JOHNSON COUNTY, KS CRIMINAL & FAMILY LAW (913) 602-7288
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  • HOME
  • FAMILY LAW
    • DIVORCE W/CHILDREN LAWYER
    • KANSAS DIVORCE FAQS
    • UNCONTESTED DIVORCE
    • CONTESTED DIVORCE
  • CRIMINAL DEFENSE
    • 11 Steps of a Kansas Criminal Case
    • DUI Attorney
    • Drug Crimes Attorney
    • Assault and Battery Attorney
    • Other Crimes
    • SEX CRIMES Attorney
    • Probation Violations
    • Frequently Asked Criminal Defense Questions
  • CAR ACCIDENTS
    • What is your case worth?

KANSAS CITY, KANSAS CRIMINAL DEFENSE & FAMILY LAW FAQs

FIRST TIME CRIMINAL CHARGES. WILL YOU GO TO JAIL?

11/19/2024

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Let's get right into it. If you are being charged with your first criminal offense ever in your life, the likelihood of you receiving jail time is low. In fact, the Johnson County, Kansas prosecutor likely will allow you to apply for diversion, or they will offer you a standard plea. This is a sigh of relief for many. However, even if this is your first criminal charge, there are some charges that do not resolve so easily. That is because the Kansas sentencing grid makes several charges "presumptively imprisonment", such as:
  • Off-Grid felony charges (ex. indecent liberties with a minor)
  • Felony involving guns/firearms
  • DUI causing injury or death
  • Crimes that involve criminal gang activity
  • Aggravated felony charges (particularly those involving minors and/or violence)
  • Felony distribution 
  • Homicide
  • Unlawful sexual contact involving law enforcement
  • Multi-count charges (i.e. one case number that involves several offenses)
Remember that Diversion and non-jail plea agreements are typically reserved for non-violent, low-level, misdemeanor charges. Words of caution even if you're taking a plea and avoiding jail time:
  • Pay special attention to what the terms of your agreement are
  • Consider your future before entering into "deals" (work, license, children, etc.)
  • Understand that the Kansas prosecutor does not have to offer any plea/deal
  • Don't compare the outcome of someone else's case to yours
  • Pleas will appear in your criminal background, and those do not "fall off" like your credit report
It is always best to have a Kansas defense attorney review your case and any agreements. You shouldn't resolve your case without considering all of the evidence you either. You have questions. Call NOW for your free 20-minute consultation - (913) 602-7288.
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NINE COUNTS OF KANSAS FELONY SEX CRIMES RESOLVED WITHOUT TRIAL

11/14/2024

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Attorney T. Morton successfully resolved several felony sex crimes, across two separate counties, down to two counts, and dismissal of the second county's case. This meant a reduction in possible consequences by over 20 years of prison. You might be wondering how one can be facing so many charges. More will be explained below.

Unfortunately, it is not uncommon for those charged with Kansas sex crimes to be facing multiple charges. This can happen even if there is only one alleged victim. That is because many cases, even with only one actual sexual contact allegation, have series of events. Here's how:

First, many circumstances involve a build-up to an event, such as: text message exchanges, requests/sending images, watching explicit content together/sending such content, etc. Most would understand this to be some part of a grooming process. Any one of these acts could be charged as a crime in Kansas (ex. solicitation).

Second, it is not uncommon for there to be drugs and/or alcohol found in or surrounding the charges. If these are used as part of the alleged crime aggravated charges will likely result (ex. aggravated sodomy). If these are provided to a minor this too could be a separate charge. 

Third, with the right set of facts, most contact can be considered unlawful. Besides use of sexual organs, touching, kissing, removing of clothing, contact on top of clothing, etc. can become attempt and/or actual sexual contact, and amount to individual counts of crimes. Not only that, but it then can also be used as the basis for supporting the alleged completion of a sex crime (ex. indecent liberties).

Third, you may be prosecuted in more than one court, even if there is only one alleged victim. This occurs when: (1) Your allegations involve more than one county; (2) The alleged victim and you reside in different counties; (3) Any of the acts involve Kansas and another state; and/or (4) You are alleged to have taken/travelled with the alleged victim(s) to more than one state. As a result, you can face multi-county, multi-state and even federal charges.

There are times when such complex matters must be taken to trial. There are also times when the potential consequences of trial (personally, professionally, etc.) far outweigh acceptance of a plea.  Either way you need quality defense to help you maneuver your case.  Attorney T. Morton cannot guarantee you the same outcome as the above-mentioned client but is happy to discuss your case with you today. Call NOW for your free 20-minute consultation - (913) 602-7288.

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KANSAS POSSESSION OF CHILD PORNOGRAPHY DEFENSES

11/2/2024

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Generally, in Johnson County, Kansas child pornography possession is not something that people are accused of immediately. Many find out about the allegations when the sheriff comes for their arrest. These charges can stem from internet searches, chat room interactions, cellphone message exchanges and more. Sometimes it is a sting operation. Frequently it is because of another allegation of sex crimes, such as:
sexual exploitation
indecent liberties
sodomy, etc..
​You should know there are defenses to such a crime. Here are some:
  • Multiple users of the device where the images are alleged have been;
  • Unsolicited images;
  • The image does not depict an actual child;
  • Your age in relation to the alleged child; and
  • Entrapment.
The unique facts of your case will ultimately determine what defenses make the most sense. It is important that you talk to an attorney before you answer questions and/or meet with law enforcement. Call NOW for your free 20-minute consultation - (913) 602-7288.

Find out the potential penalties for child endangerment by CLICKING HERE.
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