FIRST TIME CRIMINAL CHARGES. WILL YOU GO TO JAIL?

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.