Tuesday, May 29, 2012

What is a diversion in a theft case?

A diversion can be a useful tool if applied correctly.  Whether it be utilized in a DUI case, a criminal charge, or a speeding ticket diversion can surely help you keep your record clean and avoid some stiff penalties in a criminal case.

Here is a common way this question gets brought up.

Q: I am charged with theft in when I took a few items from a Walmart.  My brother told me I should try to get a diversion.  What is a diversion?

A.  A diversion agreement often referred to as “a diversion” is a contract between you and the prosecutor. When someone has committed a crime sometimes the prosecutor will offer the offender a way to divert the charge; by using a diversion agreement. Basically, if you do everything that the agreement requires you to do and don’t violate any of the conditions of the agreement the prosecutor will not move forward with the case. Additionally, you will usually have to stipulate to the facts you are accused of committing. If you break the agreement the prosecutor will proceed with the case, along with the facts that you stipulated to, making their case much easier to prove. Diversions can work great if you don’t make any more mistakes.  I always advise clients to really look at themselves and their past.  It they are the type of person who gets in trouble often then a diversion may just be setting yourself up for failure.  They have their place but now right for everyone. Just in case you happened to stumble across this blog because of a Kansas Theft case Then here is a video for you.

Thursday, May 17, 2012

Client asks Kansas Supreme Court to allow him to have his old lawyer back on the case.

He was once disqualified for a conflict of interest.  Now his client want him back on the case.

TOPEKA, Kan. (WIBW) - A former convenience store partner is asking the Kansas Supreme Court to let his former lawyer back on his case.  38-year old Monroe Lockhart was in court Tuesday for his eighth first appearance on home invasion and assault charges. He's been without representation since March, when Shawnee Co. District Court Judge Mark Braun disqualified Billy Rork for conflicts of interest.
In a writ of mandamus motion filed Tuesday with the state's high court, Rork argues the conflicts no longer exist since charges against a co-defendant were dropped. He also says Judge Braun erred by not holding a hearing on Rork's request to overturn the disqualification in light of the new circumstances.

Lockhart is due back in court Thursday. However, Rork also filed a separate motion asking that Lockhart's criminal proceedings be stayed while the mandamus motion is considered.  Lockhart was a former managing partner of Mo's Express Convenience Store. The store's manager, Anthony Talbert, was previously charged in the November assault case and had also hired Rork to represent him. Rork was disqualified from representing either man. However, following a preliminary hearing, Judge Braun ruled there was not enough evidence for Talbert to stand trial.

Tuesday, May 1, 2012

Kansas State Troopers put old squad car style back into use.

As the Kansas Highway Patrol is turning over 75 years old they decided to bring a little nostalgia back into the mix.  To celebrate the 75th anniversary the state troopers pulled out the paint scheme from their old rides and I do mean old.  The old blue and grays are back on the streets ever so happily pulling people over.  Here is the article.

If you get pulled over by one of these cars contact our office.

The blue and gray Crown Victorias with the beacon on top that were iconic to the Kansas Highway Patrol for many years are back on the road. In honor of the Patrol’s 75th anniversary this year, 14 of the cars, one perhaps the last of the model to roll off the Ford assembly lines, have been issued to Kansas troopers. Mark Crump’s Highway Patrol Academy Class of 1994 was the first to drive solid color cars. He is excited to be one of the troopers selected for a blue and gray. The response from the public has been positive. On one traffic stop north of Pratt, the driver told him it was almost an honor to be stopped — it took him back to his high school days.

“A lot of good men who came before me drove that blue and gray car,” Crump said. “The people who came before us earned the Highway Patrol a good reputation.”

Crump has been a trooper with the Patrol for 18 years and based in Pratt for almost eight. He started his law enforcement career with the Gray County sheriff’s department, but said he likes the road patrol job — likes the daily interaction with people. He admitted the people don’t always enjoy interacting with him, as he goes about the job of enforcing traffic laws and correcting what he calls accident-causation violations.

A new recruit today spends 22 weeks at the training academy in Salina, learning about traffic laws, trucking regulations, accident investigation, photography, and operation of equipment. After that, he or she completes 70 days of field training with an established officer.  Today’s trooper has an 800 megahertz radio and a mobile data center (computer) at his fingertips. The car is also equipped with a digital camera, mobile video cameras, radar and lidar to zero in on a particular car. Most troopers also use their own cell phones on the job.  The Patrol has come a long way in 75 years.

It was organized in 1937 to combat a growing number of bank robberies and halt a thriving trade in bootleg alcohol, with a force of 45 troopers, a superintendent and an assistant superintendent. The fleet included four motorcycles and 31 cars with silver tops and black bodies. About 500 troopers patrol the roads in 2012.
Before 1945, patrol cars did not have radios, so troopers listened to WIBW in Topeka, where they might hear an announcement for them to call headquarters. At night, the nearest phone might have been in a bar, according to Angela Frasure, a media technician for the Patrol. She interviewed a retiree, hired in 1949, who told her he “went straight to the road” for a year before training.  “That would never happen today,” she emphasized.
Another retiree told her, “When I started we were the war against alcohol and drunk driving. Over time it has become the war against drugs and now it has become homeland security also.”  A trooper has a lot of flexibility, Crump said. Every morning he gets in his car, and decides what federal road he wants to patrol that day. Based in Pratt, his zone also includes Kingman, Harper and Barber counties and Troop F has responsibility for an area from Butler County to the Pratt/Kiowa line and from the state’s southern border north to the Barton/Russell line. In addition to patrolling, he might be called on to help with special events, like last fall’s Peace Treaty Pageant in Medicine Lodge or races at the Kansas Speedway.

He is the only road trooper stationed in Pratt, where there is also a motor carrier inspector and a trooper assigned to a special criminal interdiction team.

Tuesday, April 17, 2012

Need help with a Traffic Ticket in Leawood Kansas?

If you have been pulled over in Leawood Kansas and issued a speeding ticket you need help.  If you don't want to have a penalty on your license in Kansas or points on your license in Missouri then you need to get the ticket amended if possible.  Leawood Police officers hand out quite a few tickets especially on their stretch of Interstate 435.  There are ways to fix a speeding ticket just watch the video below.

A Leawood KS Speeding Ticket Lawyer can help.  Don't just pay the ticket and watch your insurance costs skyrocket.  The upfront cost of an attorney will nearly always be less than the increased cost of your insurance premiums.  Also, remember that your next ticket may not be able to be fixed and then you would be dealing with having two tickets on your record.  If you need assistance call the Leawood speeding ticket lawyer.

Friday, April 13, 2012

Are you looking for a Criminal Lawyer in Mission Kansas?

Everyone makes mistakes.  But its what happens after you make a mistake that determines if it that mistake will become a major problem.  Criminal charges lead to criminal convictions and a criminal record.  Having a criminal record makes it difficult to find a place to work.

If you are looking at criminal charges in Mission KS you need the help of a Mission KS Criminal Lawyer and you need it right away.  You need an attorney that practices in Mission Municipal court and knows the processes and procedures.  You need an Criminal attorney that can fight for your rights and try to keep your record clean.  Here is a video produced by a Mission Kansas Criminal Lawyer.

Wednesday, April 11, 2012

Need a Criminal Defense Lawyer in Overland Park Kansas

If your facing a criminal case in Overland Park Kansas you need help. You need an Overland Park Criminal Lawyer and you need one quickly. Criminal charges in the municipal court can be just as serious as criminal charges in the district court. Municipal court charges will go on your criminal record and could land you in jail for up to a year.

If you find yourself facing any of these charges in Overland Park click here for more information.
DUI Charges
Driving on a Suspended Driver's License
Theft Charges
Assault Charges
Disorderly Conduct Charges
Drug Possession Charges
Minor In Possession Charges
Open Container Charges
Drug Paraphernalia Charges

Here is video from an Overland Park Criminal Lawyer.

Thursday, March 22, 2012

Sleeping outside against the law? I guess so..

Looks like the Santa Cruz county prosecutors office has nothing better to do than harass a guy sleeping outside in a city park.  It doesn't look like he was hurting anyone just sitting down for a nap.  I guess sleeping outside the courthouse looks to be top priority for the county prosecutors.

Here is the article in Silicon Valley Mercury News.

Man on trial for sleeping on bench outside Santa Cruz County Governmental Center

By Cathy Kelly
SANTA CRUZ - Trial testimony began Tuesday for a 47-year-old man accused of four counts of illegal lodging for sleeping on a bench outside the courthouse at the County Governmental Center, beside a sign proclaiming that sleeping is not a crime.  County officials and sheriff's deputies disagree with that statement, however, and Gary Allen Johnson was arrested four times in December and January after refusing deputies' orders to pick up his sleeping bag and move along.

Johnson was arrested twice during one deputy's shift, first about 10 p.m., and then after being released from jail about four hours later, deputy Daniel Robbins testified.  Defense attorney Ed Frey asked whether Johnson was obstructing or damaging something. Robbins said he was not.  Johnson was convicted of the same charge last year, a misdemeanor violation of a state law against lodging outside, after the Peace Camp 2010 demonstrations.

He was out of custody pending an appeal when he began sleeping on the bench in December.  After repeated arrests, a judge set his bail at $5,000 and Johnson is being held in County Jail, Frey said.
Frey, 71, said he took Johnson's case pro bono, because he believes the law is unjust and unconstitutional.
"There is nowhere you can sleep legally if you don't have a property right, so poverty is a crime," he said. "People have a right to sleep. Many, many constitutional provisions give that right."  Frey also said that "lodging" is too vague a description of the illegal behavior.

Prosecutors Shannon Murphy and Judith Jane Stark-Modlin called the county's principal administrative analyst as a witness.  Dinah Phillips testified that the county in November instituted a curfew prohibiting anyone not on county business from being at the County Governmental Center from 7 p.m. to 7 a.m. That action was taken after numerous safety and sanitation problems during the Occupy Santa Cruz demonstrations, she said. Those demonstrators erected a large campsite on city property adjacent to the county buildings and a smaller camping area on the courthouse steps along Water Street.  Several no trespassing signs were posted with the curfew hours, Phillips said.

Frey asked if the county had consulted anyone about the constitutional rights that might be violated by such a curfew, and she said they had, that county counsel had advised them it was within their rights. Murphy asked sheriff's Sgt. Dan Freitas, who had warned Johnson, whether Johnson had said he had any purpose for being there other than protesting, or whether he said he did not have anywhere else to go. He did not, Freitas said.
Johnson, a tall, thin man with dark gray hair and a beard, said quietly beside his attorney Tuesday.

Testimony in the jury trial is expected to continue through Thursday, in front of Judge John Gallagher.
Frey said his client could face as much as six months jail time for each of the four violations, if found guilty.