You may have to fight your sex crimes charges. The Kansas City, Kansas (and statewide) prosecutors are typically more aggressive about these cases than others. Plea agreements are usually not desirable. You are likely wondering what are some defenses, that are based in law, that you can assert for such a crime. While your circumstances, and the allegations in your case, will determine if these are appropriate for you, each can be successful. Here are some:

• Consent. You may not be able to deny sexual contact. Especially if there is evidence this occurred but, there is no crime (except in some cases involving minors) if there was consent. Your attorney will take a careful look at whether there was evidence of force (ex. rape), the behavior of the alleged victim after sexual contact, witnesses, reliability and credibility of your accuser, etc. to support your defense;
• False accusation. Unfortunately this happens all too often (especially in Kansas child custody and breakups). You may have been blindsided by the allegations and certain that no sexual contact happened. Your attorney will have to work hard to create a timeline, review the discovery and investigate the facts in your case. If this is involving your children beware of DCF involvement;
• Alibi. Your accuser will be asked about the details surrounding the incident(s). This will include location, date and time. If you can not be placed, or shown to have access to the person/thing involved (ex. you were at work), and you can show you were somewhere else, you have an alibi;
• Insufficient evidence. Just because the Kansas prosecutor believes there is probable cause for charging you with a sex crime doesn't necessarily mean there is enough to prove it to a jury. The less proof a crime the weaker the case. In fact, part of your lawyers role will be to seek to suppress and/or exclude evidence, where applicable, to weaken the State's case; and
• Mistaken identity. Particularly related to online, phone, text, chat room and/or electronic communication (ex. internet solicitation, sexual exploitation, etc.), it may be difficult for the State to prove it was you that was making the contact. This is even harder for the Kansas prosecutor when the mode of communication was public, had multi-users and/or there is nothing directly attached to you. 

Tip: Previous sexual history of the alleged victim, and/or that they have made prior reports of sex crimes likely will not be heard by jury. The Kansas prosecutor will object to "victim blaming" and admission of previous bad acts. It will be up to your attorney to overcome those objections where lawfully possible.

Each of these defenses can be developed to tell your true story. Always remember arrests do not equate to guilt. It is possible that you are facing a lifetime of consequences, or prison time, and you need a quality defense. Call Attorney T. Morton NOW (913) 602-7288. Consultations are free and payment plans are available. 

Being charged with a sex crime, of any sort, can be compounded by additional misdemeanor or felony charges. Whether you are charged in Johnson County, Kansas or anywhere across the state, this will increase your potential penalties. Here are some of the crimes that are often charged alongside Kansas sex crimes:

• Kidnapping - this charge although it has 'kid" in the name can actually be charge where adults are involved. It is charged as a felony and if considered an aggravated charge you will be facing over 20 years in prison for just kidnapping;
• Unlawful interference with parental custody - this can be charged in both a custody battle and a sex crime crime case. However, in a sex crime case it is charged as a felony in Kansas. You can be facing one year to several more years (if aggravating circumstances) prison;
• Solicitation - you need not have actual sexual contact in this circumstance.  The Kansas prosecutor almost always charges this if there is any evidence of online, phone/text, chat room, social media, electronic, etc. contact. If there is a child (minor 14 years old or less) involved you will be facing life in imprisonment for this charge;
• Attempt, conspiracy or accessory  - you can be charged for what you planned, tried to do, or someone else actually did but you were part of. These designations can attach to nearly all sex crimes (ex. attempted rape). Depending on the charges you could be facing well over ten years of prison for these;
• Drug charges - almost always there is an element of drug charges with sex crimes. It can be because you were alleged to be in possession of drugs (or paraphernalia), or because you are alleged to have used drugs in your crime. This can be a misdemeanor charge, where only probation is the potential outcome. It can become part of an aggravating circumstance (i.e. felony) that escalates your possible penalty to life in prison; 
• Contributing to the delinquency (child's misconduct or deprivation) - the juvenile does not have to be prosecuted for unlawful behavior for you to be charged for your role in the behavior. In fact, the child likely will be the State's witness. You can expect this charge if the child was a runaway too. You will be facing anywhere from months in jail (misdemeanor) to over five years in prison (felony) for this charge;
• Federal sex crimes - the moment your charges involve crossing of state lines, the Kansas government, traveling the airways, communicating with out-of-state persons, the mailing system, etc. you may be facing Kansas federal prosecution. It will be up to the feds if they will defer to the Kansas district court or if your case will be handled in federal court. Anytime federal charges are involved the penalties become higher and the possibility of beating your case becomes less. 

Remember: Speaking to Kansas police, or law enforcement, without an attorney is not in your best interest. 

Even if you are only under investigation at the moment you need representation. A simple allegation can quickly snowball into a multi-crime matter. Don't wait to call Attorney T. Morton (913) 602-7288 to discuss your situation. Consultations are free and payment plans are available. 

The unfortunate fact is, that many car accidents are as a result of a traffic or criminal violations (ex. DUI). Kansas roadways have specific rules and assignment of liability for violations, that cause an accident, and can be divided between parties. It can also be that one party if fully responsible for the accident and your resulting injury. The value of your accident can be determined by some of the following:

• Your injury and the seriousness of it;
• The permeance of the damages caused;
• Your future medical expenses (ex. surgery, physical therapy, doctor's appointment, etc.);
• Losses suffered in your personal relationships;
• Any psychological damages (ex. PTSD);
• Loss of income (present and future); and
• Pain and suffering (this can be assigned a cost); etc.

Personal injury, because of a car accident, can be valued at hundreds-of-thousands to millions of dollars depending on the circumstances. It is a statical fact that if you handle your case without a lawyer you will receive less than those who have one. Don't wait. Call Attorney T. Morton today (913) 602-7288. Consultations are free. 

Kansas is still fighting "the war on drugs" and have ongoing efforts to stop and penalize those involved in drug crimes. That includes:

• Drug possession of a controlled substance
• Possession with intent to distribute
• Paraphernalia
• Tax Stamp Violations
• Manufacturing
• Trafficking
• Prescription Fraud
• DWI or DUI

The arresting officer is given wide latitude to decide what to arrest you for, and the prosecutor can always amend and increase your charges. Many, especially those with seemingly large quantities or various drugs are not drug dealers. In fact, most are suffering from addiction but, depending on the type of drug (ex. meth, cocaine vs. marijuana) you may need less amounts to reach felony possession with intent. The Kansas police, and prosecutor, will also be looking for other facts that support felony charges (ex. large sums of cash, multiple phones, scales, baggies, manufacturing equipment, etc.). You can expect increased charges (and more aggressive prosecution) if weapons, particularly guns, are also present. If you are on a military base or any government property (ex. Kansas state parks), traveling across state lines (ex. Greyhound, airplanes, trains, buses, rental cars, etc.), or mailed/shipped drugs, you may be prosecuted by either the Kansas district court or the Kansas federal courts. 

Tip: Find the sentencing grid and some defenses by clicking HERE.

There has been an uptick in marijuana arrests when it was bought lawfully out of state (ex. Colorado, California, Missouri, etc.) and enters Kansas. That was the case for the client who was charged with felony possession with intent. Probation was granted for a number of reasons, one of which was how the client managed their case outside of court. Some of the other reasons included motions to the court, negotiations with the prosecutor, support of friends and family, etc.. This is possible even if you have made admission surrounding the drugs and/or given other statements.

What needs to happen in your case to help you avoid serving prison time for Kansas drug charges will be unique to you. Some of the alternatives to prison time are Diversion, probation, suspended jail time, rehab, house arrest, etc.. It is also possible that you must fight your drug charges at trial. If you have been charged with any of the above crimes you should call Attorney T. Morton TODAY (913) 602-7288. Consultations are free and payment plans are available. 

Looking for a criminal defense attorney in Kansas but worried about the cost? Here is the order of cheapest to most expensive criminal defense attorneys:

1. The public defender ($0 - little-to-nothing). If you are indigent you still have the constitutional right to an attorney to fight your Kansas criminal case. It is a very real reality of many that without this service they would not have a lawyer at all;
2. New lawyers ($150+ per hour). Those who have recently graduated from law school and just passed the bar can open their own criminal defense practice. Yes. Straight out of law school. That doesn't necessarily mean they have no legal experience, it just means they are new to being an actual attorney and charge accordingly;
3. Flat fee lawyers ($3500 - $7500+). This takes the guess work out your costs and allows you to fully communicate with your attorney without fear of hourly billing. Typically, the years of experience can be the same as those with five or more years but, they have decided to take a different billing approach; however, if you decide to take the case to trial, or it becomes more complex than initially discussed, expect additional fees; and
4. Mid to Longtime Career Lawyers ($300+ per hour). If these lawyers spend 40 hours on your case you are already looking at $12,000. The more experience an attorney has the more you will likely pay. You are then not only benefiting from their degree but also their knowhow, experience, connections, etc..

Tip: If you are asked for retainer fees (ex. $1000) make sure you ask about the hourly rates thereafter. Most bill on the quarter hour (15 minute increments). Know that a criminal case from start to finish can easily take upwards of 60 hours. You don't want to make life altering decision for fear of additional costs.

The cost of a Kansas criminal defense attorney is not the only deciding factor. Their availability, interest in your case, ability to explain things to you in a way you can understand, your comfort with them, your trust in their work, etc. all play an important role.  If you would like to discuss your case with Attorney T. Morton call NOW (913) 602-7288. Consultations are free and payment plans are available. 

The adage goes, "A fool has himself as a client." Self-representation is highly risky and discouraged but, here are some tips for beating your Kansas criminal case, if you so choose:

• Say nothing to no one about your case. That includes law enforcement, friends, potential witnesses, the Kansas prosecutor, etc.. That protects your privilege. If you don't have an attorney the district attorney will talk to you but, you shouldn't need to talk about your case details, or your defenses, because anything you say to them can be used against you later;
• Get your discovery. The evidence against you will be contained in the discovery. If the State does not give it to you automatically (which they should) then you must file a demand motion for it. Also, if you have good cause to believe that evidence is being withheld you must make a formal demand for that too. Depending on what county your case stems out of, you may have to make are a request for bodycam footage, videos, patrol footage, etc. directly to the law enforcement agency. Learn now the rules of discovery, it will serve you in later steps;
• Locate your own evidence and witnesses. If you have defenses or evidence that will disprove the case against you are responsible for securing it. You may need to file subpoenas (ex. for appearances of witnesses, business records, phone records, etc.) so the sooner you identify those the better; 
• Duty to confer. Self-represented people (pro se) have the same duties as attorneys. You must see if there things you can work out without the Court having to step in. That is not to say that you must find a resolve in your criminal case though. Rather, some things you don't have to bother the court with (ex. requests for continuance, scheduling times to view discovery, list of witnesses, etc.);
• File motions. This step is crucial. It is also where you are most likely to be met with aggressive objections and a response motion. It can make or break your case. Imagine if you successfully suppress some or all of the evidence against you, right!? That is one, of many ways, to reduce or eliminate the case against you. You are responsible for asserting your rights (through written motion) and making oral arguments in court. Many of your rights, if not timely sought, become unavailable to you in the future. (See this page's prior blog for some of the most common motions filed);
• Prepare for preliminary hearing. All felony cases have the right to this hearing. The question before the court becomes, "Was a crime committed? And was it likely committed by you?" This hearing is akin to a trial; however, it is presented to the judge and you will not testify. However, you will be given the opportunity to cross-examine the State's witnesses in the case. If you are successful in the phase, some or all of your case can be dismissed. If not, the matter will be set for trial;
• Prepare for trial. If you lost the preliminary hearing you will be arraigned and the case will be set for trial. Kansas criminal courts typically do this on the same day. You will be given pre-trial and trial dates, along with a schedule of events (i.e. when all jury instructions are due, when all final motions must be filed, etc.). Make yourself familiar with the rules of procedure and discovery, testimony and examination of witnesses, construction of jury instructions, opening and closing arguments, selecting a jury, use of exhibits and/or demonstratives, etc.. Prepare for any objections that you need to make (through review of case history and Kansas rules) and how to respond to those the State makes. These can happen before, during or after trial;
• Pre-trial conference. This is your last chance to resolve many of your concerns surrounding the impending trial and what the jury will hear. The prosecutor almost always is giving notices and make demands during this hearing. This is also where you will be addressing the submitted jury instructions. If you didn't submit those, or raise objects, the State's will likely be adopted;
• Prepare to testify. If you are planning on testifying in your case it is complicated to conduct a direct examination of yourself. Also, if you are on the stand you are subject to cross-examination by the State and will have to simultaneously make objections, if necessary. Preparing during the above step will be helpful in this part. You can also exercise your right to remain silent; and
• Prepare for sentencing. If you got this far, and lost some or all of your case, you will be scheduled for sentencing. Felony cases will have a pre-sentence investigations (PSI) completed. You have the right to raise objections to the findings of the PSI report (usually the criminal history calculations) before sentencing. This is also where you can make requests for downward departure from the sentencing guidelines. The Kansas prosecutor may ask for upward departure, and you should be prepared to argue against that. Be certain to have a statement to give to the court and to argue alternatives to incarceration (ex. rehab). Also be aware the victim in the case may give, or write, a Victim Impact Statement.

Remember: The State's attorney has likely handled hundreds of Kansas criminal cases. They are not required to, and won't, help you maneuver the processes. The judge can't and won't either. 

While it is not impossible, it is ill-advised to represent yourself in criminal cases. Especially if you are facing jail time, felonies or sex crimes.  If you try to beat your case alone and it starts to go wrong (and you will know it) you can all Attorney T. Morton at (913)602-7288 and hire her to step in. Consultations are free and payment plans are available. 

Anytime Kansas law enforcement asks your permission to act you should take pause. That is because you are likely giving away a bundle of rights that they otherwise wouldn't automatically have. The same goes for Waivers of Extradition, which can come in a few of forms:

1. Waiver of as a Condition of Bail Bond: If you are facing felony charges in Kansas but you are not a Kansas resident, you may be asked sign a waiver as a condition of bond. It may be in your interests to do so if you must return to your home state to work, live, raise your family, etc. pending the outcome of the case;
2. Waiver as a Condition of Probation/Parole Interstate Compact: As terms of probation or parole, to have it supervised by another state, you likely will sign a waiver. Kansas wants to ensure that if you violate terms of your release you can immediately be returned to Kansas; and
3. Waiver Following Arrest (Fugitive from Justice): If Kansas has issued a warrant for your arrest, and you are found outside of the state, Kansas must prove that they have the right to extradite you. You may have cause to object to what Kansas asserts. However, if you sign waiver you waive the right to object to be being held and released to Kansas law enforcement. 

If you are being held pending extradition you will not be able to bond until you arrive in Kansas. Most sign extradition waiver in hopes of expediting the process. In many cases the accused knows, or once they are given notice of warrant understands, why they are facing extradition. In some instances though extradition is not just or appropriate. Either way, you should hire an attorney to review the circumstances.

No Kansas lawyer can just clear this up. It has to be resolved by motions, request, objection, hearing or documentation from the Court. You will be brought before the court before you can be bonded. Before you sign or do anything hire an attorney. This office can help. Call NOW (913) 602-7288. Consultations are free and payment plans are available. 

Nothing is more scary than facing prison or jail time. Kansas criminal defense lawyers are frequently asked, "Will I go to jail?" The answer is - it depends. Here are some things considered when determining if you will be serve time:

• The severity of the charges you are facing (misdemeanor vs. felony)
• Your prior criminal history
• The outcome of your pre-sentence investigation
• If your case carries mandatory minimums (ex. DUI, Jessica's Law, etc.)
• If there are aggravating factors associated with your charges (ex. weapons)
• The age of your case
• The age of your prior criminal history
• If you were on probation, bond or benefiting from a sentencing departure when charged with new crimes
• The cooperation, availability and credibility of the witnesses or alleged victim(s)
• The strength of the evidence against you
• Your own prior admissions/statements
• The judge overseeing your case (Remember: Even if you have a plea or Diversion offer, the judge does not have to follow the agreement when issuing sentence.)
• The recommendations of the prosecutor
• The type of crime (ex. violent, sex crimes, drug crimes, etc.)
• The availability of alternatives to incarceration (ex. drug rehab, probation, etc.)
• If you are facing other crimes (locally or in another state)
• The perceived danger you may represent to the Kansas community if you are not in custody
• Your actions or inactions during the pendency of this case
• The jury your case is tried in front of
• If you have certain juvenile charges
• Your age in relation to the age of the alleged victim
• Whether you are deemed a habitual offender
• If there was serious bodily injury, serious damage to property or death because of the crime
• Crimes that carry mandatory minimums (ex. Jessica's Law, DUI, etc.), and more.

Many falsely believe that little-to-no criminal history means you will be offered Diversion or a plea bargain. That is not promised or guaranteed. Also, in Kansas, you can serve jail or prison time for first time offenses.

No attorney can promise you what will come of your case. However, quality legal defense is the best way to ensure that all of your rights are protected and you are put in the best position. You need aggressive representation! Call Attorney T. Morton (913) 602-7288 NOW for a free consultation. Payment plans are available. 

Being asked to take a lie detector test, as part of Kansas criminal investigation, happens less frequently than in the past. It does happen though. Most frequently in sex crimes and theft cases. Here are some tips on how to beat the test:

• Give only one word answers;
• Avoid offering explanations;
• Being relaxed (some people use their prescribed medication, such as anxiety medication);
• Control your heartrate and breathing;
• Tensing and relaxing your muscles during testing;
• Biting your tongue during baseline questions, and not during other questions; and
• Being sporadic in your behavior and responses to all questions (ex. being upset about questions that are baseline (ex. "Is your name....") and not when asked damning questions (ex. "Did you steal money from your employer..."), and doing this in unpredictable fashion.

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Tip: DON'T TAKE IT! You are probably rolling your eyes about this tip but, it is worth mentioning. Part of the Kansas police's strategy is panicking you by asking you to take a lie detector test. You shouldn't be talking to the police without an attorney present anyway but, if you are it will not help you take this test. In fact, the lie detector administrator typically will ask you, "If you have anything to hide, just tell me about it now" (i.e. say hello to an admission that can work against you later).

Kansas police are banking on you wanting to know your results, and that providing them with the opportunity to convivence you they "know you are lying". It is possible for a skilled administrator to detect the counter-measures noted above. It is also possible that you are not guilty of a crime but fail this test. Kansas law enforcement uses lie detector testing as "fishing" expeditions and hope you will give them information they may not otherwise have. Kansas police are also hoping that under pressure, and our childlike desire to "tell the truth" you will cave.

This office's advise has not changed - don't talk to police or participate in an investigation w/o an attorney. That includes taking lie detector tests, even if you think you can beat it, or that the truth will set you free. Call Attorney T. Morton NOW (913)602-7288 if you are under investigation or have been been arrested. Consultations are free and payment plans are available. 

Don't confuse sodomy charges with rape charges. They are two different sex crimes. Similar to most Kansas crimes, this crime is divided into to categories - sodomy and aggravated sodomy. The potential penalties are also separated as follows:

• Sodomy - can be either charged as a misdemeanor or a felony. Where children are involved it will likely be a felony case. You can be facing anywhere from 6 months to 100 months (just over 8 years) in prison. If there are multiple charges the judge can require those to be served together or one-after-the-other;
• Aggravated Sodomy - is charged as a felony for which you may be facing up to 267 months (0ver 20 years) in prison. If there are multiple charges the judge can require those to be served together or one-after-the-other; 
• Off-Grid - depending on your age and the age of the alleged victim you may be charged with an off-grid crime. In Kansas that could mean you are facing up to life in prions; and
• Jessica's Law - like other sex crimes, if you are repeat offender, you may be facing life without the chance of parole if convicted of a new sex crimes.

Remember: You shouldn't wait to be formally charged before calling a lawyer, if you can avoid it. You may have defenses but you need legal assistance right away. You can read more about those HERE.

It is a life-altering event to be accused of a sex crime. If convicted you may not only face long prison sentences but, also restrictions and/or long-term public registration. Don't handle this alone. Call Attorney T. Morton TODAY (913) 602-7288. Consultations are free and payment plans are available.