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Kansas Criminal Law Questions & Answers
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 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

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
Q: I am facing charges of domestic battery. At my first appearance can I plead that day and have court over with
T. Augustus Claus
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answered on Oct 19, 2023

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

1 Answer | Asked in Criminal Law for Kansas on
Q: It’s my first offense of theft. I have to show up to court will I get jail time for a first offense?
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answered on Oct 9, 2023

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

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on
Q: I was arrested on a warrant. My son's mother said I violated a restraining order--I didn't! How can I get out of this?

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

Todd B. Kotler
Todd B. Kotler
answered on Oct 3, 2023

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

1 Answer | Asked in Criminal Law for Kansas on
Q: Spouse got a bunch of credit cards in my name without me knowing
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answered on Sep 7, 2023

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

1 Answer | Asked in Criminal Law for Kansas on
Q: How does culpable mental state apply to a defendant in Arkansas on a drug charge?
T. Augustus Claus
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answered on Sep 1, 2023

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

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Q: If u illegally shoot a gun in Kansas city Kansas do you have to register every year if so what is it called
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answered on Aug 9, 2023

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

1 Answer | Asked in Criminal Law and Juvenile Law for Kansas on
Q: My son is a minor and may or may not face criminal charges. Does he need a lawyer?

The officer and the detective said the decision is up to the DA's office.

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answered on Aug 8, 2023

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

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 Criminal Law for Kansas on
Q: In Kansas City, Kansas, is it illegal to say "George Washington" without saying "blessed be his name" afterwards?
John Michael Frick
John Michael Frick
answered on Mar 31, 2023

There is an old city ordinance which has not been enforced in Kansas City in a very long time that provides for a fine of fifty cents if you do.

One of the reasons many elected officials promote "Sunset" laws is that originally laws, ordinances, and regulations were passed with no...
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1 Answer | Asked in Criminal Law for Kansas on
Q: if my wife is accused of theft in ks am i responsible for fines since we are married

my wifes ex employer has pressed charges for theft over 100k stating she stole from him during her employment there....if found guily and ordered to pay restitution am i legally responsible

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

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.

1 Answer | Asked in Criminal Law for Kansas on
Q: What is my remedy if the State is purposefully withholding exculpatory evidence and I can prove that?
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answered on Oct 2, 2023

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.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on
Q: I was not read my Miranda rights within 24 hours of my arrest, is the arrest and charges invalid?
John Michael Frick
John Michael Frick
answered on Oct 1, 2023

Yes, but it is likely any statement you made while in custody can’t be used against you.

They can, however, offer testimony from witnesses and other evidence to try to prove your guilt.

1 Answer | Asked in Criminal Law and Environmental for Kansas on
Q: Can you be charged a misdemeanor for not having water on? And can you be a mayor and a code enforcement officer?
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answered on Jul 18, 2023

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

1 Answer | Asked in Criminal Law for Kansas on
Q: If a defendant signs a plea bargain and. Decides they don't want. To take the plea bargain can they do that?
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answered on Jun 26, 2023

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.

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