Contrary to popular belief, in Kansas, being charged as a first time sex offender does not mean you will be offered (or granted) probation in lieu of prison. Your judge has great discretion when sentencing, as does your prosecutor in its recommendations to the court. The potential consequences depend largely on the type of sex crime(s), your alleged victim(s) and your criminal background.
Consider the case of Jason Cummins, of Johnson County, Kansas, founder and coach of the Arson KC soccer club. He pleaded guilty to attempted aggravated indecent liberties with a child (age 14 to 16). He has one known victim and one known incident. He was granted probation, with a suspended one and one-half years of prison. Cummins is now required to register as a sex offender for the remainder of his life, lost his business and has a felony record.
Jimmy E. Scott, of Lawrence, Kansas, pleaded guilty to the charge of indecent liberties with a child. He had previously been convicted of aggravated indecent liberties (a lesser charge) and was already required to register as a sex offender in Missouri. His victim was the same age as Cummins; however, because of his prior conviction and the age disparity (Scott was 47 the victim was 15) the judge denied him probation. That was even though his attorney and the prosecutor recommended it. Instead he was given three years of prison, will be required to register as a sex offender for the remainder of his life, and has added to his felony record.
On the other hand, Geoffrey David Birney, of Wichita, Kansas, was sentence to 122 months (10 years) for his sex crimes. He pleaded to two counts of aggravated internet trading of child pornography and one count of sexual exploitation of a child. Notice that his charges did not necessarily mean any physical contact was made. He was not offered probation, will be required to register as a sex offender for the remainder of his life, and has three felonies on his record.
Bryan Anthony Hale, of Wichita, Kansas is currently facing one count of producing child pornography, one count of committing a crime involving a minor while registered as a sex offender, one count of providing child pornography to a minor and one count of possessing child pornography. Hale was already required to register as a lifetime sex offender (because of his two prior felony convictions involving a 6 year old victim), and if convicted will likely be given decades of prison time and up to $750,000 in fines.
As you can see, probation is possible but not promised (even when the prosecutor believes it is appropriate). Further, the younger the alleged victim, the number of charges, and having prior sex crime convictions, will drastically increase your potential consequences. One more thing, the best outcomes, in each of these cases, were orchestrated by quality criminal defense attorneys; otherwise, every one of these men were facing 25+ years in prison.
If you, or your loved one, has been charged with a sex crime in Overland Park, Kansas or anywhere across the state, don't wait. Call Attorney T. Morton NOW 913-602-7288.
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