If you are facing a criminal charge, in Johnson County, Kansas you may have heard the term guilty "beyond a reasonable doubt". This post will help you better understand that term and how it applies to your pending case.

First, never forget that the prosecutor must prove that you are guilty, beyond a reasonable doubt, of committing a crime. In Johnson County, Kansas and across the United States you are presumed innocent until you are found guilty, and you are not responsible for proving your innocence. 

Second, in criminal cases, the burden of proof is at the highest. That is because your freedom and liberty are at stake. It will help you to understand the other standards of proof:

• Probable cause - there must be reasonable grounds (i.e. reason to believe that a crime was committed). This is the standard police use to arrest you;
• Preponderance of the evidence - this is the standard typically used in civil matters (ex. small claims court), where the proof need only show that the one positions is more likely accurate than the other position (51/49 evidence tip);
• Clear and convincing evidence - is where there is sufficient evidence to convince a reasonable person of the state's position. This is typically used in cases involving parental rights; and
• Reasonable doubt - is the highest standard where no the state must convince the court that a reasonable person believes that you are guilty, based on the evidence presented in court.​

Finally, remember that the jury, at the close of your trial, will be read instructions before deciding your innocence or guilt. Those instructions should remind the jury of the burden the Johnson County, Kansas prosecutor has. Here is some of the verbiage typically used: 
                   "The fact that a criminal charge has been filed against our client does not mean that the charge is true. You must not be biased against our client because of  he/she was arrested, charged with a crime or is now at trial. Our client is presumed to be innocent; therefore, the people must prove his/her guilt beyond a reasonable doubt. That means that you must have an abiding conviction that the charge is true. The evidence need not eliminate all possible doubt, because everything in life has possible or imaginary doubt. However, it is not simply enough to not like my client, to think he/she might be guilty, or think he/she may be probably guilty. If you do not have an abiding conviction, or if you have a doubt, you must find my client not guilty."

We hope this has been informative. If you have more questions about your rights call us today 913.602.7288. We offer payment arrangements and aggressive criminal defense. 

You may be wondering how you (or your attorney) can get your a Johnson County, Kansas criminal case dismissed. Let's get right to it. Simply put, you must show the Kansas prosecutor (District Attorney) that they will not be able to prove their case against you beyond a reasonable doubt. 

When the prosecutors filed the complaint, against you, they believed that they could prove your guilt. The basis of this belief is typically what law enforcement officer reported and/or provided as evidence.  This could come in the form of any of the following:

• witness statements
• your statements/admissions
• photographs
• video recordings
• 911 calls
• weapons retrieved
• drugs found and/or test results
• finger prints
• lab reports
• medical records
• stolen goods, etc.

You will want to review, and the state must provide, all evidence against you. With that information in hand you can come up with a strategy for attacking the prosecutors case.

Many believe that charges get dismissed if you are friendly with the prosecutor, have a relationship with the judge, or you are a good person/first time offender. That couldn't be further from the truth. While you should be respectful to the prosecutor and judge they are not now, and will not be later, your friend. Even if you are a good person, innocent of the crime you are accused of and/or a first time offender, your case is in a court of law and the only way to prove your innocence is to get it dismissed through the court process. That can be through:

• motions to suppress evidence (ex. illegal search and seizure),
• showing witness(es) have credibility issues,
• noting identification issues,
• conversations with the prosecutor,
• case law that supports your position,
• a private investigator, of yours, reports,etc.

The goal is to prevent, or show, that key evidence will not make it to trial; thereby, demonstrating that they will not be able to prove their case beyond  a reasonable doubt.

Remember that "beyond a reasonable doubt" is the highest standard of proof. You are not tasked with proving your innocence; rather, the Kansas prosecutor must prove your guilt. If you can successfully show them that they cannot prove your guilt you will have your case dismissed.  You must act right away and, we suggest that you don't do it alone. You need an experienced Johnson County, Kansas criminal defense attorney. Call us NOW 913.602.7288 for your free consultation. Payment plans are accepted. 

If you have been granted probation, in Johnson County, or across the state of  Kansas you will want to avoid violating the agreement. The first, and most important, thing you can do is read and understand what are the terms of your probation. Many do not violate simply because they didn't know what they had to do. Here are the top five reason people violate, and what you will do, in order to remain compliant:

1. Pay your fines, fees and/or restitution. You were assessed fine and fees at the conclusion of your last hearing. You may also have been ordered to pay restitution. If you do not set up payments, and make payments, the court may grant your probation revocation;
2. Abstain from use of alcohol and/or drugs. Most, if not all, probation agreements require that you refrain from drug and alcohol use. If you fail a drug or alcohol test (which can be given to you at random) you may violate probation. This is the most frequent cause for revocation;
3. Keep in contact with your probation officer. You must stay in contact with your probation officer. This includes:

• make it to your appointments,
• notify them if you need to miss and reschedule appointments,
• advise them of address/phone number changes,
• request permission before leaving town, etc.; 

     4. Disclose Police Contact. Usually you must let your probation officer know, within 48 hours, if you             have had any police contact. That can be if you were involved in a traffic stop or are being                           investigated for a crime and, anything in between. In fact, even if you are arrested and in jail, your             call to your probation officer is free. Failing to disclose may result in your probation revocation;                 and
     5. ​Attend treatment/classes. If a condition of your probation requires that you get treatment or                   take classes (ex. drug/alcohol treatment, domestic violence classes) you must do so. Make sure                 that the provider is one on the Johnson County, Kansas approved provider list and complete it on             time.               
If you are facing revocation, of your Johnson County, Kansas probation or parole, your first call should be to your lawyer (913.602.7288). After speaking with your attorney, your next call will likely be to your probation officer. The court typically makes decisions that are consistent with what your probation or parole officer recommends. 

Kansas Criminal Threat Defined
In Johnson County, Kansas, the charge of criminal threat means that the prosecutor must prove that you threatened to :

• Commit a violent act communicated with intent to place the alleged victim(s) in fear;
• To cause evacuation, lock down or disruption;
• With reckless disregarded the risk of causing fear, evacuation, lock down or disruption;
• Adulterated or contaminated any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply; or
• Exposed an animal to any contagious or infectious disease.

Kansas Criminal Threat Punishment
In Kansas, criminal threat is a level 9 person felony. This crime has a potential sentence of 13 months in jail and up to a $100,000 fine.

Kansas Aggravated Criminal Threat
Aggravated criminal threat is the commission of a criminal threat, as defined above, when a public, commercial or industrial building, place of assembly or facility of transportation is evacuated, locked down or disrupted as to regular, ongoing activities as a result of the threat. Even if you did not intend to cause harm or disruption.

Kansas Aggravated Criminal Threat Punishment
Aggravated criminal threat is a level 5 person felony. It is punishable by 17 months and up to $100,000 fines. 

Kansas Criminal Threat Defenses

• Lack of necessary mind state for intent (ex. intoxication)
• Threat was ambiguous 
• Threat was idle talk or jest (i.e. lacked the seriousness necessary for criminal threat)

If you are being accused of this crime, in Johnson County, or across the state of Kansas you need a lawyer NOW. Your freedom and future are on the line. We are available to answer your questions 7 days a week, and we offer payment plans. Call today 913.602.7288.

Here are a few quick tips for finding the best Johnson County, Kansas criminal defense lawyer:

1. Cost. The starting costs for hiring an attorney vary greatly. You may be asked for anywhere between $2500 to $5000 (and in some instances more) for a quality defense attorney, in Kansas. The cost usually will depend on the severity and complexity of your case,whether you are facing a misdemeanor or felony, and the experience of the attorney. You likely will incur additional costs should your case go to trial. $250 an hour or a flat rate of $1,000 per day are the average amounts for trial. Determine your budget and ask what the lawyer costs;
2. Knowledge. When you initially talk to an attorney ask questions. You should leave the conversation knowing more than when you started it. It's important to understand that a quality defense lawyer, who has experience in Johnson County or across the state of Kansas will not make any promises about the outcome of your case. Further, you will not be able to plan, case specific, strategy until discovery has been reviewed. Nonetheless, if your gut says that the attorney is not helping you have a basic understanding you probably should consult with another one;
3. Specialists. There are many attorneys that are general practitioners. Meaning they practice all types of law. While law school has prepared him/her to do just that, those who specialize in particular niches of the law have time to become experts. Consider finding an attorney that has narrowed their practice, to only a couple, to include criminal defense; and
4. Experience. Read the attorney's bio (usually available on their website), ask about what they have done in the past, read their prior client's comments. You will greatly benefit from having an attorney who is not learning on the job and is willing to fight for your rights.

You deserve a quality defense, not matter what crime you are accused of, from an experienced Johnson County, Kansas attorney. You have more questions and we have the answers. Call us NOW at 913.602.7288. We offer payment plans and reasonable rates. 

So you have made it into adulthood and avoided serious criminal charges? Congrats! Having contact with the Johnson County, Kansas police or any law enforcement was probably scary. Now you're left to wonder what happens next. If you talk to enough people you will hear any number of expected outcomes, from jail time to dismissal. The truth of the matter is that what is going to happen will largely depend on the circumstances and facts surrounding your arrest, any defenses you may have available, and the strength of the Kansas prosecutor's case.  Here are some of the possible outcomes:

1. Plea Deal. The District Attorney/Kansas prosecutor may offer you the opportunity to plead to a lesser charge for reduced/no jail time, probation, fees and/or fines (not available for Kansas DUI cases);
2. Trial. A plea deal may not be available, or not be one worth excepting; thus, forcing the state to prove your guilt at trial;
3. Diversion. Depending on the crime you are charged with (ex. DUI) you may be able to enter into a deferred sentence in exchange for completing classes, counseling, etc. You then may avoid serving jail time and be put on probation. There are a number of other factors that the Kansas DA may use to determine if you are eligible. It is purely up to their discretion to offer you diversion;
4. Plead guilty or no contest. We suggest you exercise extreme caution here! Frankly you should not do this one alone. These two may offer you lesser jail time, fines and fees but come at a possible steep, long-term, price;
5. No Bill / True Bill. If you are facing a felony charge, the grand jury may decide that there is not enough evidence for your case to be prosecuted. Your case will then be considered "no-bill" which is similar to a not guilty but, the case may be refiled (which is rare) within the statute of limitations. A "true bill" means there is enough evidence to move forward and you will face prosecution; or
6. Dismissal. If the Johnson County, Kansas prosecutor's case is weak they may dismiss your case. It may be because of lack of evidence, evidence has been suppressed (via motions to the court), witnesses are not credible, etc.

While this may be your first charge, all charges are serious and should be handled with care. The ultimate goal is to avoid jail time, damage to your criminal history, remain employed, etc. For that reason, you should not handle your case alone.  A skilled attorney will request discovery, meet with you, and ensure that the decision you make is the best one for your unique circumstances. Call Attorney T. Morton NOW 913.602.7288.

Click HERE for more information about the stages of the criminal justice process ,start to finish.

In Johnson County, and across Kansas, there are a number of relationships that could change a charge of violence to a "domestic" charge. If the alleged victim is 18 or over, and your:

• husband, wife, ex-husband or ex-wife
• mom, dad, step-mom, step-dad
• child or step-child
• child's parent (even if you were never married or lived together), or
• alleged child's pregnant mother (even if you were never married or lived together)

Kansas Domestic Battery - is a category that encompasses violence against those that fit in the above categories. Under the Kansas law, if you are guilty of domestic battery if you knowingly or recklessly cause harm to a household or family member. It can be a crime if you intentionally make physical contact with a family or household member in an insulting, rude or angry way too. 

Kansas Domestic Violence - charges can include those in the above categories and those you were in a dating or sexual relationship with. 

Kansas Domestic Battery/Violence Penalties -

• First charge is a minimum of 48 hours of jail and up to 6 months, participation in an assessment for batterer intervention and possibly classes, fines and fees;
• If you have been convicted, or plead, to a domestic battery (in Kansas or outside of Kansas) within the last five years, of your new charge, the penalties will increase. In these instances you will be facing 90 days to one year in jail, , participation in the intervention/classes, increased fines and fees;
• If you are facing your third, or more, charge within a 5 year period your charge will become a felony and you could be facing 90 days to one year in jail, classes, fines and fees. 90 days of jail cannot be probated, suspended or paroled and you must participate in domestic violence counseling; otherwise, you must spend 180 days in jail.

Kansas Domestic Battery/Violence Diversion Program - You may be eligible to participate in a counseling and community service program. This program will likely mean any potential jail time is suspended. Should you successfully complete the program, the charges against you may be dismissed. If you do not successfully complete the program you will be facing 100% of the jail time that was initially suspended. Typically you cannot participate in the program more than twice in five years.

Kansas Domestic Violence/Battery Investigations - Johnson County police, and police across Kansas, have special policies surrounding how they must handle violence that falls in these categories. One of the most surprising policies, to many, is that they must arrest the person suspected of committing the crime. There is no leaving to cool down or separating/staying away from one another, instead of arrest, anymore. 

Kansas Domestic Violence/Battery Protective Orders - While you are in custody, or shortly thereafter, the court may grant a protective order that:

• prevents you from abusing the alleged victim and their child(ren);
• prevents you from being in the home;
• orders temporary child support and visitation;
• awards household property to you or the alleged victim, and more.

The court has power to add to this order, as it sees necessary. Further, a protective order may be in effect for up to one year and can be renewed. Should you violate this order you will be charged with an additional misdemeanor where you may be sentenced up to one year in jail.

Kansas Domestic Violence/Battery Dual Arrest - It is very possible for you to be a victim of domestic violence and the aggressor. The responding officer will use the information they gather to determine if the acts of violence, between you and another, were equal. If it is determined that it was, both you and the other party may be arrested and charged with a criminal act. This is an unlikely occurrence but, it is possible.

Kansas Domestic Violence Defenses - even if you were the person arrested and charged with the crime, there are the following defenses:

• self-defense
• defense of property, or
• defense of another

The responding officer should have taken the time to determine if any of these defenses were applicable. If you were arrested nonetheless, you will need to share your story with the court to protect you from conviction.

As you can tell, Kansas aggressively prosecutes domestic battery/violence charges. The jail time and fines are high. Furthermore, the court has wide discretion to put into place orders that can impact your freedom, rights to your children and property, employment, etc. You need an experienced Kansas criminal defense attorney on your side. Call us NOW 913.602.7288. We offer payment plans and easy payment methods. 

Under the Kansas law, and in Johnson County, your DUI charge cannot be plead to a lesser charge. That leaves you with less options than a traditional criminal charge. Here are the four possible ways your case may resolve:

1. Trial. Defending yourself against these charges may be the best option for you. Although difficult, it is not impossible to beat DUI charges;
2. Diversion. If this is your first DUI charge, no one was injured and your BAC was relatively low, the prosecutor may offer you diversion. There are a number of other factors that the Kansas DA may use to determine if you are eligible. It is purely up to their discretion to give diversion;
3. Plead guilty or no contest. We suggest you exercise extreme caution here! Frankly you should not do this one alone. These two may offer you lesser jail time, fines and fees but come at a possible steep, long-term, price; or
4. Dismissal. If the Johnson County, Kansas prosecutor does not have enough evidence (or strong enough evidence) to prove your DUI charge, they may dismiss your case.

DUI charges are aggressively prosecuted in Johnson County and across Kansas. They hold serious consequences. Defending yourself against these charges requires an experienced attorney who understand the complexity of DUIs. Don't handle this case alone. Call us today 913.602.7288. We offer flexible payment options.

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.