WILL YOU GO TO JAIL? KANSAS CRIMINAL CASES

Nothing is more scary than facing prison or jail time. Kansas criminal defense lawyers are frequently asked, "Will I go to jail?" The answer is - it depends. Here are some things considered when determining if you will be serve time:

• The severity of the charges you are facing (misdemeanor vs. felony)
• Your prior criminal history
• The outcome of your pre-sentence investigation
• If your case carries mandatory minimums (ex. DUI, Jessica's Law, etc.)
• If there are aggravating factors associated with your charges (ex. weapons)
• The age of your case
• The age of your prior criminal history
• If you were on probation, bond or benefiting from a sentencing departure when charged with new crimes
• The cooperation, availability and credibility of the witnesses or alleged victim(s)
• The strength of the evidence against you
• Your own prior admissions/statements
• The judge overseeing your case (Remember: Even if you have a plea or Diversion offer, the judge does not have to follow the agreement when issuing sentence.)
• The recommendations of the prosecutor
• The type of crime (ex. violent, sex crimes, drug crimes, etc.)
• The availability of alternatives to incarceration (ex. drug rehab, probation, etc.)
• If you are facing other crimes (locally or in another state)
• The perceived danger you may represent to the Kansas community if you are not in custody
• Your actions or inactions during the pendency of this case
• The jury your case is tried in front of
• If you have certain juvenile charges
• Your age in relation to the age of the alleged victim
• Whether you are deemed a habitual offender
• If there was serious bodily injury, serious damage to property or death because of the crime
• Crimes that carry mandatory minimums (ex. Jessica's Law, DUI, etc.), and more.

Many falsely believe that little-to-no criminal history means you will be offered Diversion or a plea bargain. That is not promised or guaranteed. Also, in Kansas, you can serve jail or prison time for first time offenses.

No attorney can promise you what will come of your case. However, quality legal defense is the best way to ensure that all of your rights are protected and you are put in the best position. You need aggressive representation! Call Attorney T. Morton (913) 602-7288 NOW for a free consultation. Payment plans are available.