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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

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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

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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

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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

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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 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

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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.

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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?

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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 Appeals / Appellate Law, Civil Rights and Criminal Law for Kansas on
Q: Can a time-barred murder case be reopened to seek release?

I'm currently in prison for a murder case that became time-barred in 2015, and I believe it wasn't addressed properly as I was never given a plea. What are the options to possibly reopen the case and seek release?

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answered on Jul 6, 2025

In Kansas, there is no statute of limitations for murder charges, so the term “time-barred” typically does not apply to homicide cases. However, if you believe your conviction involved a constitutional violation—such as not being properly offered a plea—you may still have options under... View More

1 Answer | Asked in Criminal Law and Municipal Law for Kansas on
Q: Facing a Class A misdemeanor charge in Kansas, haven't been arrested, what to expect when visiting the police department?

I am being charged with a Class A misdemeanor in Kansas. I received my second notice about this—the first was when the police informed me of the charge on Monday. I haven't been arrested. Today, I received a paper from the municipal court, but the address listed is for the police department.... View More

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answered on Jul 6, 2025

When you visit the police department for a Class A misdemeanor in Kansas, you should expect a formal but controlled process. Even though you haven’t been arrested, it’s likely they will process you, which may include fingerprinting, photographing, and verifying your identity. This doesn’t... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: Charged with first degree murder without incident, understanding legal basis.

My girlfriend's son got into an argument with his ex-girlfriend and threatened her father through a text message. He went to her father's house and was arrested, being charged with criminal threat, possession of a firearm while intoxicated, and murder in the first degree. We understand... View More

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answered on Jul 6, 2025

A first-degree murder charge in Kansas typically requires an intentional and premeditated killing, or a killing committed during the commission or attempted commission of an inherently dangerous felony—this is known as felony murder. If no shots were fired and no one was killed during the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: Why is my son's release delayed after being found innocent of a knife incident in Kansas?

My son was arrested on July 2, 2024, for stealing Skittles from a motel snack station while homeless. He was accused of pulling a knife, but a court found him innocent of that charge. Despite being cleared of the knife incident, his arraignment for the theft charge only happened after more than a... View More

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answered on Jul 5, 2025

It can feel impossible when your son is cleared of one charge yet still behind bars, but delays often stem from court backlog and separate offenses rather than a finding of innocence.

When the knife allegation was dropped, that only resolved that count; the underlying theft charge still...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Kansas on
Q: Charged with possession of marijuana and criminal use of a weapon in Kansas. Need help.

I was pulled over with a small amount of marijuana and a legally owned Taurus G2C handgun in my vehicle in Kansas. The marijuana was in a suitcase in the backseat. I was charged with possession of marijuana and criminal use of a weapon, although I was not under the influence at the time and I was... View More

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answered on Jul 5, 2025

You’re facing two distinct charges—possession of marijuana and criminal use of a weapon—both of which Kansas treats seriously, even if the circumstances seem minor. In Kansas, possessing marijuana in any amount is still a misdemeanor or felony depending on prior history. As for the weapon... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: Can a drug-related warrant be withdrawn without attending court in Kansas?

I have a warrant issued for drug-related charges because I failed to appear in court. My codefendants have already been convicted of the same crime. I currently have a lawyer, but I'm not satisfied with him. Is there any way to get the warrant withdrawn without going to court?

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answered on Jul 4, 2025

You cannot simply make a Kansas arrest warrant disappear without engaging the court that issued it.

You must either appear in the issuing court or have your attorney file a motion to recall (sometimes called a motion to quash or recall the warrant) and arrange for bond or payment of any...
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1 Answer | Asked in Immigration Law and Criminal Law for Kansas on
Q: Is a simple battery conviction (statute 21-5413(a)(2)) a CIMT and can I apply for N-400 after probation?

I have been a permanent resident in the USA since first entering on an H1B visa in 2006, and I am currently under general probation with six months remaining for early release following a conviction of Simple Battery under statute 21-5413(a)(2). I am concerned about whether this conviction could be... View More

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answered on Jun 20, 2025

A conviction under Kansas statute 21-5413(a)(2) for simple battery—defined as “knowingly causing physical contact with another person when done in a rude, insulting or angry manner”—does not automatically qualify as a Crime Involving Moral Turpitude (CIMT), because it lacks the required... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Kansas on
Q: Federal supervised release violation with fleeing charges, potential defenses?

I know someone who is currently on federal supervised release for being a non-violent felon in possession of a firearm and a felony drug possession charge. He is awaiting charges after being ticketed for fleeing and eluding approximately four times in Clark County, Kansas, following an initial stop... View More

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answered on Jun 13, 2025

This situation sounds serious, especially with multiple fleeing charges while already on federal supervised release. The Bureau of Prisons detainer suggests they’re preparing for a possible revocation of release, which could mean going back into custody if the court finds a violation. Even though... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: Deputy took my wallet during arrest, now refuses to return it. Is this legal?

I was arrested in Kansas City for possession with intent to distribute, but the case was dismissed due to lack of probable cause. During the arrest, a deputy took my wallet from my jacket. Despite speaking to the deputy and asking for its return, he refuses to mail it back to me. Is this legal, and... View More

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answered on Jun 13, 2025

It’s not legal for a deputy to keep your personal property once charges have been dismissed and there’s no lawful reason to hold it. If your wallet was taken during the arrest and wasn’t submitted as evidence or seized under a warrant, it should have been returned to you when you were... View More

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