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Kansas Questions & Answers
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 Child Custody and Family Law for Kansas on
Q: Can they keep somebody away from their child and keep them from living with their spouse and stepchildren

With this kind of case Agg. Indecent Liberties,chld<14; off>=18,lewd f/t

T. Augustus Claus
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answered on Aug 1, 2023

In cases involving serious criminal charges like Aggravated Indecent Liberties, which involve offenses against minors, the court may take certain measures to protect the safety and well-being of the child involved. This could include restraining orders or other protective orders that limit contact... View More

2 Answers | Asked in Personal Injury for Kansas on
Q: can an employer blame a new injury on an old injury
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

This is common. I covered this issue in an industry trade magazine in an article, "Who Caused Your Injury?" The setting was a Fifth Circuit case involving a chief engineer on a 103-foot towing vessel. But the general principle could arise in many settings.

"WHO CAUSED YOUR...
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1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Kansas on
Q: Kansas ticket for no proof of insurance got insurance but the City attorney says not at the time of the ticket just the

Insurance and said covered 24 hours but the attorney said no $500 because not at that exact time is that legal?

T. Augustus Claus
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answered on Jul 25, 2023

Kansas, like in many other states, the law requires drivers to carry proof of insurance at all times while operating a motor vehicle. If you were issued a ticket for no proof of insurance and you did not have the required proof at the time of the traffic stop, it may be challenging to contest the... View More

1 Answer | Asked in Land Use & Zoning for Kansas on
Q: If I lease ground to someone else and there cattle get hit buy a car , do I have any legal exposure being only the land
T. Augustus Claus
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answered on Jul 21, 2023

As the landowner who leased the property to someone else, you may have limited legal exposure if someone else's cattle get hit by a car on the leased land. Typically, the liability for such incidents would fall on the person who possesses or controls the property at the time of the accident,... View More

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Kansas on
Q: My husband moved to Florida we are not legally separated so could I file for divorce and bankruptcy at the same time?

If I file for bankruptcy and he gets very upset and filed for divorce how would that affect my bankruptcy? Can he try to get me to pay the debt in the divorce?

Sonya Jackson
Sonya Jackson
answered on Jul 14, 2023

You can file your bankruptcy case and your divorce case on the same day. However, from a practical perspective, it may make more sense to get your bankruptcy behind you before filing for divorce. This is because, by having the debt discharged before the divorce, you reduce the number of issues that... View More

1 Answer | Asked in Employment Law for Kansas on
Q: My employer is requiring me to travel for a conference. What travel time should be paid?

I will be traveling from KS to FL. It will be approximately 12-15 hours of travel time in 48 hours, in addition to an 8 hour conference. This is a required event. The first half of the trip will be during work hours, the second half after the conference will not be. How much of this travel time, if... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Well, in THEORY, the travel time is working time and your are entitled to be paid for it. In practice, the best thing for you to do is to discuss this with your employer beforehand and have an agreement as to how much you will be paid. Consider, how much would you have been paid if you were... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Kansas on
Q: For almost a year, my apartment complex has not fixed the gate at our complex. Are they liable for my stolen car?

When I applied for a lease at my "gated" community apartment complex, they had a working gate where a fob or a number code was needed to get in. When I moved in, the gate was removed for repairs and has not been replaced in about a year. Recently, my car was stolen. The apartment has... View More

T. Augustus Claus
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answered on Jul 7, 2023

Property owners have a duty to maintain a reasonably safe and secure environment for their tenants. If it can be demonstrated that the apartment complex failed to fulfill this duty by not repairing the gate, not fixing the cameras, and not notifying tenants of known vulnerabilities, they may... View More

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1 Answer | Asked in Divorce and Family Law for Kansas on
Q: Ex-wife refuses to pay bills whats my next step?

Judge ordered my ex-wife to pay the electric bill in my name she ran up to 2400$, 1/2 of the phone bill and to sue her ex boyfriend for taking my USMC Items. What's my next step?

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Don’t fall in the trap of paying the electric bill or her half of the phone bill.

Let the utility provider discontinue service.

Then get new electric service only for your separate residence with a different electricity provider and new cell phone service only for your own cell...
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1 Answer | Asked in Land Use & Zoning for Kansas on
Q: Internet co. Installed 3ft high box on property w/o consent or notice. What are my options to remove or be compensated?
John Michael Frick
John Michael Frick
answered on Jun 7, 2023

IMO the first thing you need to do is to determine if your property has a utility easement (most do) and if the box installed by the internet provider is within the easement (sometimes, they do make mistakes).

If the box falls within a utility easement, you most likely can't do...
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1 Answer | Asked in Traffic Tickets for Kansas on
Q: I just got a 4th driving while suspended.im a habitual.im self employed and have to drive for work. What will happen
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Being issued a license to drive and driving on state and federal highways is a privilege, not a right. You can lose that privilege if you are a habitual offender and the state revokes your license. Being self employed, or needing to drive for work is not a defense to habitual offenses. Any... View More

1 Answer | Asked in Insurance Bad Faith and Bankruptcy for Kansas on
Q: My insurance company filed bankruptcy and left me with a $22,000 bill. The Receivership denied my claim

Because the hospital failed to provide information in a timely manner. What should I do?

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

A Kansas attorney could advise best, but your question remains open for four weeks. You may need to consult with a local attorney on this, but you could first reach out to the Kansas Department of Insurance to see if they could offer guidance. Departments of insurance nationwide monitor and oversee... View More

1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Kansas on
Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?

i turn 17 in november, and am adopted.

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: When would the statute of limitations begin the date the doctor committed the first act of malpractice

Or if the doctor attempted to cover up his mistake and it was not found until later date would that date be considered the start of the time for limitations?

David Adams
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David Adams
answered on Apr 25, 2023

As a general rule, the two year statute of limitations starts to run from the first day that the injured person could have reasonably discovered that the negligence occurred. If the doctor covered up his negligence, then there is likely a strong argument that the two years does not start to run... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: I broke my ankle going down the stairs at my friends place. Should their insurance cover that?
David Adams
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David Adams
answered on Apr 9, 2023

Their insurance should have to cover if the home owner (or renter) caused some kind of dangerous condition to cause your fall. If the fall was your fault and there was nothing wrong with the stairs, then you would likely not have a cause of action that would make their insurance liable. Best to... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: My mom had a hysterectomy and surgeon perforated her small bowel. She went septic. Could this be malpractice?

My mom had a hysterectomy and the surgeon perforated her small bowel . Afterwards she went septic and into organ failure. She has had multiple surgeries and is leaking bile . Could you please advise ? Thank you

Joel Gary Selik
Joel Gary Selik
answered on Apr 8, 2023

Yes, it could be malpractice. Perforation of the bowel can happen with, or without malpractice. A perforation alone does not indicate malpractice.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to...
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1 Answer | Asked in Car Accidents for Kansas on
Q: I've been served papers for a car wreck from 2017 and looking to get support for video court

It says it's a default case and I do not remember being served the papers in 2019

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2023

A Kansas attorney could advise best, but your question remains open for two weeks, and it looks like time is of the essence in your handling of the matter. No one here could evaluate the validity of the service based on your recollection - it would come down to affidavits from the process server... View More

1 Answer | Asked in Criminal Law for Kansas on
Q: In Kansas City, Kansas, is it illegal to say "George Washington" without saying "blessed be his name" afterwards?
John Michael Frick
John Michael Frick
answered on Mar 31, 2023

There is an old city ordinance which has not been enforced in Kansas City in a very long time that provides for a fine of fifty cents if you do.

One of the reasons many elected officials promote "Sunset" laws is that originally laws, ordinances, and regulations were passed with no...
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1 Answer | Asked in Insurance Bad Faith for Kansas on
Q: bad faith insurance

my car was stolen in august and recovered 3 days later. i had comprehensive coverage and never recieved a rental and it took 6 months before they finally accepted the claim. i havent been able to work for those 6 months and during EUO the documents they showed me had been alterd. can i sue for all... View More

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2023

A Kansas attorney could advise best, but your question remains open for three weeks. If the alterations you mention were material to the processing of the claim, that could be bad faith. EUOs are conducted under oath and they should reflect the facts without material alterations. One would need to... View More

1 Answer | Asked in Federal Crimes for Kansas on
Q: Why would they(US MARSHALL'S take someone from Missouri straight to usp Leavenworth without charges been filed
James L. Arrasmith
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answered on Mar 19, 2023

The US Marshals Service is responsible for various law enforcement activities, including apprehending fugitives, protecting federal officials, and transporting prisoners. If someone is taken into custody by the US Marshals, they may be transported to a federal prison, such as the United States... View More

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