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:

1. The prosecutor is too busy to deal with your case. You may have heard about, or seen, how many cases the State's attorney is handling and have come to believe he/she is overwhelmed. While that likely is true, the prosecutor is not alone. In their office there are secretaries, legal interns, paralegals, senior attorneys and other prosecutors. They are far from alone. Don't fool yourself into believing they cannot put the time and effort necessary to adequately deal with your case. They can and they will;
2. You're just going to get probation and pay some fines. This comes up most often when is your first charge or one you consider minor. Unfortunately, there is no such thing as "just probation". First, the Johnson County, Kansas prosecutor has discretion about whether, or not, you will have that as an offer. Second, if the offense is punishable by jail time, you just may serve some time. Finally, and possibly most importantly, probation comes with a number of conditions that if violated you may serve jail time;
3. You're a good person and jail is only for the worst of people. In short, good people make mistakes and those mistakes can cost you your freedom. Remember, the only way to avoid jail time is a successful defense;
4. A plea deal is the only way to make the case go away. While plea deals do quickly resolve your case, it may not be the best option for your circumstances. If you have other criminal matters, are on probation/parole, etc. a plea deal may not be an option at all, for you. Further, you need to consider your future employment, living circumstances, school enrollment, etc. (i.e. the long-term impact of a plea) before taking a deal. It is very possible that a trial is necessary to resolve your case; and
5. You don't need an attorney. FALSE! No matter the charge, or how serious you believe it to be, you need an attorney today. You are being charged with a crime, and the state is moving forward using their lawyers. You should have one too.

We hope that reading this article will help you to face your Kansas criminal case armed with information. If you are in need of aggressive defense or answers to your questions, call us NOW 913.602.7288.

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: 

• Building, manufactured home, mobile home, tent or other structure which is a dwelling, with intent to commit a felony, theft or sexual battery therein;
• Building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexual battery therein; or
• Motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexual battery therein.

Kansas Simple Burglary Penalty, of a fixed structure such as a house holds a maximum prison time is 34 months (about 3 years). If its is a car or other means of transport, the maximum prison time is 17 months.

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:

• Permission to enter/remain
• Mistake
• Voluntary intoxication
• Duress
• Emergency
• Entrapment

In the short-term, you are facing large amounts of jail/prison time, fees and fines, if you are convicted. Finding work, a place to live, enrolling in college, joining the military, etc. are the long-term consequences. You need an attorney who will aggressively defend you against these charges. Call us NOW 913.602.7288.

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:

• obtaining or exerting unauthorized control over the property
• obtaining control over the property through fraud or deception
• obtaining control over the property through threats
• obtaining control over stolen property, with the knowledge that it has been stolen."

Some examples of theft charges include:

• purchasing of stolen property
• shoplifting
• writing bad checks
• pawning property that is not yours, and more

The value of the property will directly correlate with the potential consequences. The following chart will outline the theft penalty levels:

• Class A (petty theft) - value of less than $1,000 

       Up to 1 year in jail and up to $2,500 fine

• Level 9 (non-person felony) - value of more than $1,000 and less than $25,000, or if the theft of any value is from three + stores over 72 hour period

       Up to seven months in jail and up to $100,000 fine

• Level 7 (non-person felony)  - value of more than $25,000 but no more than $100,000

       Up to 13 months in jail and up to $100,000 fine

• Level 5 (non-person felony) - value of $100,000 or more

       31 months to 34 months in prison and up to $300,000 fines
Even where the facts may support a criminal conviction, you do have defenses, to include:

• intoxication
• misunderstanding
• ownership rights
• return of property
• entrapment

Whether you are facing a misdemeanor theft charge, or a felony, you need an experienced Kansas theft attorney to defend you. Your unique circumstances, prior criminal record, etc. will determine the defenses you may have available. Don't handle these charges alone! Call us NOW 913.602.7288. 

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:

• The alleged victim gave you consent (express or implied);
• The kidnapping was an honest mistake;
• You were under duress; or
• You were coerced;

Kidnapping is a felony charge in Kansas. The potential punishment depends on the circumstances of your alleged crime. Here are some of the possible sentences:

• Non-aggravated kidnapping (no injury to alleged victim) a maximum of 20 & 1/2 years;
• Aggravated kidnapping (injury to alleged victim) maximum of 54 & 1/2 years.

This is a very serious charge that you shouldn't try to handle on your own. You need an experienced Johnson County, Kansas attorney to review your unique circumstances. Call us NOW 913.602.7288.

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:

• witnesses and any statements made
• police reports
• video or recordings
• probable cause
• warrants (or lack thereof)
• strengths/flaws in chief case, etc.

Your case is unique. Call us NOW for an individualized review of your circumstances 913.602.7288. 

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:

• Not paying your child support;
• Refusing to do a breathalizer;
• A DUI conviction;
• Lapse of car insurance;
• Not paying your license reinstatement fee;
• Failure to appear in traffic court;
• Excessive traffic ticket convictions;
• Conviction of MIP or MIC
• and more

These are just some of the few reasons your license may have been suspended. There are others. If you are facing charges, in Johnson County, Kansas,  for driving while your license was suspended you need an attorney. You have more questions and we have the answers. Call NOW 913.602.7288.

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:

• 3rd DUI (BAC over .08% to .15%) - 90 day to 1 year, license suspension 1 year, interlock 2 years, and alcohol program;
• 4th DUI (BAC over .08% to .15%) - 90 day to 1 year, license suspension 1 year, interlock 3 years, and alcohol program;
• 5th DUI (BAC over .08% to .15%) - 90 day to 1 year, license suspension 1 year, interlock 10 years, and alcohol program;
• 3rd DUI (BAC over .15%) - 90 day to 1 year, license suspension 1 year, interlock 3 years, and alcohol program;
• 4th DUI (BAC over .15%) - 90 day to 1 year, license suspension 1 year, interlock 4 years, and alcohol program; and/or
• 5th DUI (BAC over .15%) - 90 day to 1 year, license suspension 1 year, interlock 10 years, and alcohol program.

Although this chart outlines the potential penalties, these are just potential ones. It is important to talk to a lawyer about the many alternatives and defenses to Kansas DUI charges. Call us NOW 913.602.7288.

.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:

1. Kansas law (K.S.A. 8-1001) requires you to submit to and complete one or more tests of breath, blood or urine to determine if you are under the influence of alcohol or drugs or both.
2. You have no constitutional right to consult with an attorney  regarding whether to submit to testing.
3. If you refuse to submit to and complete any test of breath, blood, or urine hereafter requested by a law enforcement officer, your driving privileges will be suspended for 1 year.
4. If you submit to a breath or blood test requested by a law enforcement officer and produce a completed test result of .15 or greater, your driving privileges will be suspended for 1 year.
5. If you submit to a breath of blood test requested by a law enforcement officer and produce a completed test result of .08 or greater, but less than .15, the length of suspension will depend upon whether you have a prior occurrence. A prior occurrence is a prior test refusal, test failure or conviction or diversion for an alcohol or drug-related conviction as defined in K.S.A. 8-1013, and amendments thereto, or any combination thereof, whether before, on or after July 1, 2001.
6. If you fail a test with an alcohol content of .08 or greater, but less than .15 and do not have any prior occurrences, your driving privileges will be suspended for 30 days.
7. If you have a prior occurrence and fail a test with an alcohol content of .08 or greater, but less than .15, your driving privileges will be suspended for one year.
8. Refusal to submit to testing may be used against you at any trial on a charge arising out of the operation of a vehicle while under the influence of alcohol or drugs, or both.
9. The results of the testing may be used against you at any trial on a charge arising out of the operation or attempted operation of a vehicle while under the influence of alcohol or drugs, or both.
10. After the completion of testing, you have the right to consult with an attorney and may secure additional testing, which, if desired, should be done as soon as possible and is customarily available from medical care facilities willing to conduct such testing.

Should the officer fail to read you this advisement, the evidence obtained from the testing may be prevented from coming into court. We can help you better understand what to expect in your Kansas DUI case. Call us NOW @ 913.602.7288

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:

• 8 hours of drug and alcohol education courses
• 12 hours of drug and alcohol education courses
• Outpatient drug/alcohol treatment

Once the court makes the order, you will be required to successfully complete its recommendations. Failure to do so could mean jail time, additional fees and fines (a revocation of the diversion program if applicable), etc. We suggest you call NOW to get your questions answered, before you enter into an agreements, @913.602.7288.