Criminal threat can be charged for a number of reasons. The most commonly charged facts, in Kansas, involve threats to commit violence, with intent to put a person in fear, or with disregard for putting them in that position.

Potential penalties:

•  Criminal threat is a severity level 9, person felony with penalties starting at 5 to 17 months of imprisonment; and
• Aggravated criminal threat is a severity level 5, person felony with penalties starting at 31 to 136 months of imprisonment. 

What will determine your sentencing range will be the outcome of your PSI report, if you take a plea deal or you're found guilty of this charge. PSIs take into account a number of things. The factors often weighing the most heavy are your prior criminal charges, the details of your charges, and your potential to reoffend. 

Defenses to criminal threat include:

• no threats were made;
• threats did not involve comments of violence;
• no intent to put one in fear;
• misidentification; and
• conditional threats; etc..

Remember: Because this is a felony charge you are entitled to a preliminary hearing. This may be crucial in resolving your case in your favor. 

You should have an attorney during all phases of a criminal case, especially when you're charged with a felony. You have questions. Call Attorney T. Morton TODAY (913) 602-7288. Payment plans are available. 

If you were arrested for domestic battery, in Johnson County, or cross the state of Kansas, you are not alone. Oftentimes, both (or several) people are charged with a crime that was just a heated domestic dispute. Many times those involved would have worked it out but, once Kansas law enforcement gets involved the matter turns criminal. Arrest for domestic battery, with no priors, means exactly that - you have not been charged with a domestic battery before. You then probably have been charged under 21-5414(b)(1) as a level "B" misdemeanor, and have a OR (signature bond) or very low bond (about $1500). Here is what you are facing in potential penalties:

• a minimum of 48 hours in jail;
• up to 6 month imprisonment;
• fines of $200 - $500, and court fees; 
• likely domestic violence intervention classes (depending on the recommendations made by the assessment);
  
• No contact order with alleged victim, until the Court orders otherwise; and
• possibly drug/alcohol assessment, and following those recommendations.

Possible defenses:

• No domestic relationship;
• No knowing acts;
• False allegations;
• Insufficient evidence;
• Witness/victim credibility concerns; etc.

Remember: You have an automatic no-contact order related to the alleged victim in this case. If you, or anyone on your behalf, contacts that person you may be facing additional charges. Don't do it.

Misdemeanor domestic battery charges are typically "fast-tracked" by the Kansas prosecutor. Meaning almost everyone gets the same offer, and it may be an offer of Diversion. They spend little-to-no time reviewing your case. That doesn't mean you don't need an attorney to negotiate the terms. It certainly doesn't mean you shouldn't defend against the charges.  Call Attorney T. Morton NOW to discuss your case (913) 602-7288. Consultations are free and payment plans are available. 

Arrested for counterfeiting? Here's what you need to know:

1. This is always a felony charge. It is anywhere from a level 7 to level 9, non-person crime, on the sentencing grid. Meaning you are facing anywhere from 5 months to three years of imprisonment (depending on the facts in your case and prior criminal history);
2. It is possible for this to be charged as a federal crime. That is because you are accused of intending to defraud by or through United States' currency;
3. If you are part of a ring of people who are suspected of Kansas counterfeiting you may be facing additional charges (ex. RICO - Racketeer Influenced and Corrupt Organizations Act, this was used to convict gang and mob members, it surely can be used to convict you too.);
4. This can be charged related to checks, money orders, cash, etc. (i.e. any note, currency, obligation or security), distributing it, or even having the equipment necessary to facilitate such a crime;
5. Your defenses include: lack of intent to defraud, insufficient evidence, lack of knowledge of the nature of the currency, misidentification, having equipment for other purposes, and more.

Tip: If you are under investigation, or have been arrested, for counterfeiting you should remain silent. You just may exhaust some of your defenses by speaking to Kansas law enforcement without an attorney. 

Your acts may have been innocent, desperate or never happened. Whatever your circumstance you need a criminal defense attorney. This is a serious charge and the long-term consequences, besides prison time, are many. Call Attorney T. Morton today for a free consultation (913) 602-7288. This office offers payment plans. 

Charged with aggravated domestic battery charges in Kansas? The allegations against you are that you interfered with the normal breathing or blood circulation (think choking, smothering, strangling, dunking/attempting to drown, covering the mouth, etc.) of those who are of your family, a household member, or that you have/had a romantic relationship (ex. dating, married, ex, former sexual partner, etc.) with. This charge is very serious and is a level 7 felony. That means you are facing 3 years or more of potential prison time. That is unless you have had other person felonies, or other felonies, then you are facing much more time. Besides the potential for prison time, here are some other consequences:

• Up to $100,000 in fine;
• If the allegations are in connection with a (Protection from Abuse Order) PFA you are like facing an additional charge for violating that order (which can be a misdemeanor or felony with punishment of nearly 4 years additional prison time);
• Requirement to complete batterer classes;
• Order to complete a psychological exam and follow the recommendations of that therapist;
• Potential electronic monitoring (even while on bond);
• Restriction from being in contact with the alleged victim, any related witnesses, and even your children;
• Removal from you home (because the alleged victim is there or because the landlord kicks you out);
• Inability to participate/chaperon/coach your children's school, extracurricular and sports activities;
• Violation of probation/parole charges (which can result in a no-bond hold for a period of time and additional jail or prison time);
• Violation of Diversion or prior plea agreement (and the imprisonment associated with that charge);
• Payment of damages related to the charges;
• DNA swabbing and collection by law enforcement;
• Involvement of Child and Family Services (DCF);
• Appointment of Guardian ad litem (GAL) where children, divorce or custody is at issue;
• Supervised or therapeutic visits with your children;
• Drug or alcohol treatment, and restriction on consuming either in the future;
• Restrictions on where you can travel or relocate to (when on bond, probation or parole);
• Prohibition against who and where you socialize (ex. bars, others with felony convictions, casinos, etc.);
• Loss of employment (especially if your are working with children or those in need of care, or if your job requires you to be insured or bonded); and more.

Remember: The alleged victim in this case cannot drop the charges, no matter how bad they want to. Only the Kansas prosecutor can do that.

The possible penalties for domestic battery alone are steep but, aggravated charges are worse. As you can see these charges have long-term consequences. You likely have defenses! If you'd like to discuss your particular case call Attorney T. Morton NOW (913) 602-7288. Consultations are free and payment plans are available. 

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.