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Kansas Questions & Answers
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 Real Estate Law and Civil Litigation for Kansas on
Q: My neighbors drove across my backyard, for over 3 years damaging the yard & making large,muddy ruts, it became a dirt rd

I contacted them when I became aware of how bad it looked, and goes straight to their door. I was met with rudeness,name calling and absolute refusal to stop

Anthony M. Avery
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answered on Nov 3, 2023

That is how prescriptive use easements are created. Hire a KS attorney to search all adjoining titles near that boundary. The look at filing for an Injunction, and possibly a Declaratory Judgment, amongst any other appropriate remedies. Time is of the essence.

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 Family Law and Real Estate Law for Kansas on
Q: What rights do I have as a joint iowner of property
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answered on Oct 17, 2023

As a joint owner of property in Kansas, you have the right to use and enjoy the property, exclude others from the property, transfer your ownership interest, and force the sale of the property if you cannot agree with the other joint owners on how to use or dispose of it. You also have the... View More

1 Answer | Asked in Real Estate Law and Family Law for Kansas on
Q: I am inquiring about my rights as a co owner of a property and house that is in mine and my siblings names

My siblings are trying to evict me out of a home we all own together ßo they can sell it and we dont wish to sell it

Anthony M. Avery
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answered on Oct 17, 2023

Tenants In Common cannot oust other TIC's from possession. You should be able to get any civil possessory action dismissed against you. A Partition Action may be needed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kansas on
Q: I got an inheritance and put the full amount given to me on a down payment for a house... I didn't have good enough cred

It to aquire the loan so my mother did it in her name. I've lived in it 8 years now and it's appreciated over $100,000 since the purchase now my mother is trying to evict me and leave me out on the street with nothing. What legal standing do I have in this matter please help me

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. If the home is in your mother's name, she generally has the legal title to the property. However, you may have an equitable interest or a claim based on several factors. One possibility is that you could argue you and your mother had an oral... 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 Family Law for Kansas on
Q: If a person has legal power of attdorney or durable power attorney does this apply when you die
John Michael Frick
John Michael Frick
answered on Oct 3, 2023

No. Any power of attorney you sign ends automatically when you die. You should have a Last Will and Testament naming an independent executor to handle your estate when you die.

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 Employment Law for Kansas on
Q: I gave my job my notice that i was leaving, a month later they 'requested' i change that date to two months sooner.

I have, in writing, my letter of resignation stating my last day would be 12/22/23. Two weeks ago my employer 'requested' that I change my last day to 11/3/23 putting an incredible financial hardship on me. Are they able to do this? Their language of 'request' was curious to me.

T. Augustus Claus
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answered on Oct 2, 2023

If you have an employment contract that specifies the terms of your notice period, your employer generally cannot unilaterally change the date. If you're an at-will employee, the employer can technically let you go at any time, but changing the date after accepting your notice may be... View More

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 Bankruptcy for Kansas on
Q: When filing for a chapter 7 bankruptcy do I need to include all vehicles that are in my name even if its not my vehicle?

When filing chapter 7 bankruptcy in Missouri must I include all vehicles that are in my name, regardless if they are mine or not? I am asking because I bought a few auction vehicles for relatives, they paid for them. I am worried that if I do they could be taken away from them during the... View More

Timothy Denison
Timothy Denison
answered on Sep 28, 2023

Yes. You must list all property owned by you or in your name.

2 Answers | Asked in Personal Injury and Car Accidents for Kansas on
Q: What if you have a complaint against your lawyer who can you talk to

I settled my case and my lawyer kept talking about Medicaid Medicare and I kept telling him that I was not on a government assistant program so now that my case is settled he's telling me that since he talked to the insurance company they said they had a lean on me and I told him that that is... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 25, 2023

The Attorney is warranted to obtain a written clearance.

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2 Answers | Asked in Real Estate Law for Kansas on
Q: Next door neighbor wants to claim about six to eight feet of our property is theirs to

...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?

Scott C. Stockwell
Scott C. Stockwell
answered on Sep 21, 2023

Adverse possession is a concept that developed in the courts. If someone conspicuously and openly occupied a property for a long period of time, making use of the property, adding improvements, etc., they were in a position of becoming an de facto owner of the property. It was unfair to allow some... View More

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2 Answers | Asked in Education Law for Kansas on
Q: in my history class we are doing a assignment about Christianity in the Middle Ages sep of school and state

does it count under separation of church and state

Todd B. Kotler
Todd B. Kotler
answered on Sep 19, 2023

Not unless the teacher is proselytizing that a particular church is the ONLY true religion.

Teaching history without talking about the broad influence of religion on the spread of political, scientific, and sociological thought would not be very effective. How does one teach the history...
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1 Answer | Asked in Tax Law and Real Estate Law for Kansas on
Q: I have a question my mom was buying a house and when she moved in it went up for back taxes in a tax sale.

We paid the back taxes in full. And never got the deed and paid the taxes every year for 13yrs and then last year the house sold out from under use with no notice

James L. Arrasmith
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answered on Sep 14, 2023

In situations where a property has unpaid taxes and goes up for a tax sale, it's crucial to follow the specific legal procedures to secure the deed and maintain ownership. If the property was sold without proper notice or due process, you should consult with an attorney experienced in real... View More

2 Answers | Asked in Child Custody and Family Law for Kansas on
Q: Does the court look at our children as our property?
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answered on Sep 14, 2023

No, the court does not consider children as property. In family law and custody matters, children are not viewed as possessions or property of their parents. Instead, the court's primary concern is the best interests of the child.

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2 Answers | Asked in Elder Law for Kansas on
Q: Can a operator of a nursing home, or a staff that works at one in Puerto Rico be the power of attorney for the resident
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answered on Sep 11, 2023

In Puerto Rico, as in many places, the rules regarding who can serve as a power of attorney (POA) for a nursing home resident can be complex, and they often involve ethical considerations and potential conflicts of interest.

Generally, it is not advisable for an operator of a nursing home...
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