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Aggravated Assault is serious charge that generally involves the use of or display of a deadly weapon. The threshold question is whether the action caused another to be placed in fear or threat of injury. The facts of the case will be examined to determine whether the alleged victim's fear or claim of threat was reasonable. The accused no longer enjoys the presumption of probation under the Kansas sentencing guidelines when a deadly weapon is involved in the incident.

A no insurance ticket will result if you fail to maintain coverage at all times. A diversion process is an option for first time offenders in most, but not all, courts. Diversion is ideal as it allows you to avoid a conviction on your records but requires that you maintain a policy for at least 6 months. If you can afford a cell phone plan, you can afford a minimum coverage policy.

MIP (minor in possession) is a very common charge issued to even the finest and most gifted students. Law enforcement usually either sees the minor holding a beer or alcoholic drink, or demands an admission of consumption from the minor. A PBT device is often used at the scene for detecting alcohol on the breath, and courts will allow testimony by the officer of the use and results from PBT testing. While the PBT is not conclusive proof of consumption, it is considered persuasive. A diversion of the charge is frequently pursued by minors in order to avoid prosecution and suspension of their license. A conviction will trigger a 30-day suspension on a first offense under Kansas law.

A violation of a diversion agreement will cause a revocation to be filed and a court hearing set to determine the issues outlined in the notice. The best course of action to maintain the agreement is to propose additional sanctions, such as the Weekend Intervention Program, in lieu of a revocation. In the end the defendant keeps his or her diversion in place while serving additional penalties like the WIP program or similar "in custody" program.

A good working relationship between the attorney and client is necessary to achieve the best results for the client. On rare occasion the relationship should be terminated when both parties consent to the termination in writing.

Pre-trial bond conditions following a DUI arrest generally requires NO drinking and NO drug use. The use of alcohol could affect your ability to get diversion and could increase the requirements for diversion, including the completion of the Weekend Intervention Program, a 48-hour alcohol treatment class.

Kansas law allows drivers to apply for a Restricted Permit after 90 days of a one-year suspension following a breath test refusal or failure over 0.15%. The Permit is only valid with the interlock device installed in any vehicle driven by the applicant.

The recent Executive Order signed by President Trump on 01/25/2017 directly affects the DUI/DWI cases where plea bargaining was the status quo on most cases. The non-citizen client now must decide to challenge their case due to possible removal proceedings following a conviction. Plea bargaining is not effective anymore.

The Kansas criminal breath test refusal statute, 8-1025, ruled unconstitutional based on 4th Amendment protections against unreasonable "searches" as a test of the human breath and blood is considered a search.

Prior Missouri DWI convictions will NOT be considered during sentencing on Kansas DUI convictions according to the recent Supreme Court case State v. Stanley. The Kansas DUI statute, 8-1567, is more narrow in its definition of "impairment" than the Missouri statute and therefore Kansas courts should not consider a Missouri conviction as a prior offense.

Marijuana convictions can block students from receiving financial aid. The best course of action is to get a lawyer to negotiate a plea to an amended charge of Possession of Paraphernalia.

The relationship between a lawyer and his/her client is one of trust and shared decision-making concerning case management and defense strategy. The lawyer ultimately makes the key decisions regarding strategies.

Expungements of certain traffic and DUI convictions and/or diversions are allowed under Kansas law after a specified waiting period has been met.

Tips called in by the public play a critical role in the investigation and prosecution of DUI arrests. Kansas courts will consider the quality of the tip when determining the legality of the stop based on a tip.

Search and Seizure laws require a warrant issued by a Judge unless an exception applies, such as consent, exigent circumstances, an inventory search, or plain view.

Missouri courts allow drivers who lose the initial "telephone" hearing  to contest the suspension in the circuit court where the arrest occurred.  This is a called a De Novo review under Missouri statute 302.535.  The burden of proof falls on the state to prove the driver was driving with a blood...

In Kansas, high school students frequently attend house parties and find themselves charged for Minor In Possession (MIP). Since no forward thinking student wants an MIP conviction on their record, most will take advantage of the court's diversion program.

Recently, Kansas City police arrested 14 drivers for DUI (driving under the influence) at a sobriety checkpoint in the 600 block of Prospect Avenue. Along with those 14 DUI arrests, there were an additional six arrests for driving with a suspended or revoked license, two arrests for moving violations and another eight related to traffic violations.

There are some things that we just need to fight for here in Kansas. One of them is our right to privacy. Right now, Congress is considering a bill known as the E-mail Privacy Act. This Act, referred to as HR 1852, was created by both Republicans and Democrats and would update the Electronic Communications Privacy Act (ECPA).