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KANSAS CITY, KANSAS CRIMINAL DEFENSE & FAMILY LAW FAQs

YOU'VE BEEN OFFERED A PLEA OR DIVERSION. DO YOU STILL NEED A KANSAS LAWYER?

2/8/2024

1 Comment

 
Yes! Even if you think you have a sweet deal on the table, you still need a lawyer. Kansas prosecutors simply don't have time to take every case to trial. As discussed in a prior blog, there is a standard offer that will be issued to nearly every person with the same (or similar charges) as you. They get the win this way too. Here's the catch. The prosecutor can make you any offer they see appropriate; however, only the judge can sentence you AND that judge does not have to follow the agreement. If you charged with a felony a Presentence Investigation Report will be given to the Court. In both felony and misdemeanor cases, plea agreements alert you that if your criminal background could change your position on the sentencing grid, that you can be sentenced to the full extent of the law (even if you don't recall the former charges). This is especially important in Kansas sex crimes, felonies, DUIs, juvenile and domestic violence case. There may be a need to argue against the calculation of your prior convictions. Even if you don't have any priors, sentencing is a hearing of it's own, has special rules and rights, and you should not do that alone.

Remember: Once you enter your agreement, there is very limited timeframe when you are permitted to withdraw your agreement and set the matter for trial. You cannot withdraw an agreement on the day of sentencing.

Attorneys are costly but entering into agreements blindly is more costly. This case may be your first, and maybe your last crime but, you must plan for the future. What you accept in the Diversion and/or a Plea can be negotiated and will impact other parts of your life. Call Attorney T. Morton NOW (913) 602-7288. Payment plans are available. 
1 Comment
Mainor Ellis Injury Lawyers link
5/20/2025 05:07:45 pm

Even if you've been offered a plea deal or diversion in Kansas, it's crucial to consult with a criminal defense attorney. Judges aren't obligated to follow plea agreements, and factors like your criminal history can significantly impact sentencing outcomes.


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