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.

Nationwide, and in Kansas, domestic battery (often called domestic violence) is meant not only to hold the accused accountable but, also to provide alleged victims safe space from their abusers. Further, the alleged victim in now a State's witness against you. Therefore, if you are charged with a domestic battery (or similar charge) there will be an automatic "no contact order" put in place. Below you will find answers to frequently asked questions related to these Orders:

1. Can the alleged victim "drop" the charges and/or allow contact? No. The case becomes You vs. Kansas. The alleged victim doesn't have independent power to stop criminal prosecution nor can they lawfully give you permission to make contact.

2. What happens if you do get, or already have been, in contact with the alleged victim? The alleged victim cannot violate by making contact, so long as they do not have restraint too. However, should you fail to follow the judge's orders, you can face additional charges (ex. violation of a protection order, witness tampering, contempt, etc.) and bond revocation. Further, failing to abide by an order can be used against you later in bond hearings, plea agreements, sentencing, future allegations, family court, DCF investigations, etc..

3. Can another person make contact with the alleged victim for me? No. This is called third party contact and is equally unlawful. The third party is also risking criminal charges if they do make contact on your behalf.

4. How can you see your children or get your property? Absent the judge's permission you cannot make contact with the alleged victim for any reason. That means you will have to make oral or written argument for cause, and directions, for safe contact. It is possible for the Kansas judge to give you limited, short-term, conditional, minimal and/or deny your request for contact.

5. Will the alleged victim's appearance in court help? Sometimes. The Court, and the prosecutor, can consider the input of anyone they see fit. However, in Kansas domestic battery cases, it is ultimately up to the judge to decided what will be permitted.

6. How can you get the Court to lift the protection order? Understand that the Kansas prosecutor (District Attorney) has a great deal of power in these circumstances. That is because they will have reviewed your bond screening, the arresting documents, and likely will have spoken to the alleged victim. Their recommendations usually are followed by the Court. Your defense attorney will have to be prepared for oral argument, based on your unique circumstances, that provides case law and rationale, to support going against what is automatically written into the criminal law statute. 

7. What if no-one tells the court about communication between you? If you are in any Kansas jail/prison, your calls are recorded and those can later be used against you. Once you are outside of custody it is possible that the Court will never get wind of your contact. Assuming that protects you is a flawed position to take. Be warned that many do get caught. How, you may wonder? Some examples include: (a) The alleged victim later turns on you (this is the most common); (b) You are charged with new crimes involving the same person(s); (c) During a traffic stop you are found with the alleged victim; (d) Someone else tells the Court, etc.. It is better to seek the Court's permission than think you can beat the system. 

8. When will the no contact orders end? Unless the Court finds otherwise, the Order will not end until the case is closed (by way of sentencing, dismissal, acquittal or completion of probation). You will want to pay close attention to all terms of any plea, Diversion, probation and sentencing documents that address contact with any and all named in your criminal case.

9. Will this mean you have no contact with your child(ren) until the criminal case is over? Possibly. It is not uncommon for those involved in a divorce, or child custody matters, to suddenly be charged with a domestic battery or aggravated domestic battery. A no contact order will certainly include the child(ren) even they were alleged victims, witnessed the abuse and/or threats were directed/included them. Additionally, if the criminal court or family court (likely through the GAL or DCF) find just cause, even if the your kid(s) were not present or alleged victims, you may be restricted, or limited, in your contact with them. 

10.  Are PFAs and a No Contact Orders the same? Kinda. Both serve the same purpose - restrict contact. The difference is a PFA is a Kansas civil matter, temporary orders are generally automatically granted, but you have a chance to object to a long-term protection order. If neither of you appear at the permanency hearing the PFA expires. Also, a person can request/drop a PFA with permission from the Kansas civil court. On the other hand, any no contact orders associated with allegations of a domestic battery (or other violent crimes) cannot be dropped by those involved and do not expire until and unless the criminal court decides so. 

Hopefully you found answers to you questions in this blog. Should you have additional questions about your Kansas criminal case or protection orders call TODAY (913) 602-7288. 

Being charged with a sex crime does sometimes come with an expiration date of when you can be prosecuted. This is called the statute of limitations. However, in many Kansas sex crimes (and several other felonies) you can be charged many years later, and in some instances you could be facing criminal charges indefinitely. In fact, effective July 2023, Senate Bill 317 expanded the statute of limitation on "child sex abuse" charges.  This allows the Kansas prosecutor to charge you any time, no matter how old the case is. Here is an outline of what to expect:

No Statute of Limitations:
Rape
Aggravated Criminal Sodomy

No Statue of Limitations (if alleged victim was under 18 years old):
Indecent Liberties with a Child 
Aggravated Indecent Liberties with a Child 
Criminal Sodomy 
Aggravated Criminal Sodomy
Enticement of a Child
Indecent Solicitation of a Child 
​Aggravated Indecent Solicitation of a Child 
Sexual Exploitation of a Child
Aggravated Sexual Exploitation of a Child
Aggravated Sexual Battery 
Aggravated Incest 
Kansas Human Trafficking and Aggravated
Internet Trading of Child Pornography
Aggravated Internet Trading of Child Pornography
Commercial Sexual Exploitation of a Child

10 Years Statute of Limitations (when alleged victim is 18 years old or older):
Criminal Sodomy 
Aggravated Sexual Battery 
Aggravated Incest 
Human Trafficking

5 Years Statute of Limitations:
Sexual Battery
Unlawful Voluntary Sexual Relations
Electronic Solicitation
Unlawful Sexual Relations
Incest

If any of the following apply to the allegations against you, the clock has not started counting for the statute of limitations:

• Absence Kansas;
• You've been concealed to avoid prosecution;
• The alleged crime has been concealed; and/or
• You have a pending matter for the same criminal behavior such law enforcement was prevent from investigating.

Moreover, if the circumstances allege that there were other barriers preventing discovery of the crime your time has not started counting toward expiration of criminal prosecution, such as:

• Alleged victim was a child under 15 years old;
• Intellectual disability, or other disability, of alleged victim; 
• You are the parent/guardian and prevented reporting;
• Evidence of  psychological repression by the alleged victim; and/or
• Your identity was unknown, etc. 

Many times being contacted by Kansas law enforcement, or having a warrant for your arrest, can come as a surprise. The amount of unexpected sexual criminal charges is sure to increase given the recent change in legislation. Whether the allegations against you are old or recent you need an attorney who defends those accused of sex crimes on your side. 

Remember: Criminal charges are separate from DCF (Kansas protective services investigations) and civil law suits. All should be taken seriously, especially since all agencies will share information. 

You have questions about your unique circumstances. Call (913) 602-7288, today, for a free consultation. Payment plans are available. 

Prior blogs have discussed that during divorces and/or child custody matters allegations of domestic violence often become part of the case. Here are some things you can do to protect yourself under those circumstances:

1. Child custody and divorce are civil matters; however, if there is a basis for it, the Court hearing your case can, on it's own, report your circumstances to DCF and/or law enforcement. You shouldn't talk to anyone about those allegations without legal advice;

2. Avoid, without counsel, addressing the factual basis of allegations in open court. What you say in one court can (and will) be used against you in another court;

3. If you have had prior convictions for child abuse, domestic violence, criminal threat, etc. that does not mean you cannot be a good parent now. However, sex crimes are more complex to to address in these cases. Take steps to make sure you are moving in the best interest of your child(ren) and yourself. That is the guiding light in a Kansas child custody case;

4. Should there be no children involved, you need not admit to any acts of violence, to be willing to agree to no contact with your ex;

5. Ask to communicate through a court assigned communication application only. That will provide you with a record of your conversations and help you avoid he-said-she-said arguments;

6. Limit your solo interaction with your ex. That may mean meeting in an agreed upon Kansas public location, or asking for someone to be preset (as a witness) at all times. Some even meet at the police station;

7. Where there is an active criminal case, expect that your child custody may not resolve until that matter is closed. It is important that you are careful about how you resolve Kansas, or any state, crimes of violence during a divorce. This includes seeking legal counsel before you agree to a Diversion, plea or probation;

8. Take care of yourself. If your mental, physical, emotional, psychological, social or financial health is suffering (and that is contributing to shifts in your behavior) address those immediately. You need not tell the Court you are struggling to share that you, independent of court intervention, are improving; 

9. Get sober. If addiction, or abuse of substances, is something that your ex will bring up in court (or you know needs resolve) get help today. Domestic violence and substances oftentimes go hand-in-hand. You will be a better person, if this a struggle of yours, no matter what the outcome of the case is; 

10. Generally, if allegations are related to past experiences a Guardian ad Litem will be assigned to your child(ren) and the court may order other intervention (psychological examination, parenting classes, case manager, etc.). You can preemptively take classes, begin seeing a therapist, etc.. That way you are on the offense not the defense if allegations about prior bad act are going to come up;

11. Respond and contest all requests for PFA (Protection from Abuse). Remember, what you say in an Answer to a PFA, or during that hearing, can be considered in divorce court. Temporary orders may occur but you should plan to object at the hearing to determine if Kansas has cause to put long-term orders in place. Don't forget, a PFA will show in your background check and can impact your job, license, insurance, etc. not just your contact with your ex and/or children. 

Note: If you have reason to believe that your ex is abusing the court system to interfere with your custody/visitation, or cause you other harm, you need legal counsel NOW!

This office often encourages clients to acknowledge their past, address their present issues (or allegations), and take action towards the future. If you do that you will set yourself up for greater success, even if domestic violence was an issue and/or there are new allegations. Finally, you need an attorney to help provide you with guidance and lessen emotional response to Kansas legal processes. 

If you have questions about your circumstances call today for your free consultation (913)602-7288. This office offers payment plans too. 

Lots of fun things started happening Friday night, and will continue through the weekend, in celebration of Saint Patrick's Day. Throughout Kansas you can expect lots of green beer, fraternity/sorority parties ("St. Fratty's Day), bar hopping, large night club crowds, the parade and late nights. With that fun comes problems for some. During this holiday there will be an anticipated increase in arrests for the following crimes:

• DUI
• Public Intoxication
• Possession of drugs
• Domestic Violence 
• Assault and Battery (i.e. bar fights)
• Driving while Suspended or Revoked
• Probation/Parole Violations (remember you likely can consume alcohol or be at bars)
• Contributing to the Delinquency of a Minor/ Minor in possession
• Sex Crimes (these peak during holidays)

Kansas police and highway patrol will noticeably be increasing their presence. They will be on the look out for anyone or anything that could be criminally dangerous to the Kansas community. In addition, they will be issuing citations for noise complaints, public urination, open container offenses and more.

If your fun turns to a nightmare over this weekend you don't have to wait until Monday to call. Attorney T. Morton can be reached  at (913) 602-7288. Consultations are free and payment plans are available. 

Picking a DUI lawyer is an important decision. You are potentially facing many years of imprisonment, loss of driving privileges and more. Here are things you may want to consider before hiring an attorney:

• Price does matter. You will want to be sure you can afford the lawyer's representation from start to finish. You may need a payment plan. Ask if the law office allows that;
• Training. Ask if the lawyer has specific training in DUI defense. There are a number of organizations that offer advanced DUI defense skill building, and that will help you in your Kansas case;
• Network. Nothing is better than an attorney who surrounds themself with other defense lawyers. Then you benefit not only from your lawyer's skills but those they are able to seek support from;
• Experience. It does count. You will want to know how many Kansas DUI cases your lawyer has successfully handled;
• Prior client's comments. One of the best gauges of what your experience will be like is what other clients have said. Take the time to review their Google, website, associations, etc. client feedback; and
• Good fit. Perhaps the most important qualification is can you work with the lawyer. When you are working with an attorney it is a relationship after all. Use the consultation time to figure out if you want to work with the lawyer. Are they available to you? Are they answering your questions in way that you can understand? Do they believe in your case? Will they take it to trial?

Tip: Click HERE for more about DUI potential penalties and defenses (including driver's license information).

You have too much at risk to take the decision of picking a DUI attorney lightly. Whether you, or your loved one, is facing misdemeanor or felony DUI they need an attorney. This office offers free consultations and payment plans. Call Attorney T. Morton NOW (913) 602-7288.

It can happen unintentionally or on purpose. Interactions with Kansas police can turn criminal quickly. This typically happens when you are trying to protect yourself or someone else, in what may be (in your mind) a small way. Oftentimes this charge is stacked on top of other crimes, such as: drug possession cases, traffic infractions and warrant executions but, can occur in other circumstances.  Kansas law enforcement officers (LEO) have duties, and you can be charged with a crime if you:

• falsely report to them;
• tamper with or hide evidence (ex. attempting to discard evidence of sex crimes); or
• obstruct, resist or oppose law officers in their official duties (ex. serving a warrant).

Potential penalties:

• This can be charged as a Class A nonperson misdemeanor (approximately 1 year of imprisonment); or
• Up to a severity level 8 nonperson felony (7 to 23 months imprisonment). 

Interference with LEO defenses:

• Lack of knowledge or intent;
• Reported information was not false;
• Evidence was not destroyed or discarded to hinder investigation;
• Did not know someone, or yourself, was wanted;
• Misunderstanding;
• Inaccurate recount of your statements, and more.

Remember: If this involves a child or your acts as a Kansas law enforcement officer the prosecution will be aggressive, and if convicted, the consequences will be steep.

Interference with LEO is a charge frequently used in Kansas. The State believes that you should respect and allow LEO to do their job. The best thing you can do is say nothing to LEO if asked, and many, if not most, allegations of interference will be avoided. However, if you have already been charged seek legal representation right away. Attorney T. Morton can take your call NOW (913) 602-7288. Consultations are free and payment plans are available.