2 Answers | Asked in Immigration Law, Constitutional Law and Gov & Administrative Law for Kansas on
Q: What type of application I need to submit to get my citizenship?

We immigrated to the USA and then my family got their citizenships after 5 years, but at that time I was under 18 and I wasn’t able to get mine, according to the lawyer who filed my parent’s citizenship application. But I got a US passport using my parent’s citizenship. Now I’m 23 and I... View More

Amanda B Cook
Amanda B Cook
answered on May 19, 2020

That doesn't make any sense. You were likely included on your parents' application and are a citizen, but just mistaken. You should file a FOIA request to find out what's really going on, through a lawyer.

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1 Answer | Asked in Civil Rights, Constitutional Law and Immigration Law for Kansas on
Q: Hello my brother is in jail police arrest him for 5 chargers like false documents ,been ilegal ,cros the border ?

The cuestion is can you guys help or do something he still waiting hes sentence ?he went to mexico and come back he had deportation order before he change his name how could you help ?he is on Missouri i what you to know he is sick so he need surgery he is on pain he is been here caming and going... View More

Gary Kollin
Gary Kollin
answered on Aug 14, 2018

Hire an attorney for him

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