Anytime you are accused of a sex crime in Kansas you should contact an attorney. This advice is at the beginning of this blog because of how aggressively these are prosecuted and the seriousness of the potential penalties. How much time you may spend in prison, if convicted, for rape charges, will depend on the details of the allegations you are facing. Kansas City, Kansas and across the state, have split rape into severity levels, and the standard possible prison times is a follow:

• Severity Level 1 - Up to 267 months (i.e. over 22 years) prison;
• Severity Level 2 - Up to 200 months (i.e. over 16 years) prison;
• Off-grid charges Charges - up to life in prions; and
• Jessica's Law Crimes - up to life in prison.

Tip: Click the above hyperlinks to find out more about the charges, potential defenses, and what the state must prove in court.

Allegations are not convictions. You have defenses. Your freedom and future are on the line. Call Attorney T. Morton NOW (913) 602-7288. Consultations are free and payment plans are available. 

Kansas City, Kansas (Johnson County) and across the state divide drugs into schedules:

• Schedule I (ex. weed (THC), meth, heroine, ecstasy, etc.)
• Schedule II (ex. morphine, cocaine, opium, etc.)
• Schedule III (ex. LSD)
• Schedule IV (ex. Valium)

There are many cases and circumstances when several people are charged with possession of the same drugs. This is most often the case when inside of a car (or space) that would put you and several others within a distance (or scenario) where each of you could have exercised control over the drugs.  If nobody accepts responsibility (explicitly) or it is reasonable for the Kansas police not to believe that only one person was in possession, they may arrest you and everyone else. However, the burden of proof is that of the State's and you likely have several defenses if this happens.

Remember:

• No. You don't have to have the drugs on your person to be charged with possession;
• Yes. You can be charged with distribution for having a several drugs and/or because you are an addict who purchased a large amount to feed the habit;
• No. You cannot bring THC (marijuana) from states where it is legal (ex. Colorado, California, Missouri, etc.), to or through Kansas, and avoid being charged with it, tax stamp charges, etc.. Kansas highway patrol loves to stop an out-of-state car, traveling through the "drug highways", at night;
• Yes. You can face criminal charges for drugs that are for medicinal purposes if your prescription expired or you got it from a friend who lawfully had it.

You shouldn't handle these types of cases alone. Allegations against multiple people oftentimes allows for those you know to become informants, snitch or just not accept their guilt. You need an attorney right away. Perhaps even you are suffering from addiction. You have defenses and help is available. Call Attorney T. Morton NOW (913) 602-7288. Consultations are free and payment plans are available. 

Your potential penalties, in Kansas, depend on the kind of drugs you had, how much you had, if there are any aggravating factors (ex. habitual offender, weapons, distribution, etc.), and possibly other charges you are facing. The sentencing grid is below for your reference:

Children in need of care (CINC) cases can start the same way as a criminal case. Someone makes allegations of abuse (physical or sexual) or neglect about your child(ren). Who spearheads the investigation will depend on who gets the call first. Kansas police and The Department for Children and Families (DCF) will work together to resolve any allegations. Here are the three big differences between CINC and Kansas criminal cases:

• Burden of proof. The threshold of proof of neglect or abuse in CINC cases is "clear and convincing evidence". Criminal cases require a higher proof -  "beyond a reasonable doubt";
• Time for resolve. There is an immediacy to resolve CINC cases. Therefore, there is a priority given, and short time provided, for the State to investigate and make determinations about your child. Temporary or emergency orders will usually issue within days, and sometimes (in cases of emergency) the same day. Your right to speedy trial is six months in a criminal case; and
• Potential outcomes. In instances of CINC cases your child(ren) may be taken out of your custody and care based on the findings of the Court. The criminal courts do not have the same power but, can restrict or prevent your contact with them. A "substantiated" CINC case does not allow that Court to take you into custody or order jail. A finding of guilt or entry of a plea in a criminal case can result in your confinement.

What happens in one of these cases can, and likely will, impact the other case. This becomes more complicated when a family law case is pending (ex. child custody, divorce, etc.). Because of the potential seriousness of both CINC and criminal allegations, and the long-term impact on your life, you should not handle these alone. Call Attorney T. Morton NOW to discuss your case (913) 602-7288. Consultations are free and payment plans are available. 

Even kids know the saying, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided to you. If you want to answer my questions now, without an attorney, you have the right to stop answering questions anytime and seek the advice of an attorney." Those are your Miranda Rights. This blog won't go into the details of the namesake case (Miranda v. Arizona); however, you can click HERE for more information on it. Overall, the reading of Miranda Rights is to remind you that you have the right against self-incrimination and to legal counsel.

Many mistakenly believe their rights to be violated the moment Kansas law enforcement come into contact with them and begin asking questions. That is not when you need to be advised of this right. You are not entitled to advisement during the initial investigation of a crime. Rather, the police need only advise of this right once you are in custody (ex. arrest) or otherwise deprived of your freedom. You have the right to remain silent but you can waive that right after asserting it. The police must stop asking you questions, once you asserted your right; however, they can begin asking you questions about other crimes they believe you to be involved in. You have assert it each time. Asking, "Do I need an attorney?" isn't enough. Children can assert their right by asking to speak to their parent or guardian. After reading you your rights, Kansas police will ask, "Do you mind answering some questions for me?" If you do, you waived your Miranda Rights. 

Tip: It is always better to remain silent and refuse to answer questions until you speak to an attorney. 

If the police, or law enforcement, anywhere in Kansas (or the United States), do not read you these rights, you may have some or all of the evidence against you excluded. It is the role of your attorney to pay careful attention, when reviewing discovery (i.e. the evidence against you), to see if your Miranda or any other rights were violated. If objections are not raised, and motions are not filed, you likely will waive your ability to later take issue with the use of wrongfully obtained evidence, statements, etc.. 

You have questions about your case. Call Attorney T. Morton today (913) 602-7288. Consultations are free and payment plans are available. 

All crimes alleged and committed in Kansas are considered crimes against the state. The Kansas prosecutor (District Attorney) is tasked with protecting the general public through the criminal justice system. When you are accused of a crime, it is not "You vs. Alleged Victim". It is "You vs. The State of Kansas". So can the alleged victim drop the charges against you? No. Only the prosecutor can. In fact, if you try to convince a victim not to proceed you may be charged with witness tampering and/or violation of a protection order. In some instances these can become additional felony charges. Particularly where the charges are of domestic violence, sex crimes, other violent charges, the alleged victim will be assigned a "Victim's Advocate". This person will provide support and a voice (not testimony but help with communicating) throughout your prosecution. 

You may be wondering what happens if the alleged victim says they won't testify, doesn't want to pursue the case, has relocated and/or wasn't the person to contact police. It depends. Depending on the severity of the charges, and the Kansas prosecutor assigned to your case, they may subpoena this person. That will make it an Order of the court for them to testify.  In some cases, it is possible to proceed with the matter without the testimony of the alleged victim through use of prior statements, witness testimony, 911 calls, etc.. Charges related to sex crimes, child abuse and domestic violence are most often faced with this possibility. However, that does weaken the State's case and your attorney will likely file objections against it. In addition, if there is an uncooperative or unresponsive alleged victim any plea agreements may be better than if they had full involvement of the alleged victim. 

Tip: By the way, in cases of domestic battery or abuse, the alleged victim sometimes appears in court asking for restrictions, restraints, no contact orders, etc. to be removed. They even sometimes come to seek reduction in bond or to suggest it was their fault. Well intending as they are, this can backfire. A savvy prosecutor will ask the Court to give oral Orders (that allows them to escape serving a physical subpoena) requiring their return to all remaining hearings against you through trial. What does that mean? That the State will highly likely push forward with the case against you.

Don't confuse this with the civil filing of a Kansas Protection from Abuse (PFA) request or Order. Those, by motion, can be removed at the request of the parties. 

You probably have questions about your specific case. Don't wait. Call Attorney T. Morton today (913) 602-7288. Payment plans are available. 

Yes! Even if you think you have a sweet deal on the table, you still need a lawyer. Kansas prosecutors simply don't have time to take every case to trial. As discussed in a prior blog, there is a standard offer that will be issued to nearly every person with the same (or similar charges) as you. They get the win this way too. Here's the catch. The prosecutor can make you any offer they see appropriate; however, only the judge can sentence you AND that judge does not have to follow the agreement. If you charged with a felony a Presentence Investigation Report will be given to the Court. In both felony and misdemeanor cases, plea agreements alert you that if your criminal background could change your position on the sentencing grid, that you can be sentenced to the full extent of the law (even if you don't recall the former charges). This is especially important in Kansas sex crimes, felonies, DUIs, juvenile and domestic violence case. There may be a need to argue against the calculation of your prior convictions. Even if you don't have any priors, sentencing is a hearing of it's own, has special rules and rights, and you should not do that alone.

Remember: Once you enter your agreement, there is very limited timeframe when you are permitted to withdraw your agreement and set the matter for trial. You cannot withdraw an agreement on the day of sentencing.

Attorneys are costly but entering into agreements blindly is more costly. This case may be your first, and maybe your last crime but, you must plan for the future. What you accept in the Diversion and/or a Plea can be negotiated and will impact other parts of your life. Call Attorney T. Morton NOW (913) 602-7288. Payment plans are available. 

Once charged with a sex crime against a child, and if you plan to take your case to trial, you may wonder if the alleged victim will be called to testify. If you know anything about your right to confront your accuser, then you probably think the child should testify. However, some believe that children cannot be asked to testify. This blog will help demystify the question of, "Can a child be called to testify against you in a sex crimes case?" The short answer is "yes". Kansas statute does allow (and sometimes demands) for children to testify, in any case where they are victims, or witnesses, of crimes, to include sex crimes. The case of State v. Eaton does a great job of outlining some of the nuances related to child witnesses. Here's a summary:

• This applies to children under the age of 13;
• You may be denied the opportunity to confront the child, face-to-face, in open court, based on public policy;
• Testimony can be videotaped or by closed-circuit television, and that may not be a violation of your Kansas or United States Constitutional rights;
•  The prosecutor must establish cause for this exception. Many defense attorneys will argue against this request;
• The testimony of the child can occur inside or outside of courtroom;
• The only people who may be present during this process are your attorney, the State and the child (along with anyone who will tend to the welfare and well-being of the child);
• In addition, in a separate room, those who are recording or responsible for the equipment operation will document the testimony;
• Only the attorneys can ask questions;
• Because your attorney will have the opportunity to cross-examine the alleged victim/witness, Kansas case law believes you to have been given appropriate opportunity to confront; and
• You, the jury and the judge will be able to see and hear the child's testimony but, the child will not be able to see or hear any of you.

Besides your right to confront, if the child is the alleged victim the Kansas prosecutor certainly will need their testimony. They have the burden of proof. They will issue a subpoena to the child's parent or guardian demanding their appearance. Should the caregiver ignore, or refuse to comply with, the subpoena they can be found in contempt and face penalties (to include jail time). 
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By the way, you cannot exclude the child from testifying because it would be traumatic to them and/or unreliable. Rather, your attorney will have to work to point to the deficiencies in the testimony offered. This is typically done by pointing out inaccuracies in statements, excluding witnesses or experts, cross-examination, filing applicable motions (ex. Motion to Suppress), etc..
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Tip: Don't confuse a criminal sex crimes case with a Kansas Child in Need of Care (CINC) case. CINC cases are civil matters, and your rights and the burden of proof are different; therefore, how the child is permitted/required to testify varies. Remember though, these two cases can be run together or apart, and what occurs in one will likely impact the other. 

If you have questions about your specific case call NOW (913) 602-7288. Payment plans are available.

It is possible to be taken into custody by the state of Kansas in several ways - extradition, bench warrant, arrest warrant or immediate arrest. Should this happen to you law enforcement generally cannot hold you in custody forever without the opportunity to bail or bond out. You are innocent until proven guilty. These terms are used interchangeable, are similar in purpose, but have different  meanings. Bail is the money you pay to get out of jail. Bond is the money someone else pays to get you out (usually a bondsman). Here are several bond and bail options:

• Citation bond. This means you are not taken into custody. When you sign acknowledgement of a court hearing, or requirements to resolve your case, you are actually making a promise to comply. This is usually reserved for low-level traffic offenses. No cash will be required but, know that if you fail to do as promised a bench warrant can issue for your arrest and then cash bond will be required;
• Recognizance bond. You will be arrested. The court can allow you to be released on your own recognizance (i.e. your promise to return). Oftentimes referred to as an OR, PR or signature bond. Meaning you simply acknowledge the next court date and promise to return to all required hearings. No cash required. This is typically reserved for first time offender & low-level misdemeanor crimes. The court will also consider other factors (related to you likelihood to return to court) before granting such a bond;
• Standard bail. The court will set the amount required for you to be released. If you bail yourself out you must pay the full amount set by the court. Generally speaking this is an affordable option when your bond is related to past due child support, unpaid fines, traffic tickets or other low amount bails. Different than bonds, you give the Court cash promising to return, and if you make all required appearances, you get all of your money back (sometimes less any ordered fines or fees). If you don't return it will not be refunded;
• Standard bond. This is the most common and fastest bond method. The amount required for you to get out of jail, whether you bond or bail, is the same. However, the amount that must come out of your pocket is less if you use a bondsman. Their fees and requirements can vary. The third party (ex. bondsman) fees start around 10% of the bond, and they put up the remainder of cash to promise your return. Unlike if you bailed yourself out, bondmen do not return the money you paid them but;
• Surety bond. Sometimes you may be bonded by a bondman who has taken a loan from a company to pay your bond. The amount of cash is the same for the courts but the amount you may be asked to pay, or other things you may be required to get (ex. have a Kansas resident sign documents saying that they will ensure your return, etc.) may increase. The primary difference between this and the standard bond is who is involved in the risk; 
• Property bond. Where your flight risk or bond is high, your charges are great, you have had prior failures to appear or escape charges, etc. you may be required to provide property (ex. home, land, car, boat, etc.) to be bonded. This type of bond takes longer than the others because the bondsmen will have confirm that there is a clear title or deed and the ability to take lean against it. You can expect this to be coupled with a cash payment. Should you do as required you will likely have the property released back to you but not the cash;
• Federal and Immigration bonds. These are two of the most difficult bonds to secure. Each also has particular requirements and nuances. For that reason it takes the longest to be bonded when facing Kansas federal charges and when charged while you have an immigrant status; and
• No bond holds. You can be held without bond for many reasons; however, it is a very rare day that this last through the duration of your case(s). Most often this is seen where there are probation/parole violations, extradition orders, immigration hold, crimes against the government, out of state warrants, etc.. Even if you have bond set in on other matters this will supersede those and prevent your release. 

Tip: Not only do you have Kansas and United States Constitutional rights to bail, you have the right to reasonable bail. 
Now that you know about Kansas bonds and bails you may be wondering if you need an attorney. You do! In fact, the amount of bond, the conditions of bond and terms of your release (especially in sex crimes and domestic violence cases) can only be argued if you know what those are. Additionally, if you wish to seek a reduction in bond you must either file a formal motion or make oral arguments directly to the court. The decision will be made by the judge based on case precedent not your opinion. 

Have more questions? Call Attorney T. Morton NOW 913-602-7288. Payment plans are available. 

Kansas, like other states, has a system of resolving criminal cases without trial. Don't fool yourself into thinking that the District Attorney's Office regularly dismisses cases. Actually, that happens very rarely. Instead many cases are resolved by agreement between you and the State. This is called a plea bargain. Here are the terms of typical agreement in Kansas:

• It will first list the charge(s) that you agreeing to plead to. This is typically a lesser charge or without some of the charges of your original case(s);
• The next section will describe what charge(s) the State of Kansas has agreed to dismiss, whether or not they have any sentencing agreements, and an agreement not to prosecute you any further;
• The following section will describe what you agree to do (ex. plead guilty or no contest to the charges, waiver of any rights, sentencing agreements, etc.);
• Immediately after the above section you will be advised of the penalties (fine, fees, prison time, sex offender registration, etc.) related to the charges the agreement is moving forward on, and the factual basis supporting that you violated Kansas' criminal statute;
• One of the largest sections of a plea agreement, that is included in all Kansas plea agreements it the last several paragraphs. It speaks to the following:
  • All rights you are waiving (trial, presumption of innocence, appellate rights, etc.);
  • That you are entering into an agreement that all agree is just and fair;
  • That you are not under the influence of drugs or alcohol, any other impairment and entered this agreement in sound mind and body;
  • You have not been coerced or promised anything outside of the agreement;
  • That your sentencing to multiple to charges can be run concurrent or consecutive;
  • The potential consequence of consecutive sentencing if you committed charges while on felony probation, parole, conditional release, post-release supervision or while incarcerated, and that you may be sent to prison even if you are presumptive probation;
  • If you were out on felony bond when a new crime was committed you also can be sentenced to consecutive sentencing or sent to prison even if you are presumptive probation; and
  • That you know the difference between concurrent (at the same time) vs. consecutive (one following the other) sentencing.

Remember: While all plea bargains in Kansas likely have the same verbiage, not all are created equal. Many of the terms are up of negotiation and the nuisances are critical to your future freedom and life.

If you are offered a plea agreement in a Kansas criminal case you should consult an attorney before signing it. The Court does not have to follow the agreement and you can be sentenced up to the full penalty allowed by the sentencing grid. Call Attorney T. Morton NOW for your free consultation (913) 602-7288. Payment plans are available.