Kansas Criminal Law Questions & Answers
Q: While on community corrections can i get credit for time being supervised if my probation was revoked and I go to prison
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...
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: caught stealing from walmart, being charged. how do i make this go away so its not on my record for military
1 Answer
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Answered on Sep 7, 2018
Answered on Sep 7, 2018
Q: Will pre-trial diversion affect my chance at renewing DACA?
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.
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
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
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?
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.
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
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Answered on May 29, 2018
Answered on May 29, 2018
Gary Kollin's answer
What is possession with "tempt"? An what do you mean no drug charges being brought?
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
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Answered on Jan 9, 2018
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.
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
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.
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
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?
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?
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.
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.
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,...
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?
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.
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
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Consumer Law, Criminal Law, Federal Crimes and Identity Theft
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Kansas
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Answered on Sep 26, 2017
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.
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?
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.
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
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Answered on Aug 15, 2017
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.
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.
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.
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?
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
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
Q: How to obtain car title or court order for a car i just purchased?
1 Answer
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Criminal Law, Federal Crimes, Consumer Law and Contracts
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Kansas
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Answered on Apr 27, 2017
Answered on Apr 27, 2017
Rick Davis' answer
The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information: http://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Quiet%20Title%20Packet.pdf. You can also hire an attorney to assist with the quiet title.
As to the cost it is hard to...
The only way to obtain a title if he doesn't provide one is to file a quiet title suit. A quiet title suit is a legal proceeding where you ask the court to declare you the owner of the vehicle. Kansas legal services has a guide on how to file these suits. Here is a link to that information: http://www.kansaslegalservices.org/sites/kansaslegalservices.org/files/Quiet%20Title%20Packet.pdf. You can also hire an attorney to assist with the quiet title.
As to the cost it is hard to...
Q: How do I get a criminal case that was dismissed over 10 year ago off of my record?
Christopher Joseph's answer
You can file a petition to expunge the arrest. Both arrests and convictions can be expunged (removed from your record). Contact an attorney for assistance with expungement
You can file a petition to expunge the arrest. Both arrests and convictions can be expunged (removed from your record). Contact an attorney for assistance with expungement
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