Over the Thanksgiving weekend, Attorney T. Morton and two of her clients received great news. Much to everyone's relief, their cases were formally closed without arrest and/or criminal prosecution. These two cases couldn't be more different in initiation and allegation. Kansas City, Kansas sex crimes investigations can stem from a number of things. Many come from criminal allegations or family services complaints. Some involve minor children. Contact from law enforcement or investigators is not only shocking and scary, but also overwhelming. Here are five things you can do to put yourself in the best position to avoid criminal charges too:

1. Trust your gut. Typically, you will feel uncomfortable with the contact from law enforcement. You will feel unheard. You probably landed on this blog post looking for answers to your concerns. Don't ignore that feeling.
2. Resist the urge to plead your innocence. This is probably one of the hardest things to do but can greatly impact your case. Always exercise you right to remain silent. Silence does not equal quilt. 
3. Follow any directives about contact with alleged victims strictly. Whether it is your child, friend, acquaintance, stranger, etc. if you are told to stay away and/or cease contact, you should absolutely follow that directive. 
4. Keep the facts of your case to yourself. Remember that those around you, with whom you discuss the allegation with, likely can be called to testify against you (with only a few exceptions).
5. Hire an attorney. You may think you can handle this alone; however, it is ill-advised. Both of the clients mentioned above hired this office nearly immediately after they learned of the allegations against them. It worked in their favor. 

This office cannot guarantee that your case will be resolved the same as others. Nonetheless, applying these the above-mentioned tips could help you. Never forget, Kansas is tough on sex crimes and the potential penalties are high. Call Attorney T. Morton today (913) 602-7288 to discuss your case. 

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.

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.

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.

Misdemeanor charges carry lesser potential consequences than felony charges. What many don't know is that you can be charged with something worse than a felony. When you are charged with an "aggravated" crime you are facing penalties that exceed the general charge. Some examples of such charges include:

1. Aggravated Domestic Battery
   
2. Aggravated Child Endangerment
   
3. Aggravated Domestic Assault
   
4. Aggravated Indecent Liberties with a Child
5. Aggravated Sexual Battery
   
6. Aggravated Habitual Sex Offender
   
7. Aggravated Robbery

Oftentimes charges become aggravated felonies when any of the following things are present: weapons, serious bodily harm, children are involved, attempts/acts of violence, death and more. All crimes are serious, and the above-mentioned is just a short list of possible aggravated crimes. One part of your lawyer's job will be to address whether the addition of aggravating circumstances is present. This can greatly change the outcome of your case. You have questions. Don't hesitate to call NOW for your free consultation (913) 602-7288. This office offers payment plans. 

A recent rash of arrest for online sex crimes has occurred. That is because Kansas law enforcement is aggressively investigating sex offenses, especially those involving children. Here is what you need to know:

First, it is easier for Kansas police to hide their identities and pretend to be minors online. This is not generally considered entrapment, and any lies are allowed. You can face some of the same charges when you are chatting with an officer as when you are an actual child. (ex. solicitation, attempted indecent liberties w/ a child, etc.)

Second, they will likely have ongoing conversations with you. That is because the more comfortable you get the more you reveal about yourself. It also helps them ensure they have a solid case against you. 

Third, it is possible that they will try to set up a time/place to meet you. If you fail to meet you likely will still be facing a Kansas anticipatory sex crime. Should you arrive, according to the arrangement, you will likely escalate your sex crime charges. If there is an actual child involved and you have any sexual contact with them the charges will immediately escalate (ex. unlawful sexual relations). The age of both you and the alleged victims matters.

Fourth, do not be fooled into thinking that if you remain online you remain anonymous. It is relatively simple for Kansas investigators to determine where, and who, you are. With a warrant in hand they can come and arrest you anytime and anywhere. They will likely have a search warrant at that time too. 

Finally, as always, remember that just because you have been accused of a crime doesn't mean you are guilty of it. The best thing you can do, should Kansas police come looking for you, is contact an attorney. 

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

Fourth of July falls on a hot weekday this year. This office certainly hopes you enjoy the celebrations Kansas City, Kansas has to offer. Should you be cited or charged with a crime, remember these things:

• Always exercise your right to remain silent;
• Never give statements without counsel present;
• Honor any no contact orders;
• Do not consent to searches;
• Make no statements about sexual contact;
• Refuse to turn over electronics, computers, phones, etc.;
• Don't discuss your case with others, especially on the jail phones;
• Prepare for alternative methods of transportation (if charged with DUI and issued a notice of temporary suspension);
• If you are missing important documents get those now (valid i.d., car insurance, etc.); and
• Make no admissions about consumption of drugs or alcohol.

Holidays can be lots of fun but if your takes a turn for the worst this office is open. Call Attorney T. Morton (913)602-7288. Consultations are free and payment plans are available. 

Panic and fear are what most people feel when they come into contact with Kansas law enforcement. Instead of immediately calling an attorney, many begin to Google their circumstances to find answers. This FAQs is intended to answer the ten most common questions (or things you should know) when under investigation for, or charged with, a sex crime:

1. Should you talk to police/investigators/sheriff? No. Not without representation. This includes giving statements to Child Protective Services investigators. Remember they don't need your statements to arrest you, and that is unlikely that you will talk your way out of the circumstances that brought them to you;
2. Should you give your phone, computer, gaming console, etc. if asked? Again, no. If they are asking they don't have a warrant and likely could not immediately get those items without your permission;
3. Should you turn yourself in, if you have a Kansas warrant? Depends. Hiring a Kansas sex crimes attorney will be beneficial because he/she can help you make a plan for how to handle this;
4. Should you assert your defenses to Kansas law enforcement? No. Many times those accused of crimes talk themselves into more trouble (or provide information law enforcement didn't already have). Let your attorney handle defending you;
5. Will you be able to see your kids again? Maybe. If the allegations against you don't resolve in your favor (especially where your charges involve acts against children/minors) you may be prevented from contact with your own children. Depending on a number of things it is also possible that you can regain contact, if it was restricted/prevented before;
6. Will this end up on your criminal record? Yes and no. If you are simply under investigation and no charges are later brought against you, then your interaction with the sex crimes unit will not be part of a criminal background check. However, if you are ultimately arrested, convicted, take a plea agreement or Diversion, these will be part of your criminal history;
7. How expensive will bond be? Kansas treats sex crimes nearly as seriously as homicide cases. That is not exaggeration. The bonds are oftentimes well over $20,000 and have been know to be $100,000 where the charges are multiple sex crimes/victims and/or with child victims;
8. What will your bond conditions be? This varies. It is possible that you will have everything from house arrest to daily reporting to probation. You will want to have an attorney present at your first appearance, if possible, because that is the best time to set/negotiate reasonable conditions;
9. What if you are charged but live outside of Kansas? First, if law enforcement finds out that you live outside of the state they will issue a warrant, and if your are found (which often happens during a traffic stop and is a surprise to you) Kansas will extradite (i.e. come pick you up from another state) and bring you into the state. You will be held without bond until you arrive in the charging county. Second, it is possible that Kansas sex crimes and the sex crimes unit for the state you are in will work together to investigate and/or ensure you are apprehended. Unless you have charges in both states you will want to hire a Kansas attorney; and
10. Should you use a Kansas public defender? Perhaps. If you are financially destitute or unable to afford private counsel the you should use them. It always best to be represented. Deciding to hire a private attorney, if you can afford it, will likely mean personalized attention to your case and easier access to counsel.

Bonus Tip: When in doubt ask an attorney before doing anything. You have rights that you may relinquish or waive if you don't assert those.

All allegations, investigation and criminal charges are serious. Never doubt that. Kansas sex crimes are considered some of the most serious. If you have questions about your specific circumstances don't  hesitate to call for your free consultation (913) 602-7288. Payment plans are available. 

It is not surprising to hear that sex crimes are some of the most aggressively prosecuted charges in Johnson County, Kansas and across the state. What many are surprised to find out is about unexpected restrictions becoming part of their life after being charged. This post will address no contact orders related to criminal charges.

First, obviously, you will not be permitted to have any contact with the alleged victim(s) of your case. That is meant to serve several purposes. Most importantly, the State wants to be sure that those who report are not later fearful, harassed, convinced to retract allegations, reoffended against, etc.  It is also to ensure the witness(es) will later cooperate and testify against you.

Second, you will be prevented from having contact with any complaining witnesses and/or general witnesses related to your case. This can extend well beyond those you have had Kansas contact with or know. Typically though, it is most disruptive when it involves people who you ordinarily need/have to contact with in your general day (ex. coworkers, school, friends, relatives, etc.). 

Third, if the sex crime involves allegations against a minor, or child, then you can be restricted from having contact with all children, to include your own minor children, during the pendency of the case. Your children need not be those included in the charges against you for this to apply. It can mean no phone, video, in person, third part, etc. contact. It can also mean you can no longer live in or around the family home until allowed to by the court.

Finally, you may be prevented from having contact with your spouse. Although there is general privilege between you two, and this is likely an adult, you still may be ordered to cease all contact with him/her. Depending on the circumstances, the allegations against you, and the Kansas district court judge, this may or may not be later lifted.

Bond conditions, child protective services requirements (DCF), civil protective orders, family court orders, orders from other states, and orders from other Kansas district courts can co-exist and all must be simultaneously followed. Failure to do so will can result in everything from warning to jail time.

This is intended to inform you so you know what to expect. Wherever there is an Order or a restriction your attorney can help you comply and/or seek adjustments. If you have been charged with,  or you are under investigation for, a sex crime don't handle it alone. Call NOW (913) 602-7288. Consultations are free & payment plans are available.
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A potential defense to a sex crimes is entrapment. In order to know if you have been entrapped, you must understand how the law defines this term. In Kansas, entrapment requires several things:

1. The other party must be a public officer or an agent of theirs (ex. police officer);
2. You were induced or solicited by them; and
3. This was an effort to get you prosecuted for a crime.

You may have this defense of entrapment, if the above things apply, AND one of the following:

1. You otherwise were not already committing a crime or biting the bait to further your criminal conduct; or 
2. The conduct was not part something that already was or would occur in your business, so you were mislead into thinking criminal conduct was lawful.

Entrapment does not apply to a jailhouse snitch (usually), your ex, an online adult officer pretending to be a child (think indecent liberties or solicitation of a minor), a recorded call/text messages where you make admissions, etc. Whether or not this is a viable defense should be assessed by a Kansas sex crimes attorney. 

You are likely reading this because you have cause to think you may be charged, or under investigation for, a sex crime. Don't wait until you are arrested to learn of all your potential rights and defenses. Call an attorney today (913) 602-7288. The consultation is free and payments are accepted. Your freedom is worth the call.