​As you are likely aware, probation is granted in lieu of Kansas jailtime. By accepting probation you are agreeing to terms and conditions ordered by the court. These will loom over you (whether supervised or unsupervised) until some determined date. Violation(s) of probation could result in revocation of probation and place your freedom at risk. Here are the top 10 ways to avoid violating your probation in Kansas City, Kansas: 

1. Don't use of illegal drugs and/or abuse prescription drugs;
2. Complete your community service;
3. Seek permission before moving (within Kansas or out of the area) for permission;
4. Gain and maintain employment;
5. Pay your fees and/or restitution;
6. Complete your classes (ex. domestic violence);
7. Don't miss, without rescheduling and excuse, probation appointments and, be honest and forthcoming with your probation officer;
8. Register as a sex offender (where applicable);
9. Attend court dates; and/or
10. Avoid most traffic offenses and definitely avoid new criminal offenses.

If any one of these violations occur your probation officer will file a request to have the prosecutor charge you with violation of probation. The prosecutor then needs to prove that the violation was committed with over 50% certainty. The court will then determine if you will serve jail, if probation can be revoked and reinstated, and the associated fines and fees. 

Remember that you likely have deferred/suspended jail time automatically associated with your Kansas probation. This in addition to whatever incident caused the violation. Never resolve another criminal matter without considering the potential consequences of probation violation. Having quality representation at these hearings is important. You have questions, and need representation, and we can help. Call Attorney T. Morton NOW 913-602-7288. 

Last year was difficult Kansas City, Kansas and for the world. We are hopeful that this will will bring better things for everyone. We are thankful for all of our clients from 2020 and before. We look forward to serving you in 2021. 

Remember that we offer free consultations and payment plans for all criminal cases. If you have any questions or concerns call us NOW 913-602-7288.

Contrary to popular belief, in Kansas, being charged as a first time sex offender does not mean you will be offered (or granted) probation in lieu of prison. Your judge has great discretion when sentencing, as does your prosecutor in its recommendations to the court. The potential consequences depend largely on the type of sex crime(s), your alleged victim(s) and your criminal background. 

Consider the case of Jason Cummins, of Johnson County, Kansas, founder and coach of the Arson KC soccer club. He pleaded guilty to attempted aggravated indecent liberties with a child (age 14 to 16). He has one known victim and one known incident. He was granted probation, with a suspended one and one-half years of prison. Cummins is now required to register as a sex offender for the remainder of his life, lost his business and has a felony record. 

Jimmy E. Scott, of Lawrence, Kansas, pleaded guilty to the charge of indecent liberties with a child. He had previously been convicted of aggravated indecent liberties (a lesser charge) and was already required to register as a sex offender in Missouri. His victim was the same age as Cummins; however, because of his prior conviction and the age disparity (Scott was 47 the victim was 15) the judge denied him probation. That was even though his attorney and the prosecutor recommended it. Instead he was given three years of prison, will be required to register as a sex offender for the remainder of his life, and has added to his felony record.

On the other hand, Geoffrey David Birney, of Wichita, Kansas, was sentence to 122 months (10 years) for his sex crimes. He pleaded to two counts of aggravated internet trading of child pornography and one count of sexual exploitation of a child. Notice that his charges did not necessarily mean any physical contact was made. He was not offered probation, will be required to register as a sex offender for the remainder of his life, and has three felonies on his record. 

Bryan Anthony Hale, of Wichita, Kansas is currently facing one count of producing child pornography, one count of committing a crime involving a minor while registered as a sex offender, one count of providing child pornography to a minor and one count of possessing child pornography. Hale was already required to register as a lifetime sex offender (because of his two prior felony convictions involving a 6 year old victim), and if convicted will likely be given decades of prison time and up to $750,000 in fines. 

As you can see, probation is possible but not promised (even when the prosecutor believes it is appropriate). Further, the younger the alleged victim, the number of charges, and having prior sex crime convictions, will drastically increase your potential consequences.  One more thing, the best outcomes, in each of these cases, were orchestrated by quality criminal defense attorneys; otherwise, every one of these men were facing 25+ years in prison. 

If you, or your loved one, has been charged with a sex crime in Overland Park, Kansas or anywhere across the state, don't wait.  Call Attorney T. Morton NOW 913-602-7288.

​Like the charge of sexual battery an investigation, or charging documents, will consider what part of the Kansas law you are accused of breaking. Each part of the code (ex. K.S.A. 21-5513) will have subparts. "Lewd and lascivious behavior" is infrequently charged in Johnson County, Kansas. Here is how it is defined under Kansas law:
​
(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or

(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.

(b) Lewd and lascivious behavior is a:

(1) Class B nonperson misdemeanor, if committed in the presence of a person 16 or more years of age; and

(2) severity level 9, person felony, if committed in the presence of a person under 16 years of age.

Note that this is considered a "sex crime", intercourse is not necessary, and if your charge(s) involve a minor you will be facing many more years in prison. Just like other sex crimes, the potential consequences for this charge are steep and long lasting (i.e. lifetime registration as a sex offender, long-term parole/probation, etc.). You should always err on the side of caution and exercise your right to remain silent, if you are being charged with lewd and lascivious behavior, in Johnson County or anywhere in Kansas. You should also exercise your right to an attorney. We can help. Call Attorney T. Morton 913-602-7288.

​Like the charge of rape, a pending sexual battery/aggravated sexual battery investigation, or charging documents, will consider what part of the Kansas law you are accused of breaking. Each part of the code (ex. K.S.A. 21-5505) will have subparts. "Sexual battery" and "aggravated sexual battery" are frequently charged in Johnson County, Kansas. Here is how each is defined under Kansas law:
​
Sexual battery & aggravated sexual battery:
(a) Sexual battery is the touching of a victim who is not the spouse of the offender, who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.

(b) Aggravated sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto with the intent to arouse or satisfy the sexual desires of the offender or another and under any of the following circumstances:

(1) When the victim is overcome by force or fear;

(2) when the victim is unconscious or physically powerless; or

(3) when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.

(c)(1) Sexual battery is a class A person misdemeanor.

(2) Aggravated sexual battery is a severity level 5, person felony.

(d) Except as provided in subsection (b)(3), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the battery, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.

Note that this is considered a "sex crime" but intercourse is not necessary to be convicted of the crime. Nonetheless, like other sex crimes, the potential consequences for this charge are steep and long lasting .You should always err on the side of caution and exercise you right to remain silent, if you are being charged with rape in Johnson County or anywhere in Kansas. You should also exercise you right to an attorney. We can help. Call Attorney T. Morton 913-602-7288.

A pending rape investigation, or charging documents, will consider what part of the Kansas law you are accused of breaking. Each part of the code (ex. K.S.A. 21-5503) will have subparts. "Rape" is a broad charge that typically includes much more than you probably think. Here is how it is defined under Kansas law:

(a) Rape is:
(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:
(A) When the victim is overcome by force or fear; or
(B) when the victim is unconscious or physically powerless;
(2) Knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;
(3) sexual intercourse with a child who is under 14 years of age;
(4) sexual intercourse with a victim when the victim’s consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
(5) sexual intercourse with a victim when the victim’s consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender’s authority.
(b)(1) Rape as defined in:
(A) Subsection (a)(1) or (a)(2) is a severity level 1, person felony;
(B) subsection (a)(3) is a severity level 1, person felony, except as provided in subsection (b)(2); and
(C) subsection (a)(4) or (a)(5) is a severity level 2, person felony.
(2) Rape as defined in subsection (a)(3) or attempt, conspiracy or criminal solicitation to commit rape as defined in subsection (a)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(c) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of rape as defined in subsection (a)(3);
(2) subsection (c) of K.S.A. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of rape as defined in subsection (a)(3); and
(3) subsection (d) of K.S.A. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of rape as defined in subsection (a)(3).
(d) It shall be a defense to a prosecution of rape under subsection (a)(3) that the child was married to the accused at the time of the offense.
(e) Except as provided in subsection (a)(2), it shall not be a defense that the offender did not know or have reason to know that the victim did not consent to the sexual intercourse, that the victim was overcome by force or fear, or that the victim was unconscious or physically powerless.

As you can see, there are not only acts involving adults, there are acts involving minors. There are important distinctions in crimes against children, related to consequences, knowledge and defenses. You should always err on the side of caution and exercise you right to remain silent, if you are being charged with rape in Johnson County or anywhere in Kansas. You should also exercise you right to an attorney. We can help. Call Attorney T. Morton 913-602-7288.

2020 has been hard on the nation, and all of Kansas, but 2021 can be your year. Why not take care of some looming legal matters, before the new year? Here are some things our office can help you with today:

• Sealing or expunging your Kansas criminal record;
• Resolving your outstanding Kansas warrants;
• Retain an attorney for pending criminal matters;
• Resolve driving privilege issues (ex. Kansas DUI); and
• Complete community service and/or classes ordered by the court.

No reason to bring 2020 issues into 2021. Start fresh. Call Attorney T. Morton now 913-602-7288. 

​Can the police lie to you? Yes! It is not only legal, it is encouraged in training, for Kansas police to lie to you. Here are a few frequent lies they tell:

• "This conversation is off the record." - Nothing you say to the police is ever "off the record". Even if they are not obviously recording you, they will write a report about the details of your conversation. Don't fall for this ploy to get you to admit guilt and/or share your possible involvement in a crime;
• "Things will be easier if you tell me what you know/did." - Police have no actual authority to decrease, or increase, your potential consequences. Only the prosecutor and the judge have that ability. Don't do their job for them;
• "We already have evidence you committed the crime." -Kansas police can exaggerate, and downright lie, about what actual evidence they have against you. If they have such evidence then why are they talking to you? This is in an effort to get you to give details and/or give evidence (ex. DNA, fingerprints, etc.);
• "We have an eye witness." - Again, Olathe, Kansas police can make this up to encourage you to confess (or try to explain away) information. Typically, they want you to share information that only the guilty person would know;
• "We can just get a search warrant." - There must be cause for a judge to grant a search warrant, for Johnson County police, and those usually limit what can be searched. If you give consent they can search anywhere and everywhere; and
• "Your friend/accomplice is blaming you." - Even if the other person is saying nothing, the police may try to get you to flip on one another. Whether you think your involvement in an alleged crime is great, minimal and/or non-existent, don't give a statement without an attorney present.

Your best defense is to say nothing and give no permissions/evidence. Remember, you have the right to remain silent. Never forget anything you say can be used against you in court. Finally, the best thing you can do is get a Kansas criminal defense attorney to fight for you (and do nothing else until then). We are happy to help. Call Attorney T. Morton 913-602-7288. 

We are honored to serve this wonderful community. Thank you to all of our past and current clients. We hope you enjoy the holiday. If you need us, for anything, we are here today too.  Attorney T. Morton and team - 913-602-7288.

Kansas courts are taking protecting your health seriously. If you have had police contact, for a minor misdemeanor, you may have been surprised to find that you were not taken into custody. Rather, you probably got a citation. If you have a matter pending in court, you may be surprised to find that the process has delayed or stopped. That is because all Kansas courts are temporarily ordered to cease/slow contact with the public.

“This is an extraordinary measure to match the gravity of the COVID-19 pandemic,” said Chief Justice Marla Luckert. “We have a duty to protect the people who come into our courthouses and courtrooms, as well as our employees and judges. This action allows courts to fulfill core functions while reducing in-person contact.”

Matters that may proceed as necessary generally includes:

• Determining probable cause for your arrest without a warrant
• Your first appearance
• Your bond hearing
• Warrants for you and juveniles
• Juvenile detention hearings
• Care and treatment emergency orders
• Protection from abuse and protection from stalking temporary orders
• A child in need of care hearings and orders
• Consideration of  petitions to waive notice for abortions by minors
• Commitment of sexually violent predators 
• Isolation and quarantine hearings and orders

This means that all statutory standards and deadlines that typically apply to cases are allowed to be stayed (including speedy trial). Your case cannot be dismissed for lack of prosecution at this time. You are urged to handle your business online, by phone, or by mail. If that’s not possible, you can call the court for direction. A limited number of staff will be available to answer questions.

This does not mean you cannot be arrested during this time. It also does not mean that you will qualify for some impromptu early releases that have happened in the jails and prisons. If you have questions about how this impacts your Kansas criminal case call Attorney T. Morton NOW 913-602-7288.