If you are facing a drug crime (ex. distribution, possession, etc.) in Johnson County, or across the state of Kansas, you probably would like to know what your potential punishment will be. In Kansas, should you be convicted, the judge will be given discretion and will use a sentencing guideline grid. This grid
A drug offenses has severity levels ranging from 1 to 5.
Your prior criminal history is A through I, level A being the most serious and Level I being the least serious.
The grid then affords you sentences ranges:
We are frequently called, and asked, if a crime on your record (no matter how new or old) stemming from Johnson County, or across Kansas, can be sealed or expunged. We'd like to share with you the top reasons others have not qualified:
You may have been arrested, or you are being investigated, for a crime in Johnson County, Kansas. If so, you may be wondering if a formal case will be filed against you. This blog will offer you insight into how that decision is made.
You should recall that to be arrested, the police (or law enforcement) only need probable cause. Having enough reason to believe that you committed a crime is enough. They will then make a report, gather any applicable evidence (ex. witness statements, physical evidence, photos, etc.) and either take you into custody or give you a ticket. However, that does not necessarily mean that formal charges will be filed against you.
The information used to make your arrest will then be forwarded to the Johnson County, Kansas prosecutor. The prosecutor assigned your case will then review this evidence. They have a higher burden than that used to arrest you. They will be working to determine if there is enough to support finding you guilty beyond a reasonable doubt. As we discussed in our blog yesterday, that burden is the highest standard - a finding a guilt beyond, and to the exclusion of, reasonable doubt (an abiding conviction of your guilt).
Following this review, if the Kansas prosecutor does not believe that there is enough to convince a jury of your guilt, then they will not file formal charges. Of the many cases he/she may review only a small percentage of the cases will result in charges being filed. Sometimes, it takes the effort of your attorney (i.e. speaking with the Kansas prosecutor, filing motions, etc.) to convince the prosecutor that they do not have enough to move forward.
If you have been arrested, are under investigation or have been formally charged with a crime you need an attorney. We are here to answer the questions unique to your case and provide you with aggressive defense. Call NOW 913.602.7288. We are available on the weekends and offer flexible payment plans.
We find those who have been to court, particularly for non-criminal matters, confuse that experience with being charged with a crime in the Johnson County, Kansas criminal courts. Today we will share with you some of the differences:
Click HERE for more information about the Johnson County, Kansas criminal justice process.
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.
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