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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.

James L. Arrasmith
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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 Family Law and Child Custody for Kansas on
Q: Can my ex pick my daughter up on my weekend per court agreement just cause I work for few hours and she’ll be with my gf

Basically when we split 6 months ago we set visitation schedule my turns were the days she worked so from 9-2pm and no over nights because of she didn’t want mt daughter around my new girlfriend. Well then she would stop letting me see her anytime I did anything she didn’t like put pics of my... View More

Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
answered on Dec 8, 2023

Typically, visitation agreements are established by court orders. If your court order doesn't explicitly prohibit your daughter from being with your girlfriend or being left with your mom during your scheduled parenting time, it's advisable to adhere to the terms outlined in the court... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Kansas on
Q: What is the public law as it relates to elected representatives, does a voter have the right or ability to engage with?

I am openly expressing my disagreement with an elected individual and currently have two ongoing lawsuits against them regarding their official role in preventing constituents from accessing government-designated social media pages. The day after the elected individual's attempt to have the... View More

James L. Arrasmith
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answered on Dec 5, 2023

In the context of public law and the rights of voters to engage with elected representatives, it’s important to understand the balance between free speech and harassment or stalking laws. As a voter, you have the right to express disagreement and criticism of public officials, especially... 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?

James L. Arrasmith
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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 Juvenile Law for Kansas on
Q: Does a parent have to continue attending juvenile probation appointments when child turns 18?

Case is a criminal trespassing and was terminated by judge last week.

T. Augustus Claus
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answered on Nov 10, 2023

a parent is required to continue attending juvenile probation appointments when their child turns 18, as long as the child is still on probation or parole. This is because parents are legally responsible for their children's behavior until they reach the age of 18. This includes responsibility... View More

1 Answer | Asked in Consumer Law for Kansas on
Q: Bought car from dealer, found out today that they lied about it not having any mods, warranty is voided. Help!

2015 Subaru WRX STI.

Eddy Chrysler Dealership Wichita, KS.

Already paid for some repairs.

James L. Arrasmith
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answered on Nov 9, 2023

When purchasing a vehicle that was represented as unmodified, and you later discover modifications that affect the warranty, it's crucial to assess the situation thoroughly. Begin by examining the purchase agreement and any statements made by the dealership regarding the condition of the car.... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Q: I’m the POA & next of kin. Mother passed away, am I responsible for planning the funeral? Family disagreement over it
William K. Hayes
William K. Hayes
answered on Nov 8, 2023

Your power of attorney terminated upon the death of your mother. Assuming that your mother had no other estate planning documents, until someone is legally appointed to represent your mother's estate, it is best that you make it a group decision regarding the planning of the funeral. If your... 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 Family Law and Real Estate Law for Kansas on
Q: What rights do I have as a joint iowner of property
T. Augustus Claus
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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

2 Answers | Asked in Constitutional Law for Kansas on
Q: Does the first amendment protect protesters who are camping on public property as a demonstration of their protest?
James L. Arrasmith
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answered on Oct 15, 2023

The First Amendment to the U.S. Constitution protects the rights of individuals to assemble peaceably and to petition their government. However, while the act of protesting is protected, the method of protest, such as camping on public property, might not always be. Governments can place reasonable... View More

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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 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 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.

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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

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?

Anthony M. Avery
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answered on Sep 21, 2023

You have a boundary dispute. If the adjoining owner puts in the line, and you do nothing, you acquiesce to the new ascertainable boundary. Hire a KS attorney to search both titles, and get a boundary line survey. You may have to sue for a boundary dispute, so put your witnesses together now.... View More

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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

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answered on Sep 19, 2023

In Kansas, as in the rest of the United States, the concept of the separation of church and state is rooted in the First Amendment of the U.S. Constitution, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."... 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

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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

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