The last blog discussed what to expect during a Kansas police investigation. This blog will focus on the commonly used interrogation style called the "Reid Technique". Again, by the time law enforcement has decided that they need to speak with you, they believe that you have committed a crime and need only confess. They will limit your how much you speak and apply pressure to get you to admit to a crime. Here are the 9 steps:

1. Confrontation. You've probably seen this done in a movie. This is where you will be confronted with information about the crime and be told that they "know" you were involved and just need your side of the story. This is not hostile, is only a warmup of things to come, and allows for Kansas police to watch how you behave;
2. Theme development. The officers are next trained to encourage you to align with a storyline that involves your guilt. They may offer you excuses or seeming defenses, which they hope will allow you to justify (but incriminate) your actions. They can, and will, lie to you about what they know. Typically, this is the longest step in the Reid process;
3. Stopping denials. Kansas police believe that if you bought into a theme in Step 2 that you probably are guilty of the crime. However, if you continue to proclaim your innocence, they will interrupt, interject or reject all of your efforts. This will work to make you think that you have no defense and that they know the "truth";
4. Overcoming objections. If you give a reason you didn't commit a crime, after Step 3, this is considered progress to law enforcement. The Reid Technique teaches that this is only done by the guilty. They will listen to your reasons, shift away from a hostile tone, and coax you towards accepting responsibility;
5. Alignment. Here law enforcement will try to appear sincerely concerned for you, how much pressure you are under and how scared you feel. They may enter your personal space, talk you you with a caring tone, and make efforts to keep you engaged. You know. Like a friend would. Kansas law enforcement will want you to believe you can trust them and they are only there in partnership with you;
6. Sshh and Listen. By this step you are likely worn down. At least Kansas police hope so. You will raise little-to-no objections or proclamations of innocence. You will begin to look to law enforcement for relief. They want you looking deflated and keeping eye contact. If you cry. BINGO! They know you have caved;
   
7. Alternatives. Continuing to fane caring, investigator will give you a choice to pick from a terrible or less-than-evil rationale (theme) for your crime. This will likely start in the small details (which are admissions) and continue until you adapt the theme as your own. They don't care what theme you pick. Either way you've made admissions of guilty;
8. Conversation. Now that you have accepted a theme, the investigators will turn this into a conversation about the facts and details surrounding the crime. There will probably be another officer present (so that there is a witness to your admission) and you will be encouraged to talk about your theme of guilt. It is possible here that they will go back to your prior denials or objections and ask you to admit those were false; and
   
9. Confession. Now all that is left is for you to voluntarily affirm your statements of guilt. This can be done orally but, likely will be done in a written statement that you will sign. You will be taken into custody and begin the criminal prosecution process.

Remember: Anytime you are under investigation (whether it be for theft, a sex crime, etc.) you are up against trained professionals. You cannot simply outsmart or outwit them (although they are hoping you are silly enough to try). 

It is hard, but not impossible, to overcome signed or oral confessions. For that reason, anytime you have been arrested, or asked to give a statement, you should be represented. If you are in such a circumstance feel free to call Attorney T. Morton (913) 602-7288. Payment plans are available. 

Did you know that Kansas police go through multi-day trainings to learn how to interrogate you? One of the most common forms of interrogation is called the Reid Technique. This form of questions is coming from the position that you committed a crime and now must confess. Here are the typical steps they will take while getting your statements:

1. Develop a relationship with you. The police will first set out to help you feel comfortable and taken care of (ex. get you food, water, smoke, etc.). This will allow you to let your guard down and begin to believe that the matter at hand requires no defensive position from you;
2. Establish your normal behaviors. Kansas investigator will make "small talk" with you and then begin asking you questions that are seemingly mundane. However, during this time the police are watching your behaviors for what your normal eye contact, body language, voice inflections, etc. are. This will allow them to later determine when you are uncomfortable, withholding information or flat lying;
3. Escalate the questions. The police are then trained to provoke you to assess when you veer away from the normal behaviors displayed above. Now they will believe they have a comparison to when you are comfortable versus when you are not. Given that this technique was developed by a former lie detector administrator, this process makes sense; 
4. Begin interrogating you. There will be a blog that later describes the interrogation process of the Reid method. Generally, the police will prey upon your human psychology in an effort force you to confess or give details that support your guilt. Yes. They may lie to you during this process. You will probably believe that you cannot exit this conversation without looking guilty and so you wont; and
5. Close. If you haven't already, the Kansas investigators will be looking for you to make of confession guilt and sign a written report with those details. It is likely that, even if you don't fully confess, that you have given enough to justify probable cause for your arrest at this point. 

Remember: You have the right to remain silent and you should. You also have the right to an attorney. The first thing you should do is call one immediately. 

Attorney T. Morton suggests that you never participate in an investigation without representation. If you have been contacted by Kansas law enforcement,  or have been arrested, call NOW (913) 602-7288. Payment plans are available. 

Arrest is never the first step in a sex crime in Kansas. Rather, sex crimes investigations can take weeks, months or even years before you are arrested. Here is what you should know about Kansas sex crimes investigations:

1. Not all sex crime investigations are created equal. Depending on the allegations against you (ex. rape, crimes against minors, child pornography, etc.) Kansas law enforcement may be watching you (ex. your internet searches, chats, etc.) and/or they may have been contacted by an alleged victim. This will launch an investigation;
2. In any case, the next step will be gathering evidence against you. In some instances you will be immediately contacted for a statement. In other cases they will be setting their sights on tying you to the alleged sex crime. This can be sting operations, physical evidence, DNA, text messages, victim statements ("trauma informed investigation"), witness statements, etc.;
3. Developing a timeline of events. Besides searching for evidence against you, Kansas law enforcement will be taking active steps to ensure that they can link you to the crime and the details surrounding it. Timelines are important to sex crime cases, and work to diminish some of your possible defenses (ex. alibi). Sometimes this will unveil multi-count criminal charges;
4. Determine if you have a grooming, premeditation or modus operandi (m.o.). Kansas sex crimes investigators are specifically trained in this area. They will be working hard to determine what makes you tick, what habits you may have, what are your target victims, how do you find those you commit crimes against, etc.. Understand that they are not looking for what proves your innocence. Instead they are looking for what supports their case. This too can help them uncover other bad acts or possible victims;
5. Secure and execute a search warrant. They may ask you for evidence; however, it is more likely that if the police need additional evidence against you they will request a search warrant. This may allow them to come to your job, family's home, your home, college dorms, school, etc. to search and collect evidence against you. Many have had their phones, computers, tablets, cameras, video game consoles, work equipment, etc. taken. They may also be looking for more obscure evidence (ex. clothing, drugs, DNA swabs, etc.). Search warrants can also allow investigators to demand things outside of your immediate control, to include: credit card statements, chat room conversations, deleted conversations/data, security tapes, car rental history, etc.. You will not be notified of the impending search so that you cannot destroy evidence; and
6. Warrant for your arrest. At any time, if Kansas law enforcement has enough probable cause to support that you committed an unlawful sex act you can be arrested. Regularly it is by way of a warrant being issued for your arrest. Like the search warrant, Kansas law enforcement can come anytime and anywhere. This will start the criminal court process related to the charges against you.  Many are surprised by their arrest. You will be notified of your formal charges during the first appearance. Most sex crimes are charged as felonies and bond is frequently high. 

Tips: If you have landed on this blog you likely know, or have suspicion, that you are under investigation. First of all, don't ignore that. Get a sex crimes defense attorney NOW. Second of all, refuse to give statements or possessions. Finally, don't talk about this with anyone but an attorney.

One more thing. If the allegations are surrounding your child(ren), you have or work with children, a separate, but simultaneous, abuse investigation will occur involving Kansas Child Protective Services (DCF). Anything you say or do in those cases will be cross-shared with Kansas police. 

Sex crimes are aggressively prosecuted in Kansas, and have lengthy prison and public offender registration time attached (ex. Jessica's Law and off-grid felony). Click HERE to see the sex crimes sentencing grid and to find out more about your specific circumstances. You do have defense and it is possible to avoid being charged with a sex crime. Call Attorney T. Morton today for your free consultation (913) 602-7288. Payment plans are available. 

Being investigated, have a warrant or already arrested in Kansas? Then you are probably aware that you need a criminal defense attorney. The necessity of counsel is so great that if you are indigent you may qualify for a free, or low cost, attorney. If you prefer to have private counsel, as many do, then this is likely something you haven't been saving up for. Who saves just in case they get in criminal trouble, right? For that reason, Attorney T. Morton strives to meet you where you are at. Here is a general breakdown of how much it costs to hire this office:

• Sealing or Expunging Kansas criminal cases (to include juvenile matters) - $2000
• Responding to Asset Forfeiture Letter - $750
• Probation/Parole Violation - $3500
• Protection from Abuse Petitions - $3500
• Kansas Criminal Misdemeanor - $5500
• Kansas Criminal Felony - $7500​

Payment plans are permitted. Since the cost of an attorney is often unexpected and it may take you some time to gather funds, payments are allowed; however, 1/2 of your fee must be paid prior to entry of appearance and the remainder is due in 90 days, or before the final resolve of your case, whichever comes first. 

Remember: The complexity of your case and number of crimes involved will cause your fees to increase and vary. This fee will include all matters directly related to your case up to trial; however, some Motions and matters will require additional fees. If your case is, or becomes, more complex than initially disclosed the fee may also increase. All fees are fixed and non-refundable because efforts and resources devoted to your case, and/or conflicts of interest inherent in said matter, may preclude your attorney from accepting other engagements. Should you decide to take your case to trial we will discuss the trial plan and the additional costs required.
 
The best thing you can do is call a lawyer today. All forms of payments are accepted, to include credit cards (Visa, MasterCard, etc.), PayPal, Zelle and Venmo. Call NOW 913-602-7288 for your free consultation and to protect your freedom. 

Anytime you are suspected of driving under the influence Kansas law enforcement can lawfully request that you submit to testing. If you either refuse or physically cannot complete roadside test, the officer may request that you to submit to a blood test.  However, this is a request not something they can automatically force you to do. If you agree to your blood being drawn you likely will waive all potential objections to the findings. If you refuse to allow your blood to be drawn the officer must request a search warrant to complete the task over your objections. Similarly, if you require medical treatment related to an accident, injury or illness the Kansas police cannot force the hospital to draw, or release, your blood without a valid warrant. In fact, if your blood was gained by law enforcement unlawfully, the related results may be inadmissible in the case against you. While you have the right to refuse, and if your blood sample was not collected or provided to the police immediately, just know that the Court's have the authority to issue warrants to the hospital (weeks and months later) if cause is established. 

Remember: It is your right to refuse DUI roadside testing and/or blood testing; however, driving is a privilege not a right. You may have separate consequence, related to your driver's license, for refusing. Click HERE for more information.

Whether you submitted to roadside or blood DUI testing (even if you failed), or refused, you still may have defenses. Call Attorney T. Morton TODAY to find out more about hiring a DUI defense attorney (913) 602-7288. Payment plans are available. 

Did you know that the Kansas police have rules too? In fact, you may not feel like it but, the rights are yours to have and protect. Where law enforcement exceeds their authority, to search or seize, they may have violated your United States and Kansas constitutional rights. If so, in a criminal case, you may have some or all of the evidence against you suppressed or excluded. That can make or break the case against you. Here are some ways they may have violated you:

• A lawful traffic search turns into a search of your entire car and/or it's contents without probable cause or reasonable suspicion;
• Their search warrant allows them to search your car and they search your home;
• A search carried out without a warrant or otherwise lawful reason;
• Taking you into custody without a warrant and/or probable cause;
• Obtaining your credit card, cellphone, bank records, etc. without warrant;
• Demanding DNA testing without authorization via warrant; and more.

Remember: If the police have just cause to search or seize you or your belongings they don't have to, and won't, ask you to allow it. BUT you can waive all of your rights by granting them the consent to search. Then they do not need a warrant, probable cause or reasonable suspicion. As a result, whatever comes of that process likely will be allowed as evidence in the criminal case against you.

How do you protect yourself? Respectfully decline or object to searches and seizures, if asked for permission. Your attorney will then address this in court if Kansas law enforcement unlawfully proceeded. If you are not asked then your only option is to raise your objections by motion to the Court. 

Johnson County, Kansas police, and other law enforcement (sheriff, highway patrol, FBI, etc.), do make mistakes. Even if you think the case against you is rock solid, you should have a lawyer review the discovery (i.e. the State's evidence against you) to see if your 4th Amendment or other rights have been violated.  Attorney T. Morton is available to talk NOW (913) 602-7288. Payment plans are available. 

Whether you are under the supervision of the Johnson County, Kansas district court or any probation or parole office statewide, it can be easy to violate the terms. This will prompt your probation officer to request that your probation be revoked. This is a request and not something that is automatically granted. That is why the matter is set for a hearing before the Kansas court. If you have underlying jail time it is possible that you may be forced to serve some or all of it. Here are five things you can do, based on the most common violations, to avoid revocation:

1. Review the notice of violation and fix the issues (ex. if you are being revoked for failing to pay fines or fees, pay those);
2. Contact your probation officer and follow their directions. The Kansas Courts often follows the recommendations of the State (prosecutor and probation/parole officer). You can use that in your favor where, if you can get he/she to understand your circumstances they may advocate to allow you to remain under supervision. They have a lot of discretion about when, how and why to request revocation;
3. Trail a revocation hearing behind a new case. If your revocation is based upon a new criminal matter, you should avoid having revocation heard before the final resolve of the new case;
4. Defend yourself. Not all revocations are valid. There can be a number of defense you may have to the request to revoke (ex. You have not been reporting because you were in custody, in the hospital, etc.); and
5. Negotiate the terms of revocation. Not all requests for revocation are baseless. In fact, most are valid reasons to revoke. Sometimes the best resolve is what the outcome of revocation will be. There are a number of ways, besides strictly serving jail time, to address a revocation.

Remember - If you are on a Diversion and the State moves to revoke you are at risk of losing all the the benefits of that and facing the consequences of the underlying charges. Many Diversion agreements have you waive the right to trial, and stipulate to the allegations of the crimes, related to the facts of the original case; therefore, you will move to the penalty phase once a finding for revocation is made. 

These are serious matters and your freedom is on the line. If you are facing probation or Diversion revocation in Kansas City, Kansas or across the state, don't hesitate to contact Attorney T. Morton TODAY (913) 602-7288. Payment plans are available. 

You may have a warrant for your arrest for any number of things, including:

• Failing to appear at scheduled criminal court (bench warrant)- If you do not go to court as scheduled, the Court may issue a warrant for your arrest. If you are out on a Kansas felony bond and fail to appear you may be facing an additional felony charge (aggravated failure to appear);
• Charges filed after a crime (arrest warrant) - If there is probable cause to believe that you committed a crime a warrant may be issued for your arrest. No. You do not have to know this exists. Yes. They will arrest you anytime and anywhere (even out of state);
• Violation of probation or parole (bench warrant) - This can be for violating any of the terms (ex. failing to pass or take drug tests, unpaid fines or fees, new criminal charges, etc.). These often prompt no bond holds;
• Out of state warrants (extradition or Governor's warrants) - Criminal warrants, especially felony but can be misdemeanor, for another state or Kansas will cause law enforcement to hold you pending the issuing state's arrival. Leaving the area of your crime and/or a long time passing will not make a difference. You can be held for weeks, or even months (within reason), waiting for extradition. There will be no bond until you appear before the controlling state;
• Violation of bond conditions (bench warrant) - Much like a probation violation you can violate terms of bond. Your bondsman can ask the Kansas court to revoke your bond and so can your signer. The Court can also do this on their own. This will likely result in an increase in bond and a demand for collateral if anyone will bond you out;
• Failing to pay child support (bench warrant) - Kansas believes this to be a matter punishable by confinement. It is a violation of a Court order to fail to pay for a protracted period of time; 
• Failing to report for terms of imprisonment (bench warrant) - If you were granted leave to report to jail/prison at a later date, and you fail to do so, a warrant will be issued for your arrest. You will then be facing new charges and be held to complete the ordered time once law enforcement gets you into custody;
• Failing to register (sex offender or violent crimes) (bench warrant) - It is unlawful, and in case of sex crimes a felony charge of it's own, to fail to register during all required periods. Even if you are homeless you must register at all times; and more.

Remember: Arrest warrants do not expire and Kansas is known to extradite those who leave, or are outside of, the state.

Will the police come looking for you? Probably. Especially if it is an arrest warrant, felony/violent/sex crime. Otherwise, if you are on bond, the bounty hunter will likely come to get you first.

HERE is the link to Johnson County, Kansas' warrant search. If the county you believe your warrant is from doesn't have an online access an attorney can find out for you. Don't wait to handle these matters on your own. It won't just go away. Plus, once you resolve the warrant you still will have the original matter to handle. Call Attorney T. Morton today (913) 602-7288. Payment plans are available. 

In Johnson County, Kansas and all across the state there exists the crime of telephone harassment. You can read more about this crime HERE. The defenses to this crime vary by your circumstances but below are several that are frequently used:

• Calls were not meant to harass;
• Contact was not obscene;
• Contact was appropriate in the circumstances;
• Calls were made during normal business hours;
• No threats;
• Inability to link you to contact made;
• Lack of culpable mental state (ex. intentionally, knowingly, etc.) 
• False or exaggerated allegations; and more.

Unfortunately, where a telecommunication harassment allegation is involved it is often accompanied by a pending divorce, child custody battle, visitation issues, retaliation (related to failed relationships, breakups) or other family matter involved. Attorney T. Morton is able to help you navigate both scenarios. 

Remember: This is charged as a misdemeanor but does carry jail time penalties, and can later impact your custody, job, housing, travel, etc.. in Kansas and outside of the state.

You need a defense attorney. Call Attorney T. Morton TODAY  (913) 602-7288. Payment plans are available. 

Criminal case warrants do not expire. Kansas often extradites on felony warrants and sometime on misdemeanor cases. If you, or someone you know, have an old case, or a matter you want sealed, now is the time. Many clients consider using their tax return refunds to give them peace of mind throughout the remainder of the year.  If you hire Attorney T. Morton to help you before April 1, 2024, for warrant or sealing your record, she will extend you a $500 discount. 

Don't wait.  Call Attorney T. Morton NOW, for your free consultation, 913.602.7288. Visa and MasterCard payments accepted. Payment plans are available.