Get free answers to your Criminal Law legal questions from lawyers in your area.
I was arrested on November 2017, for possession of marijuana and possession of paraphernalia. I was told to do a pre-trial diversion program, which I completed successfully last month. My charges were dismissed completely. I am renewing my DACA this month. I have consulted with my lawyer but she... View More 
answered on Aug 3, 2018
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... View More
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 defense lawyer
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?
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.
answered on May 29, 2018
What is possession with "tempt"? An what do you mean no drug charges being brought?
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... View More
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.
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.
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?
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... View More
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.
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?
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.... View More
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... View More
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.
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.
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... View More
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.
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... View More
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.
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... View More
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.... View More
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... View More
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:... View More
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
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... View More
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... View More
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..
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... View More
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.
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