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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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 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 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

James L. Arrasmith
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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.

James L. Arrasmith
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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?

James L. Arrasmith
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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 Criminal Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please exp

On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please explain clearly to me what this means: The court notes the parties' responses to the court's show cause order.

This court lacks original jurisdiction over this... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2024

This is something that a Kansas attorney must advise on, but your question remains open for a month, and you mention that it is very important to you.

I am not familiar with the structure of the Kansas court system, and I am not familiar with the citations of Kansas case law referenced...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: Can an officer in KS stop someone on the street walking and search them for what they say is safety and no explanation.

Officer stopped someone on the street who is not on probation or any kind of paper and ask if they can search. Person doesn’t consent but they do anyway.

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answered on Oct 22, 2024

In Kansas, police officers have the authority to stop and search someone on the street if they have a reasonable suspicion that the person is involved in criminal activity. This doesn't require the individual to be on probation or have any prior records. The officer must be able to articulate... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: What type of attorney do I need for the police giving favoritism in a DV case ?

Long story short,my ex and I were arrested on disorderly conduct My ex works for the prison i'm sure there was favoritism played in there somewhere the police and prosecuter never Looked at the evidence. My attorney at the time advised me to go. Make a battery report myself 4 times the police... View More

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answered on Oct 9, 2024

You should look for a criminal defense attorney who has experience with cases involving police misconduct or favoritism. These attorneys understand the complexities of the legal system and can help you navigate issues where there may have been bias or improper handling of your case.... 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

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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 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
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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 and Civil Rights for Kansas on
Q: If police search my person after I denied consent wouldn't that then be illegal search?1
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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, 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

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