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