As discussed HERE, protection orders are technically civil matters. However, the requesting party is making criminal allegations against you. Some decide not to fight the temporary orders because they don't want to have contact with the alleged victim anyway. This is flawed position to take where, there are other consequences connected to final protection orders. Here are just five, of the many, reasons you should defend yourself in Kansas protection order requests:

1. The Order may interfere with or cease your contact with your children;
2. You may have to move out of your primary residence, but still maintain some or all of the associated costs;
3. PFAs can appear in some background checks and impact your employment, housing, travel, involvement in your children's activities, citizenship requests, etc.;
4. The allegations may lead to criminal and/or Child Protective Services involvement; and
5. Only you are responsible for following the Order. Meaning you will be the person required to avoid certain places, events, people, contact, etc.. Even if you were there first or otherwise authorized to be present. The other party does not have the same requirement. 

Remember: Kansas takes violations of such Orders very seriously, and criminal charges may result if you violate it's Orders. Better to avoid ever having the Order made.

Call Attorney T. Morton NOW to discuss your options (913) 602-7288. Payment plans are available. 

Child abuse charges sometimes begin with an investigated by the Kansas Department of Child Protective Services (CPS). Do not be fooled by the agency's title. They work directly with law enforcement where necessary. This can also prompt a Child in Need of Care (CINC) case. Here is what one of Attorney T. Morton's clients did to protect themself:

1. Politely declined to give statements when asked contacted about the allegations;
2. Contacted an attorney - Attorney T. Morton. Thereby preventing law enforcement and/or protective services from speaking to them directly;
3. Followed all Kansas CPS restrictions (no contact/supervised contact with any involved);
4. Remained silent about the allegations when speaking to others; and
5. Prepared for the worst possible outcome & ways to remedy any potential issues.

As a result the investigation ultimately was unfounded and not criminal charges were filed. This same formula has worked in cases allegations of sex abuse and physical abuse alike. While your specific case may require different or additional steps, the smartest thing you can do is seek legal advice. Attorney T. Morton is available to discuss your case NOW call (913) 602-7288. Payment plans are available. 

Remember: You are not entitled to a public defender (i.e. free or reduced cost legal counsel) in Kansas CPS cases. A protective services investigation is a separate matter that you shouldn't handle alone. 

Whether you resolve your Kansas case by plea agreement or you are convicted by a jury, a Pre-Sentence Investigation will be ordered (PSI) in all felony cases. Part of this report will include the results of the Level of Service Inventory - Revised (LSI-R). The LSI-R looks at ten categories of your life and how each interacts with the other. The categories, listed from greatest to least importance are:

• Criminal History
• Education/Employment
• Alcohol/Drug Problems
• Companions
• Emotional/Personal
• Family/Martial
• Attitudes/Orientation
• Accommodation
• Leisure/Recreation
• Financial

These categories are scored and used to make a recommendation to the court. It not only will give you a level of risk score but, it will also consider your likelihood of re-offending and/or needs for rehabilitation. The Court will use this to determine if you qualify for the low, mid or high sentence. 

Remember: You can refuse to participate in the LSI-R but, the court can then use its discretion and err on the side of steeper consequences, should it choose to do so. 

If you have pending charges you need an attorney right away! Attorney T. Morton can help you. Call NOW 913.602.7288 . 

Under Kanas criminal law there are a myriad of potential motions that can be filed in your case.  Here are the five most commonly filed:

1. Motion to Suppress - Your attorney will likely use this motion if something in the evidence against you was obtained in violation of your Constitutional rights (ex. no search warrant, failure to Mirandize, illegal search, etc.). This can make-or-break the case against you. This motion has other purposes and can additionally help you overcome the charges against you;

2. Motion in Limine - This is similar to the Motion to Suppress but used to block lawfully obtained evidence from the jury's privy. For instance, this may be used to exclude incredibly gruesome, and otherwise only being used to upset the jury, pictures. This is a complex legal argument that is usually filed in advance but argued once the State moves to admit the evidence;

3. Motion to Dismiss - This motions is meant to have the some or all of the case against you dropped. There exists many reasons this may be filed (ex. no violation of law, lack of jurisdiction, etc.). Be aware that these are not generally successful;

4. Motion to Modify Bond - Once bond, or bond conditions are set, your attorney may move to have those terms adjusted (ex. amount of bond, house arrest, etc.). This must heard by the judge and will oftentimes is objected to by the state. Your attorney's argument for change in terms will be based on case law and Kansas bond guidelines; and 

5. Departure Motions - These should be filed before sentencing. The defense will ask that you receive less penalty than the Kansas Sentencing Guidelines suggests. This motion is multi-pronged and addresses mitigating and aggravating factors, your PSI results, and more. It is also possible that the State argues departure upward (i.e. asking that the Court impose stiffer consequences). If you don't seek departure the Court and prosecutor do not have to on  your behalf.

These are just a few of the potential motions that can be filed in your case. Call an attorney today and find out what may be necessary in your case. Attorney T. Morton serves Johnson, Leavenworth and Douglas County, Kansas and the surrounding counties, and is available to talk NOW 913-602-7288. 

In Kansas City, KS and across the state there are a number of types of potential arrest scenarios:
1. Investigation detainment - Law enforcement may determine that they need to take you into custody pending the outcome of an investigation. After 48 hours you will either be released or formally charged with a crime;
2. Arrest Warrant- The details of an investigation are forwarded to the Kansas prosecutor. That office will have sole discretion about what, if anything, you are charged with. They will then seek a warrant for your arrest. This can be long after the alleged crime, and you can be taken into custody anywhere;
3. Bench Warrant - If you have been given notice and missed court the Court can issue a bench warrant for your arrest. If you are out on bond this will cause your bond to be revoked. These do not expire and can be executed anytime and anywhere;
4. Indictment - A grand jury will issue an indictment and the result will be an issuance of warrant for your arrest;
5. Governor's Warrant - Fugitives are issued governor's warrants.  Currently, if you are arrested out of state, Kansas is extraditing (they will hold you in custody in another state and then come pick up) on all felony cases; and
6. Immediate arrest - Kansas police have the discretion to arrest you immediately based upon what they witnessed, witness statements, their investigation, etc. They will be searching for probable cause. If they have it they arrest you on the spot.

If you have been arrested or you know you have an active arrest warrant, you need an attorney right away! Attorney T. Morton can help you. Call NOW 913.602.7288 .

As describe in previous posts, a criminal investigation will likely begin your interaction with Kansas City, Kansas law enforcement. This can come in the form of anywhere from a traffic stop to arresting you for a warrant. While the officers have discretion, their purpose is to protect the community and  keep the peace.  Here are the tips:

• Remain silent
• Don't answer questions without your attorney present
• GET AN ATTORNEY
• Protect your privacy 
• Refuse requests to search your person, your belongings, your home, your car, etc... (if they have the legal right to do it they won't ask you)

Remember: What you are charged with today may only be the beginning of a growing case against you. 

If you are currently, or have been, involved in a criminal investigation you need an attorney right away! Attorney T. Morton can help you. Call NOW 913.602.7288 .

You have reached the final phase in a criminal case. Step 11 is sentencing. This comes after the PSI and if there are departures those must be addressed at this time. It is a separate hearing because it determines your freedom and future rights. Watch this video but don't handle this alone. Call Attorney T. Morton (913) 602-7288. 

To determine what your punishment will be the Court will order a Pre-Sentence Investigation Report. This will reveal your prior criminal history and a somewhat psychosocial exam will be administered. The outcome will absolutely impact where you fit on the sentencing grid and the final orders of the court. You can have and/or change representation at this phase. Attorney T. Morton suggest that you do. If you have questions about your case call NOW (913) 602-7288. 

If you took your case to trial then you will reach Step 9 - Criminal Case Verdict. The actual trial is unbelievably complex and should be ventured alone. If you are anticipating trial never forget that the prosecutor has likely done myriads of these, the judge cannot advise you, and you will waive critical rights if you are not aware of each. Call an attorney TODAY before your case gets to this point (913) 602-7288. 

Across the state of Kansas your criminal case may reach Step 8 - Arraignment, Pre-Trial and Trial. If you have a felony case and there is a finding to proceed during preliminary hearing, or you waive preliminary hearing, you will be arraigned. In instances of misdemeanors and felonies (after arraignment) the matter will be set for pre-trial and trial. That is unless you resolve your case in another fashion (i.e. dismissal, plea agreement, Diversion, etc.). This video will give you a preview of what to expect in each of these phases. First thing you should do after watching this series is call an attorney. Representation is critical if your case gets to this stage. Attorney T. Morton can help (913) 602-7288.