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. 

There are a number of accusations that can cause you to be facing a "sex crime", in Johnson County, and across the state of Kansas. These crimes include:

• Prostitution​
• Possession of pornography
• Child pornography
• Date Rape
• Human trafficking
• Lewd and Lascivious Behavior
• Exploitation of a Child
• Sexual Assault
• Rape
• Statutory Rape
• Sexual Battery
• Indecent Liberties w/ a Child

Sometimes these charges are prompted by the alleged victim contacting police. Sometimes these charges are prompted by a "sting". Either way the charges will be investigated, warrants for you and/or your belongings will be issued, and people around you will be questioned. If you have children, and you are accused of anything involving a juvenile, there will be separate investigation into your family that will occur. 

If you, or your loved one, are charged with any of these crimes know that the consequences are some of the harshest and longest lasting. Do not take finding an attorney lightly. You must hire an attorney, but you might be wondering how to know if you've found the best Kansas sex crimes attorney. We suggest you ask the following:

• What number of sex crimes has the attorney defended against?
• How long has the attorney practiced in Kansas?
• How many trials has the Kansas attorney participated in?
• What types of motions for sex offense cases have they argued?
• Has the attorney handled charges similar to yours?

​Be careful not to withhold the truth and depth of the charges you are facing. It is equally important that you not simply price shop. No matter where you are in Kansas, from Olathe to Kansas City, and everywhere in between, sex crimes are serious and require aggressive defense. We are sure you have questions and concerns. Call Attorney T. Morton, Kansas criminal defense lawyer, NOW 913-602-7288.

If you have (or are about to have) your driving privileges suspended in Kansas, we have good news for you. While there is still no "hardship license", there is now a limited/restricted license, after DUI. This provides you with some ability to lawfully drive for things like work, school, treatment programs, emergencies, etc. Keep reading to find out more.

You will likely only be able to drive cars with Ignition Interlock Devices (IID) inside.  An IID is installed into your car that prevents your car from starting if you are under the influence. So long as your BAC reads under 0.04 your car will start. Approximately every 15 minutes you must blow into it again to keep your car running.  This is how Kansas hopes to ensure that you do not reoffend and/or endanger anyone else. Just know this is an expensive devise and it is required.

This license is not guaranteed. In fact, you must pay an application fee and ask the Kansas Department of Revenue for permission to drive. Your application will be reviewed and either approved or denied.  Your Kansas restricted license may be granted so long as:

• You have not failed to appear for a traffic citation;
• You have maintained car insurance;
• You have not been convicted of driving while suspended;
• Your child support is current;
• You do not have a conviction for reckless driving;
• You are not suspended outside of the state of Kansas;
• You have met or exceed the "waiting period" (see below); and
• You are not determined to be a Habitual Violator.

There is a "waiting period" before you can seek a "hardship" license in Kansas. If your license has already been suspended for one year, or more, you are automatically presumed eligible to apply for a restricted license. If you were suspend for failing a breathalyzer, or DUI conviction, you  can apply after 45 days of suspension. A suspension because of refusing to submit to DUI testing requires that you wait 90 days before apply for a restricted license. Although you must wait to apply for a restricted license, in the end it is far better than not having a license at all (or worse driving while restricted). 

This license does not come without one more catch. Besides having to apply, pay fees and have an IID, you must agree to added license restriction time. That means, your suspension time will be increased beyond what was ordered/agreed to in court. The length of additional time is based upon your number of prior suspensions, failed tests and/or your blood alcohol level (BAC) at the time of the charge. You will be notified of the time extension at a later date. 

It is possible that your personal circumstance does not fit neatly into the information provided above, and that you need a Kansas DUI attorney. We are here to help. Call NOW 913-602-7288.

You may have not known it, until you were charged with the crime, but your license can be suspended for any number of reason in Kansas. Some reasons for suspension include:

• Failing to pay your traffic tickets
• Being behind on your child support payments
• Refusing to take a breathalyzer test
• Failing your breathalyzer test
• Failing to have insurance on your car
• Missing your traffic court appearance
• Your DUI conviction
• Having a large number of motor vehicle violations (3 or more in 12 months)
• Unpaid reinstatement fee for your past suspended license
• Your involvement in vehicular assault or homicide
• Driving recklessly
• Your felony charge that involved a vehicle
• Eluding or attempting to elude the police

Depending on your circumstances this may a misdemeanor charge and you could be facing a mandatory minimum of 6 months in jail.  In Kansas, driving while suspended can also be charged as a felony. Not knowing your license was suspended is not a defense to this crime. Unlike in some other states Kansas does not give a "hardship license" that will allow you to travel to school, work, childcare provider, etc. Not being a licensed driver will drastically impact yours, and your loved ones, life. 

If you are reading this because you are consider taking the risk of driving, don't. Kansas law enforcement now have license plate scanners that will tell officers, in an instant, if you're driving under restraint. If you are reading this wondering what the best way to resolve this criminal charge against you, you have come to the right place. Either way you need an attorney. We are always here to help. Call NOW 913-602-7288. 

Inside of your house should be the safest place to be. The state of Kansas takes that position seriously, and fiercely protects residents right to privacy and freedom from uninvited guests. While the verbiage "Peeping Tom" does not appear under the criminal code, there are two type of crimes that prohibit you from watching another in any type of activity. Even if you are not viewing someone's intimate activity, you can be charged as a "Peeping Tom" under breach of privacy and/or criminal trespass laws. 

Under Kansas breach of privacy statute, it is unlawful to:

• Knowingly and without lawful authority,
• Observe the personal conduct of another,
• When that person expects to have privacy in the place they're in

Breach of privacy is charged as a misdemeanor, with up to 1 year of jail time.

Under Kansas criminal trespass, it is unlawful to:

• Enter upon the land of another,
• By a person who knows they do not have privilege or permission to do so.

Criminal trespass is a non-person misdemeanor, with a minimum sentence of 48 hours imprisonment, and up to 6 months of jail time.

Some activities that you may not know fall under these "Peeping Tom"  laws include:

• Placing cameras and/or recording devices in dressing rooms, restroom, hotel rooms, your home without warning guests, etc.;
• Staying somewhere after your permission to be there has ended;
• Unlawfully placed double-sided mirrors;
• Use of drones to view others; and
• Watching someone in their home using binoculars, etc. 

Depending upon your individual circumstances, you may be additionally facing other crimes, such as sex crimes, violation of protection orders, etc. The Kansas prosecutor, upon reviewing the entirety of the circumstances surrounding your charges/arrest may amend the initial complaint and add additional crimes. 

There are defenses to breach of privacy and/or criminal trespass (ex. having permission to be viewing someone or to be on their land). There are many more too.

While these are initially misdemeanor charges, there is potential jail time and each are still serious crimes. You should talk to an attorney today. We are here to answer questions and fight for you. Call Attorney T. Morton NOW 913.602.7288.

So you've been charged with a crime and/or arrested in Kansas. The panic has likely passed and you probably are just ready to move on. You have two options - fight your case or take a plea. In walks in the Kansas prosecutor with a "deal" and an opportunity to end this nightmare. You're considering it but, are you sure it is really in your best interest to take the plea bargain? Here are some things to think about before you decide:

1. It is a guilty plea. The Kansas prosecutor has an interest in winning the case through quick resolve. Their offer will likely require that you plead guilty to some crime, in exchange for a reduction in consequence. This will be part of your criminal background, and can directly impact your work, school, housing, family, immigration status, etc. in the future;
2. The terms of the plea are often difficult abide by. Are you going to be on probation, be required to complete drug/alcohol treatment, etc.? If you have a deferred sentence, and you fail to complete the terms of the deal (ex. failing a drug test, new criminal charges, etc.) you will be automatically facing the jail/prison time you avoided via plea;
3. Fines and Fees. These don't go away. Do you know what can be waived and/or reduced? Did you know you can face jail time for failing to pay these?; 
4. It can impact other criminal cases you have. If you have other cases (open or deferred) in Kansas, or anywhere across the United States, entering a plea bargain in one case will directly impact the other(s). You must be certain not to enter a deal until you have been advised about your particular circumstance; and
5. Kansas law is hard on repeat offenders. While you may believe that you will never be involved in the criminal courts again, it is possible. If you've had prior cases know that any deals you are offered will consider your criminal history. The consequences, and sentencing recommendation, are often a reflection of your prior criminal history. 

We'd like to offer you one last piece of advice. If you think you have the deal of a lifetime, by way of plea bargain, available to you, run it past a Kansas criminal defense attorney first. Only then will you really know if this offer is the best thing for you. As always, we are here to help. Call NOW 913.602.7288.CRIMINAL DEFENSE

Theft is typically a felony charge, in Johnson County, and across the state of Kansas. If you have been charged with this crime you are facing lengthy jail time and thousands of dollars in fines. For that reason you should not take this charge lightly. Here's what you can expect:

• Arrest - the arresting officer need only have probable cause to take you into custody. That may come at the time of the alleged crime or thereafter;
• Arraignment - you will be notified of the charges against you. This is your opportunity to seek a bond (and possibly argue a reduction in the amount of bond), and you will enter your plea of guilty/not guilty/no contest; 
• Ongoing court dates - you have the right to speedy trial. In the meantime you will be set out for several more court hearings, up to and until the matter is closed; and
• Sentencing - if you accept a plea and/or are not successful at trial you with then proceed to sentencing.

In Kansas you can be charged with Theft for a number of reasons:

• Shoplifting over $1000
• Robbery
• White collar crimes
• Stealing
• Identity theft
• Bad checks
• Burglary
• Theft
• Credit card fraud
• Possession of stolen property
• Embezzlement

Depending on the type of theft you are charged with will tell you the type of defense(s) you have under Kansas law, such as:

• It is your property
• You were borrowing the property
• You didn't intend to commit a crime
• Intoxication

If you are facing theft charges in Kansas, Kansas City you need a defense. Attorney T. Morton can help. To schedule a free consultation CALL NOW 913-602-7288. 

JUVENILES CAN BE CHARGED AS ADULTS ACROSS THE STATE OF KANSAS
Typically, in Kansas, when your child (a minor under the age of eighteen) is charged with a crime the matter will be heard in juvenile court. There the court takes a role of "parent" and seeks to rehabilitate rather than punish your child. Juvenile court affords judges greater discretion and intervention options for the young. That is because the law believes our youth will make mistakes (often because of naivete and/or circumstances outside of their control).

However, Section 38-2347(a)(2) of the Kansas Statutes states that, “your child shall be presumed to be an adult,” if:

• Your child was 14, 15, 16 or 17 years of age at the time of the alleged offense, and the alleged offense constitutes an off-grid crime, a person felony, or a non-drug severity level 1 through 6 felony;
• Your child was 14, 15, 16 or 17 years of age at the time of the alleged offense, and the alleged offense constitutes a drug severity level 1, 2, 3 or 4 felony;
• Your child was 14, 15, 16 or 17 years of age at the time of the alleged offense and the offense was committed while in possession of a firearm; or,
• Your child is facing a felony-level charge and has a prior conviction or adjudication of delinquency for a felony-level offense.

In cases where your child is presumed to be an adult, “the burden is on your child to rebut the presumption by a preponderance of the evidence.”  

KANSAS PROSECUTOR'S REQUEST TO REMOVE JUVENILE CHARGE TO ADULT COURT
If it is presumed that your child should be prosecuted as a juvenile under Section 38-2347(a)(1), then prosecutors must show “good cause” for prosecuting him/her as an adult. This will be done through a Motion 328. While the adult prosecution may not be automatic you must be prepared to defend against the prosecution's efforts to remove your child's case from juvenile to adult court. 

SCHEDULE AN APPOINTMENT WITH A JOHNSON COUNTY, KANSAS DEFENSE ATTORNEY
If your child is at risk for being prosecuted as an adult in Kansas, Kansas City juvenile criminal defense Attorney T. Morton can help. To schedule a free consultation CALL NOW 913-602-7288. 

So you're planning on going pro se in your Johnson County, Kansas criminal defense case? Here are the things to consider:

• Your rights may be violated. If you are not aware of the laws, motions and timeliness surrounding your rights it is impossible to protect yourself. Many of your rights can be waived if you don't assert each timely;
• You have defenses. Do you know what all of those are? Do you know how to prove each? Be honest with yourself about that. Find out what you're up against and all potential defense;
• You have rights at every point in the case. A large portion of the work done with your case must be completed before trial. The work continues during the entirety of the case, starting from arrest to closing statements; 
• There are fair plea deals. Would you know it if it was presented to you though? Would you know what is negotiable, mandatory or unfair? Many people just want the matter to be over with and later regret the conditions and consequences of their plea deal. Oftentimes, this remorse comes after being charged with a new crime (ex. violation of probation);
• You are smart but not an attorney. Don't forget that the prosecutor will fight you will the same weapons as they would a defense attorney. There is no mercy for those who are unrepresented. Remember they often have handled 100s of cases and are not personally harmed by the outcome;
• The judge will treat you like an attorney. Don't forget you are now playing both the role of attorney and client. The judge will hold you to the same standards, rules of procedures, etc. as a licensed attorney. There is no grace and/or leniency for the pro se defendant;
• You have appellate rights. Failing to protect and/or assert your rights before, during and after the resolve of your case will result in the waiver of each;
• You need a team. The prosecutor's office has the police, investigators, witnesses, experts, an entire office of other attorneys, paralegals and oftentimes co-counsel. Be honest with yourself about whether or not you have access to the same.

The old adage goes, "He who represents himself has a fool for a client." - Abraham Lincoln. Our office is not here to say that you may not believe you can handle your own case. We are not even here to say there may not be circumstances that have led you to this decision (ex. financial). What we want to do is forewarn you that it is likely not the best decision. Your freedom is at risk! Call us NOW 913-602-7288.

If you decide to go pro se anyway, (Click HERE) to link to the Kansas City, Kansas court self-help website.