You may have been contacted by law enforcement, or a Kansas investigator. They may have even had a search warrant, or you allowed them, to take your belongings (or other "evidence"). What now? Depending on the type of accusations against you, it is possible that prosecution will never happen. However, you cannot be certain of that, in Kansas, typically for five years. The timeclock starts the day after the crime was allegedly committed.
There are instances where the Johnson County, Kansas prosecutor can charge you a beyond five years, such as:
If there are reasonable issues with identifying you, executing an arrest warrant (ex. you moved out of state), discovery of the crime, etc. there may be grace given for the time required to prosecute you. This is particularly true where you made effort conceal the crime. Remember too that if a warrant was issued, or you were indicted, simply avoiding Kansas court until the statute of limitations has expired, will not help you avoid being charged/tried for your crimes.
The Kansas prosecutor probably won't tell you that your case is stale, or that they waited too long to charge you. It is important that you talk to a skilled Kansas criminal defense attorney about your particular case. You have more questions and we have answers. Call Attorney T. Morton NOW 913-602-7288. Payment plans are available.
In Johnson County, and across the state of Kansas, you are typically brought before the court within 72 hours of your arrest. But what happens if you don't see a judge for longer than that? The short answer is, it depends. Kansas law does not explicitly address exactly how long is too long; however, it does have the standard practice of 72 hours. If you are held for days beyond that, without seeing a judge, you may make some demands of the State. Your lawyer may:
The best thing you can do if you believe that you are/were being held longer than is reasonable, such that your rights have been violated, is call a Kansas criminal defense attorney today. Attorney T. Morton can help. Call NOW 913-602-7288. Payment plans are available.
There will come a point in your criminal case that the Johnson County, Kansas prosecutor may offer you a "plea deal". That means that you will plead (guilty or no contest) to a lesser crime, and in exchange receive a lesser sentence. Here are some things you will want to consider before accepting a deal:
We can help you understand your plea agreement and determine if it is your best interest. Call Attorney T. Morton NOW 913-602-7288. Payment plans are available.
You are innocent until proven guilty, in Johnson County, Kansas and across the nation. You are also presumably eligible for bond (bail). Not just any bond amount, a bond that is reasonable. Some Kansas courts will suggest that the "seriousness" of the crime is what determines bond; however, that is not supported by the case law surrounding bond. In fact, a Kansas bond should only be set at an amount that ensures you will return to court. In addition, your ability to hire private counsel (especially if paid by family/friends) does not mean that the bond amount can impose undue hardship. The court may consider the following things when determining your bond:
Your best position is to show the court you are not a flight risk and/or an immediate danger to the community. Like a credit score, Kansas courts use your past to help make that determination. It is possible to get a "personal recognizance" bond (based on your signature and promise to return) that requires no cash; however, that is typically available to those with low-level misdemeanors with no criminal history.
Whether you are charged with a sex crime or another crime, you are likely entitled to bond. What will that bond amount be? That largely depends on your past/present criminal history, in and outside of Kansas. When will your bond be determined? At your first appearance (usually within 72 hours of your arrest). Remember this is the best time to get a reasonable bond amount set.
If you have questions about your bond, or the bond of a loved one, we have answers. If you need to file a motion have your bond reduced, we can help with that too. Call Attorney T. Morton NOW 913-602-7288. Payment plans are available.
In Overland Park, and across the state of Kansas, if you are arrested for a sex crime your bond will likely be higher than those facing other crimes. In addition, depending on the charges against you, there will be unique conditions to your bond, as follows:
You may have more questions about Kansas bond conditions, Kansas Court Services or violation of Kansas bond. Attorney T. Morton can help. Call NOW 913-602-7288. Payment plans are available.
Should you be charged with committing any of the following crimes you may be deemed a Kansas "sexually violent offender":
In Overland Park, and across the state of Kansas, a Kansas Department of Children and Families (KDCF) investigation will go as follows:
You have more questions and we can help. Call Attorney T. Morton NOW 913-602-7288 for your free consultation. Payment plans are available.
If the Johnson County, Kansas police (or any Kansas law enforcement) are investigating, or arresting, you for a sex crime involving a minor, Kansas Department for Children and Families (KDCF) will likely be in contact with you. That is because, under K.S.A. 38-2226 DCF has a duty to receive and investigate reports of abuse or neglect against a child. The role of the agency then becomes to determine if the complaint against you is valid, and then act to protect the child. They need only "the reason to suspect" to begin their investigation.
You may be tempted to speak with KDCF freely because you have not been contacted, or arrested, by the Kansas police. However, this investigation may begin because any one of the following, mandatory, reports contacted them:
Not all people will have an open KDCF investigation if accused of a sex crime. You may have KDCF contact if:
Being charged with a Kansas sex crime is a scary thing all by itself. Having a separate KDCF investigation adds to your fears and potential consequences. Let us help you navigate these dangerous times. Call Attorney T. Morton NOW 913-602-7288 for your free consultation. Payment plans are available.
If you are convicted of, or plead to, a Kansas sex crime you will be required to register with local law enforcement. Your registration will be reported to the Kansas Bureau of Investigation (KBI), that feeds into a national database. Just how long you must register is dependent upon a number of factors, as follows:
See the full "Kansas Sex Offender Registration" packet HERE.
As you can see, Johnson County, and across Kansas the consequences for sex crimes will follow you for many years to come. You should not resolve your case without speaking to an attorney first. Call us Attorney T. Morton NOW for your free consultation 913-602-7288. Payment plans are available.
As we have discussed in prior blogs, in Johnson County, and across Kansas, conviction of certain sex crimes will require you to register as a sex offender. Don't forget a plea agreement to a sex crime may require you to register too. In fact, under Jessica's Law, you may be required to register for the rest of your life. Here is what registration entails:
You can see the entire Kansas registration packet HERE.
We can venture to say that you want to avoid any circumstance that could require you to register as a sex offender. The best way to avoid that is to beat the charges against you. Call Attorney T. Morton NOW 913-602-7288 for your free consultation. Payment plans are available.
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