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Kansas Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on

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 answered on Jul 20, 2018

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...
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Kansas on

Q: Is theft a federal crime?

Is it a federal crime to steal something from a store and return it for a non receipt transaction and receive a gift card? What if two different states are involved?

Gary Kollin answered on Jul 19, 2018

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.

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Kansas on

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

Gary Kollin answered on May 29, 2018

What is possession with "tempt"? An what do you mean no drug charges being brought?

2 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for Kansas on

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

My aunt who is an illegal immigrant got pulled over for going 45 in a 35. The officer gave her a warning for speeding but gave her a slip that says she has to appear in court for driving without a driver’s license. This is her first time getting in trouble for anything. Because she is a single... Read more »

Roger Carl Algase answered on Jan 9, 2018

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.

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1 Answer | Asked in Criminal Law for Kansas on

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

Michael Duma answered on Nov 22, 2017

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.

1 Answer | Asked in Criminal Law for Kansas on

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 answered on Oct 30, 2017

Absolutely, provided that you have been off probation for three years and do not have any pending or recent charges. What County?

1 Answer | Asked in Criminal Law for Kansas on

Q: Can I get charged dropped?

Currently am awaiting a citation/ticket from my school officer about MIP of tobacco products. I was caught with an electronic cigarette that requires a pod that you fill with your own nicotine liquid. I did not have a pod with me only the base. They found it in a ziploc bag that smelled "sweet". So... Read more »

Michael Duma answered on Oct 24, 2017

I would call a lawyer immediately and make no statements to your resource officer or any other law enforcement or school officials.

1 Answer | Asked in Criminal Law for Kansas on

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

We just really need to know whats going to happen. cause if he isnt getting out, there is alot to start taking care of. so we cant sit here and wonder when they are even going to sentence him. Is there a certain amount of time they can legally keep him after arraignment?

Michael Duma answered on Oct 18, 2017

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.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Kansas on

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?

Local sheriff detectives are threatening to have my mom and 2 sisters arrested because an already stolen cement saw came up missing from my one sisters ex boyfriends house, whom she left after he beat her and pulled a gun on her and my other sister and her bf. Yet they are not charging him with... Read more »

Michael Duma answered on Oct 6, 2017

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.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on

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

Brian Leininger answered on Sep 26, 2017

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.

1 Answer | Asked in Criminal Law and Traffic Tickets for Kansas on

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

Person driving to move to Kentucky from California was stopped while speeding 8 mph over limit on highway 70 and given ticket, which was paid, then another ticket to appear in court for suspended Calif license. At time, she didn't know license was suspended, until stopped by KHP. She now lives in... Read more »

Brian Leininger answered on Sep 18, 2017

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.

1 Answer | Asked in Criminal Law and Employment Discrimination for Kansas on

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

I was convicted of a Class B Misdemeanor in February of 2011 in the State of Kansas. I was arrested for getting into a car that wasn't my own. I was awarded diversion since it was my first criminal offense. That said, I'm currently filling out a contractor application for FDIC, and they ask if... Read more »

Michael Duma answered on Aug 15, 2017

If you successfully completed diversion and your case was dismissed then the answer is no, you do not have any convictions.

1 Answer | Asked in Criminal Law for Kansas on

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

Michael Duma answered on Aug 11, 2017

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... Read more »

1 Answer | Asked in Criminal Law for Kansas on

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

Michael Duma answered on Aug 10, 2017

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.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Consumer Law and Contracts for Kansas on

Q: How to obtain car title or court order for a car i just purchased?

I bought a car from a guy in Kansas and i have the Bill of Sale, 2 other witnesses, registration papers, and insurance papers. I need to obtain the title but he didn't have it and to him it'll take him $200 to obtain them since he says he needs to drive to Topeka to sign papers. I call BS on that.... Read more »

Rick Davis answered on Apr 27, 2017

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:... Read more »

1 Answer | Asked in Criminal Law for Kansas on

Q: How do I get a criminal case that was dismissed over 10 year ago off of my record?

Christopher Joseph answered on Feb 15, 2017

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

1 Answer | Asked in Criminal Law, Collections, Legal Malpractice and Small Claims for Kansas on

Q: I have so many questions.

I was recently caught shoplifting at Walmart. They took down my information and told me please do not ever steal from them again and that they will not be banning me from the store and that I was free to go. I got something in the mail to pay a $150 fine and I paid it right away. Now I got another... Read more »

Brian Lehman answered on Jan 8, 2017

If you are being told to go to court, then yes you are being charged. This is not a civil case from what I can tell. Contact a criminal lawyer immediately in your area. If you go to court, do not say anything except you want a lawyer. Posting on this board is not sufficient to give you the help... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Kansas on

Q: How long does an indigent inmate in a county jail have to wait for a reduction of a bond

A friend is being told since he can't make his bond he will not be released until June of 2017. FTA..driving with no licence..

Paul Stanko answered on Nov 5, 2016

He can always demand a speedy trial.

1 Answer | Asked in Criminal Law for Kansas on

Q: How do you get a criminal record expunged from another state in the state of Kansas?

I have a felony for a Class D non persons felony. It was in 2008 that I went to prison and was out in 2010. I would like to get this off my record so that I may gain employment at a job to support my family. I used to be a CNA and I would like to go back to that job, but can't until this is off my... Read more »

Paul Stanko answered on Oct 27, 2016

If you want a conviction record expunged, you must do so in the state of conviction. Your home state does not have jurisdiction over expungement of convictions in other states.

1 Answer | Asked in Criminal Law for Kansas on

Q: In a sentencing hearing is there a time frame for a prosecutor to make a motion?

Prosecutor made a motion 2 hours before our sentencing hearing

Paul Stanko answered on Sep 24, 2016

Courts can limit timeframes for filing motions. The remedy for a tardy motion is typically a continuance.

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