So you think you have the Johnson County, Kansas criminal justice system all figured out. Well think again. Here are the top 5 myths, about criminal charges, debunked:
In Johnson County, Kansas a conviction of burglary will impact your life for years. Under the law, burglary is defined as:
Kansas Simple Burglary is if you knowingly and without authority enter into or remain within any:
If a weapon, a person occupies the place, etc. you may be charged with aggravated burglary. An aggravated burglary, in Kansas is defined as:
Kansas Aggravated Burglary is made an unlawful activity pursuant to K.S.A. 21-3716 which defines the crime as knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexual battery therein.
Kansas Aggravated Burglary Penalty: is a level 5 person felony which carries a maximum punishment of 136 months (or just over 11 years).
For every crime you are charged with, there is a defense. In Johnson County, and across Kansas Burglary Defenses include:
In Johnson County, and across the state of Kansas, theft can be charged for a wide variety of circumstances. Under the law, theft is defined as the "intent to permanently deprive a property owner of the possession or benefit of his or her property:
Even where the facts may support a criminal conviction, you do have defenses, to include:
In Johnson County, and across Kansas, the charge of kidnapping can be brought against you for, an incident involving, both children and adults. Kansas law defines kidnapping as "a taking or confining a person accomplished by force, threat or deception and does not depend on the distance the person was taken or any period of time." We often see this charge in connection with domestic violence crimes.
There are defenses, as follows:
Perhaps it was a misunderstanding. Maybe it was caused by your flight-or-fight reflex. No matter the cause, in Johnson County, and across the state of Kansas, resisting arrest is considered a crime. Yes, that is even when the cause of your interaction with the police was seemingly minor (ex. traffic stop). Don't forget that the circumstances of your arrest will also determine the level of charge you are facing (misdemeanor vs. felony). Should you later be convicted of the crime the charge of resisting will be added as an additional sentence and penalty. Furthermore, if your arresting charge was one that is on the "strike" list, this will act as an additional strike. Three strikes may mean a life of imprisonment.
All is not lost. If you are facing these charges, you need an aggressive defense. It is important that the following be completely investigated:
DSW (driving while license is suspended) is typically charged as a misdemeanor. While this may sound like a minor charge, it isn't in Kansas. A conviction may mean mandatory jail and high fines. This charge holds the same weight as a DUI. Here as some reason, even if you don't know it, that your license may have been suspended:
As you likely know, Johnson County and across the state of Kansas there are harsh penalties for drunk drivers. The charges are even worse where an accident, causing injury, occurred. That is because the DUI charge becomes an aggravated battery. Kansas defines aggravated batter as "knowingly causing bodily harm, great bodily harm, disfigurement or death to another person."
Because this charge is a "strict liability" criminal offense, the prosecutor need not show (beyond a reasonable doubt) what caused the injury to the other person. Rather, showing that you were under the influence while driving (remember that driving can mean operating or attempting to operate) a motor vehicle and that harm was done.
Being charged with this offense means you are prohibited, even if it is your first DUI, from participating in a diversion program. Depending on the extent of the harm done, you may be facing several months to several years in jail, fines, fees, etc. We suggest you get an attorney right away. There are defense to this charge. Call NOW 913.602.7288.
A Kansas DUI charge can increase from a misdemeanor to a felony for a number of reasons. Prior convictions, your BAC level and if anyone was seriously injured, may impact the consequences you are facing. With all convictions you may be facing fines, ignition interlock fees, alcohol programming & assessments, licenses suspension/reinstatement fees, etc. The potential penalties include:
.If you are in Overland Park, or across the state of Kansas, and suspected of driving under the influence, you must have a DC-70 advisement read to you. Here what you should expect:
In Johnson County, and across the state of Kansas, if you accept guilt, are proven guilty or are offered a DUI diversion program, you will be required to complete ADSAP evaluation. An ADSAP is a drug and alcohol test that will be used to determine your dependency on either substance. This test must be completed by a court approved provider, will be series of questions and, will take thirty to ninety minutes. The court will use outcome information to determine the appropriate sentence and/or conditions of your agreement. It is possible that the evaluator will recommend, and the judge may chose to follow the recommendation, of some of the following:
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