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. 

Tax return season is upon us. Whether you are getting federal, Kansas or both types of returns here are some services that you should take care of:

• File that divorce. If you have putting this off because of costs, this is the time to get going;
• Request expungement or sealing of records. This is one of the least expensive legal services but can change your whole life;
• Resolve an outstanding warrant. Many avoid taking care of Kansas warrants because of the cost of bond and representation. This is a time to stop looking over your shoulder and take care of these matters;
• Seek visitation or other changes in parenting orders. The starting cost for making such of request is minimal. If you don't ask then the answer will be "no". Besides getting more time with you child(ren) you may get tax benefits next year, if this is granted;
• File a small claim. If someone owes you money for a contract, service or loan, it is inexpensive to file a small claim against them. This may also be a time that that person can pay; and
• Hire a lawyer for your criminal case or sentencing. If you have been handling your criminal case alone, or you are dissatisfied with your current counsel, now would be the time to make changes.

Tip: Even if you are outside of the state of Kansas, a Kansas lawyer can try to help you take care of your legal matters with little-to-no travel.

Family and criminal matters will haunt you until you take care of each. Many have extra cash during this time of year and find great peace in taking care of what they have put off. This office offers free consultations, and would be happy to help you. Payment plans are available. Call NOW (913) 602-7288. 

Theft becomes a felony in Kansas when you take:

• property or services;
• of $1500 or more;
• intending to permanently deprive someone.

"Taking" under Kansas statute can mean obtaining or exerting control over something even if you weren't the person who stole it.  If the person, or business, alleges that there was no force but there was deception or fraud, and that is how you got possession or control, then you may be charged with felony theft. 

Kansas has stiff penalties for these crimes, as follows:

• Property or services of the value of $100,000 or more is a severity level 5, nonperson felony - 31 to 136 months (nearly 2 to 11 years) of imprisonment;
  

• Property or services of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony - 11 to 34 months (nearly 1 year to almost 3 years) of imprisonment;

• Property or services of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony - 5 to 17 months (1/2 a year to 1 1/2 years) imprisonment; and
• Property regardless of the value from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony - 5 to 17 months (1/2 a year to 1 1/2 years) imprisonment.

Remember: Exactly where you land on the Kansas sentencing grid will depend on your specific circumstances (ex. prior criminal history, aggravated circumstances, etc.).

One more thing. If you have been convicted of any two thefts in the past, an additional misdemeanor theft will escalate to a level 9 felony automatically. 

Typically felony theft charges involve scrap metal, retail/clothing stores, equipment, cars, checks and theft from employers. However, there are many other things that may be involved. Regardless of the allegations against you, you do have defenses to Kansas felony theft. Here are some:

• Owner of the property;
• No fraud or deception;
• False allegations;
• No intention to permanently deprive (ex. borrowing);
• No services received or contract dispute not theft;
• Misrepresentation of facts by alleged victim;
• Mistake in facts, etc.

Just because you were arrested doesn't mean the case against you is open-and-shut. You should seek the advice of a lawyer immediately. The long-term consequences for these charges are many. This office offers free consultations. Call today (913) 602-7288. Credit cards and payment plans are accepted. 

If you are expected in court, in a Johnson County, Kansas case, you may need extra time. Requests for extra time are called several things - postpone, reset, continuance, delay, etc.. Each have different meanings. These are often allowed but not always. Here are some things the Court may allow and/or consider when determining if you can get a new court date:

• You will likely need to appear at the next hearing to request a more time. If you fail to appear, whatever the reason, and you were not given permission from the court to do that, you will have a bench warrant issued for your arrest. This can cause a revocation of your bond and violation of bond supervision too;
• Change in counsel is a reason that many need more time. You need to know that sometimes the Court will deny withdrawal of your current attorney because the case is too far along. You also need to know that just because you get a new attorney it doesn't mean you will get more time. This office has been in Kansas courts where the new counsel is required to jump in, and prepare for trial, with very little time (which is not always in your best interest);
• With good cause shown, through your attorney it is possible to get your court date reset, without appearance, sometimes. Your attorney will have access to the Court's clerk, and the prosecutor, that defendant's don't. However, resetting is always up to the discretion of the Court;
• If you already have a warrant issued for your arrest, you will not be allowed to skip appearance to resolve that. Your next court hearing date will be given upon your actual appearance. If you are being extradited to Kansas you will not be bondable until you arrive in the controlling county;
• In Kansas, if you have failed to appear in the past (for good or no reason) the Court may refuse to reset or postpone your case. The judge's responsibility is to ensure that cases don't sit around, unjustified, for lengthy periods of time;
• The age of your case will also be considered when continuance is requested. For the same reason as noted above, the Kansas judge wants to clear you off their docket. Also, the prosecutor wants to ensure that they don't loose potential witnesses, that alleged victims are still around, and that evidence is still available. You then will be facing objections from the State too;
• The type of case will weigh into the consideration of the Court. If children (CINC), divorce proceedings, sex crimes and/or violent crimes are pending the urgency of the matters will play a part in the Court's decisions;
• You have the right to speedy trial. If you request several continuances you are giving the State the opportunity to strengthen their case. You should seek the legal advice of a Kansas attorney before making that decision. You may even want to object to the district attorney's request for more time; and
• Finally, you may be in a bind and really need to continue your case. It is most likely going to be granted if you have a medical emergency, your inability to appear is outside of your control, you have otherwise been in compliance, and/or you have other extreme circumstance (ex. death in the family). 

Remember: Until you have confirmation from the Kansas Court otherwise you must appear at all scheduled hearings.

You have questions. Call Attorney T. Morton NOW (913) 602-7288 for your free consultations. Payment plans are available. 

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.