WHAT IS A PLEA BARGIN IN KANSAS?

Kansas, like other states, has a system of resolving criminal cases without trial. Don't fool yourself into thinking that the District Attorney's Office regularly dismisses cases. Actually, that happens very rarely. Instead many cases are resolved by agreement between you and the State. This is called a plea bargain. Here are the terms of typical agreement in Kansas:

• It will first list the charge(s) that you agreeing to plead to. This is typically a lesser charge or without some of the charges of your original case(s);
• The next section will describe what charge(s) the State of Kansas has agreed to dismiss, whether or not they have any sentencing agreements, and an agreement not to prosecute you any further;
• The following section will describe what you agree to do (ex. plead guilty or no contest to the charges, waiver of any rights, sentencing agreements, etc.);
• Immediately after the above section you will be advised of the penalties (fine, fees, prison time, sex offender registration, etc.) related to the charges the agreement is moving forward on, and the factual basis supporting that you violated Kansas' criminal statute;
• One of the largest sections of a plea agreement, that is included in all Kansas plea agreements it the last several paragraphs. It speaks to the following:
  • All rights you are waiving (trial, presumption of innocence, appellate rights, etc.);
  • That you are entering into an agreement that all agree is just and fair;
  • That you are not under the influence of drugs or alcohol, any other impairment and entered this agreement in sound mind and body;
  • You have not been coerced or promised anything outside of the agreement;
  • That your sentencing to multiple to charges can be run concurrent or consecutive;
  • The potential consequence of consecutive sentencing if you committed charges while on felony probation, parole, conditional release, post-release supervision or while incarcerated, and that you may be sent to prison even if you are presumptive probation;
  • If you were out on felony bond when a new crime was committed you also can be sentenced to consecutive sentencing or sent to prison even if you are presumptive probation; and
  • That you know the difference between concurrent (at the same time) vs. consecutive (one following the other) sentencing.

Remember: While all plea bargains in Kansas likely have the same verbiage, not all are created equal. Many of the terms are up of negotiation and the nuisances are critical to your future freedom and life.

If you are offered a plea agreement in a Kansas criminal case you should consult an attorney before signing it. The Court does not have to follow the agreement and you can be sentenced up to the full penalty allowed by the sentencing grid. Call Attorney T. Morton NOW for your free consultation (913) 602-7288. Payment plans are available.