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Kansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on
Q: On my paperwork, they listed the completely wrong person as the victim of a burglary case stating that she was the owner

of the house and belongings. Can I file a motion to dismiss on these grounds?

James L. Arrasmith
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answered on Sep 5, 2024

It sounds like there might be an error in the paperwork for your burglary case if they listed the wrong person as the victim and owner of the property. While this mistake could be significant, it does not automatically mean that the case will be dismissed. Errors in paperwork can often be corrected... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Kansas on
Q: my house was raided because someone said I make and sell cannabis candy the police tookmy phones and it's been 139 days

I am disabled due to several TBIs. I had to have the police remove a person from my home later that night after 1am the police turned up and asked if I was making marijuana candy I said no i had no candy with anything i it in my home I did however have several batches of candies that I sell but... View More

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answered on Aug 31, 2024

Given the situation, it’s crucial to address this matter as soon as possible. First, reach out to a lawyer who can assist you in understanding your rights and the legal procedures involved. It’s concerning that your phones were taken without you being served a warrant, and the lengthy delay is... View More

1 Answer | Asked in Contracts, Criminal Law and Admiralty / Maritime for Kansas on
Q: If I do not consent can a district court in Kansas strip my natural rights and put me on trial as a legal fiction?

I wish to keep my natural rights, my status as a sentient being

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2024

This doesn't appear related to "Admiralty/Maritime" law-related, one of the posted categories. It might be closer to sovereign citizen-based principles. In terms of maritime law, law firms that practice in that area would not be likely to be able to offer guidance on these concepts. Good luck

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Internet Law for Kansas on
Q: How do get a restraining orders for cybekanr violent crimes kansas city missouri ot ex porte
James L. Arrasmith
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answered on Aug 6, 2024

To get a restraining order for cyber harassment or violent crimes in Kansas City, Missouri, start by going to the local courthouse. You can file a petition for an ex parte order of protection, which is a temporary order issued without the presence of the person you're filing against. This can... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: How is it legal for my husbands po to give permission for him to go to church then turn around and change his mind

Arrest him in the church and say that he was alone dropping off our daughter which he wasn't I was right there not update my husbands file and then the day he went to tell my husband he was sending him back to prison all of a sudden have the file updated with the dates but with some lies.. We... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like you’re going through a very challenging and frustrating situation. It's important to gather all the facts and document everything that has happened, including dates, times, and any witnesses who can support your version of events. This documentation will be crucial in... View More

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on
Q: I have a court appointment lawyer that isn't doing her job. Olathe is trying to put a case on me and I need some help.

I have stage 4 bone and breast cancer and this case is bogus

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. It sounds incredibly stressful to be dealing with legal issues while managing your health. You have the right to effective legal representation, and if your court-appointed lawyer isn't doing their job, you can take steps to address this.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: What are some key cases establishing joint operations between two agencies and independent actions, esp. during searches

Looking to find cases that establish how courts determine whether or not two, or more, law enforcement agencies are acting in a joint operation OR if one (or more) of these agencies acted independently? Basically, LEA (law enforcement agency) A conducted a search warrant and let LEA B know that... View More

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answered on Jun 10, 2024

Understanding how courts determine whether law enforcement agencies are acting jointly or independently during searches is crucial. A key case in this area is **United States v. Reed**, 15 F.3d 928 (9th Cir. 1994). In this case, the court considered whether multiple agencies were operating as a... 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 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 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: 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 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?
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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 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

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