Kansas Criminal Law Questions & Answers

Q: Bayview loan servicer not applying payments

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for Kansas on
Answered on Jan 30, 2019
Timothy Denison's answer
Hire a mortgage defense lawyer and let him handle it for you. You may have several options.

Q: While on community corrections can i get credit for time being supervised if my probation was revoked and I go to prison

1 Answer | Asked in Criminal Law for Kansas on
Answered on Nov 29, 2018
Bernard Crane's answer
If I understand your question, I think you are asking if the time you spend on probation counts against the time you might have to serve if the probation is revoked.

The answer might be different in different jurisdictions, but in any jurisdiction I am familiar with, the answer is no.

If you are sentenced to three years in prison with all of it suspended and you are put on three years probation, and you mess up and get your probation revoked on the LAST day of your three year...

Q: Will pre-trial diversion affect my chance at renewing DACA?

1 Answer | Asked in Criminal Law and Immigration Law for Kansas on
Answered on Aug 3, 2018
Hector E. Quiroga's answer
Any time a court places a restriction on you, the government considers that a conviction for immigration purposes. In your case, the requirement to participate in this diversion program was a restriction, so for immigration purposes you have been convicted. It will have an impact on your DACA renewal. You’ll want to consult with an immigration attorney to see what your options are.

Q: What is the threshold amount for a theft to become a federal crime? Is it possible to know if federal charges are pendin

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Answered on Jul 20, 2018
Gary Kollin's answer
Since I answered the former question using the word "threshold" I know you are the same person.

Was there federal jurisdiction? Does the defendant have a criminal history? Did it occur over state lines? There are so many factors.

I suggest you consult directly with a criminal defense lawyer

Q: Is theft a federal crime?

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Answered on Jul 19, 2018
Gary Kollin's answer
Generally, before the federal authorities become involved in the prosecution in individual cases. There usually is a threshold amount unless the theft is committed on federal property.

Q: Can you be charged with possession with tempt if there is no drug charges being brought

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Kansas on
Answered on May 29, 2018
Gary Kollin's answer
What is possession with "tempt"? An what do you mean no drug charges being brought?

Q: Does my aunt need to appear in court or can she just pay a fine? What are the possible penalties?

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Kansas on
Answered on Jan 9, 2018
Roger Carl Algase's answer
Before doing anything else, your aunt needs to consult with an immigration lawyer who is experienced in both criminal law and deportation law. This is a situation that could very possibly lead to serious problems for her.

Q: Can I be prosecuted for a law broken allegedly in Missouri prosecuted in Kansas for it

1 Answer | Asked in Criminal Law for Kansas on
Answered on Nov 22, 2017
Michael Duma's answer
No, unless the commission of the crime extended into Kansas. For instance, if you took the stolen property into Kansas and possessed it there knowing it to have been stolen.

Q: I have a 20 year old class C felony for forgery is it possible to get my file sealed or an expungement

1 Answer | Asked in Criminal Law for Kansas on
Answered on Oct 30, 2017
Michael Duma's answer
Absolutely, provided that you have been off probation for three years and do not have any pending or recent charges. What County?

Q: Can I get charged dropped?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Oct 24, 2017
Michael Duma's answer
I would call a lawyer immediately and make no statements to your resource officer or any other law enforcement or school officials.

Q: How long after arraignment will my fiance be on trial? Its a felony drug case and he is being held in county.

1 Answer | Asked in Criminal Law for Kansas on
Answered on Oct 18, 2017
Michael Duma's answer
In Kansas, arraignment in a felony case occurs after a defendant is bound over at preliminary hearing. The speedy trial statute requires he be tried within 150 days if he is in custody. However, this time may be expanded if the defendant files motions or takes other actions which cause a delay. Things which also effect the time a defendant is brought to trial include the court's calendar, the complexity of the case, the time necessary for the defendant's counsel to prepare, necessary motions,...

Q: Can someone be charged for theft of a stolen item, even if that person does not have, nor has ever been seen with item?

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
Answered on Oct 6, 2017
Michael Duma's answer
Yes. It is not necessary for that person to currently possess the item in order to have stolen it. That person could have stolen the item and subsequently resold or otherwise disposed of it. Thus, it is possible to be charged with theft even if the defendant does not “have” the item.

Q: My husband opened and used a credit card account in my name, without my consent. What can I do?

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on
Answered on Sep 26, 2017
Brian Leininger's answer
Assuming you want him to be criminally prosecuted for it, gather all of the papers you have regarding this account and go to your local police and make a police report.

Q: can a court appearance for Misdemeanor B (susp lic.-CA State) in Kansas driving be done by phone or paid for?

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on
Answered on Sep 18, 2017
Brian Leininger's answer
The driver, or an attorney on her behalf, will need to appear in court. Find a lawyer in the county where this occurred or nearby.

Q: If I successfully completed diversion for a criminal misdemeanor in Kansas back in 2011, am I still convicted?

1 Answer | Asked in Criminal Law and Employment Discrimination for Kansas on
Answered on Aug 15, 2017
Michael Duma's answer
If you successfully completed diversion and your case was dismissed then the answer is no, you do not have any convictions.

Q: Can someone be charged with distribution of heroin or methamphetamines because of text messages.

1 Answer | Asked in Criminal Law for Kansas on
Answered on Aug 11, 2017
Michael Duma's answer
Text messages can certainly be used as evidence that someone distributed a drug or had the intent to do so, and therefore can be the basis for filing criminal charges. However, I would say that it is rare to see someone charged with distributing drugs based on text messages alone. If drugs are discovered, that is a different story.

Q: What is the sentence for felony selling of your prescription pain killers?

1 Answer | Asked in Criminal Law for Kansas on
Answered on Aug 10, 2017
Michael Duma's answer
In Kansas, sentencing for felony offenses is dictated by your criminal history and the classification of the offense. For a Kansas sentencing grid, you can visit the criminal defense section of my website and find it at the bottom under resources. http://www.dumalawoffices.com/criminal-defense.html. You can also visit the Kansas sentencing website at https://sentencing.ks.gov/forms

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