Tuesday, May 29, 2012

What is diversion and can I get one?

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.

Monday, May 14, 2012

Cops to step up seat belt enforcement in Kansas

Click it or ticket...May actually become a reality, as officers step up enforcement of the States seat belt policy.  Here is the article in the Wichita Eagle.

Seat belt enforcement project launches May 21.
By: Stan Finger

Megan Reed always wore her seat belt.

But for some reason, she didn’t put it on when she caught a ride to school with a friend on that snowy February morning in Pittsburg. She regretted it the instant her distracted friend lost control of the SUV on icy streets and the vehicle swerved into a ditch and struck a row of trees.  Reed, a 17-year-old junior at Pittsburg High, survived. But she broke her femur and had to perform her role in the school musical in a motorized wheelchair.
“The biggest bone in my body was snapped in half,” said Reed, who called the crash “the most horrid and memorable event of my life.”

Reed spoke about the cost of not wearing a seat belt Thursday to bring attention to the annual “Click It. Or Ticket” enforcement project, which runs statewide May 21 to June 3.  As someone who normally wears her seat belt, “I never thought this would happen to me,” she said. “But it only takes one time.”  Kansas Department of Transportation spokesman Pete Bodyk said more than 60 percent of traffic fatalities are typically people who weren’t wearing their seat belts.  “There are many crashes that people would survive if they just had their seatbelt on,” Bodyk said.

While seatbelt usage rates have climbed in Kansas in recent years, Wichita police Capt. Rusty Leeds said, the percentage of traffic fatalities involving people not wearing seatbelts remains higher than the national average.
The number of traffic accidents in Wichita has declined in recent years, Leeds said, but the number of accidents resulting in injuries and deaths has increased.  “It costs nothing to wear a seatbelt, but it has the potential to save your life or prevent serious, debilitating injuries,” Leeds said.  State law permits law enforcement officers to pull over drivers who aren’t wearing their seat belts.

Drivers complain that officers should be spending their time on more serious matters, , but traffic enforcement is part of public safety — and numerous criminals have been apprehended as a result of routine traffic stops, Leeds said.  The special enforcement will utilize officers being paid overtime through a state grant and spans Memorial Day weekend — historically the launch of the summer travel period.
Officers will be on duty for the program around the clock, Leeds said.

Read more here: http://www.kansas.com/2012/05/10/2330031/seat-belt-enforcement-project.html#storylink=cpy

Thursday, April 26, 2012

Kansas Budget woes cause courts problems.

Local newspapers chime in on the recent furlough days required by the funding shortfall in the Kansas Courts.  The Kansas Supreme court issued an order closing courts for several days this year as they did not have the necessary funds to keep them open for business as usual.  These furlough days have already caught up with us once this year causing all kinds of scheduling problems for attorneys and judges.

Here is what a couple of local papers printed on the subject.  Posts came from this article.

Court furloughs – Court workers in Kansas are missing work and losing pay thanks to political gamesmanship in Topeka. The furloughs also promise to create gridlock in court proceedings and reduce citizen access to court systems. Small claims and other civil cases no doubt would be delayed as more pressing criminal and child welfare cases receive priority. But such burdens don’t matter to politicians eager to win at all costs. How unfortunate that some conservatives in the House would penalize Kansans in such a way to further their own political agendas.  -Garden City Telegram

The Kansas Legislature is letting budget games disrupt the work of the courts, which are a vital part of maintaining law and order. The most upsetting thing about the situation is that it could have been avoided. In fact, it seemed as if the Legislature was set to head off just such a problem, right up until it went on spring recess. It seems like a group that includes as many attorneys as the Legislature does would understand the importance of keeping the courts open.  -Peabody Gazette-Bulletin

Read more here: http://www.kansas.com/2012/04/23/2305245/kansas-views-april-23.html#storylink=cpy

Tuesday, April 17, 2012

Need an attorney for a traffic ticket in Leawood KS?

If you have been caught speeding or breaking a traffic law in Leawood Kansas you need to contact a Leawood speeding ticket Lawyer or a Leawood traffic ticket attorney for help.  It is possible to keep that ticket off your record and save yourself from a penalty on your license and a huge insurance rate increase.  An attorney can talk with the prosecutor and negotiate an amendment to the charge to help keep it from going on your driving record.  For further information watch the video below or call the Law Office of Brandan Davies LLC at 913-732-3014 today.

Friday, April 13, 2012

Kansas Law doesn't require dog molester to register as sex offender.

New decision by the Supreme Court of Kansas interprets the state sex offender registration requirements,  yields that man convicted of molesting a dog need not register as a sex offender...

I'm usually not one to judge but, this person really needs some help if he in fact did do these things with this dog.  This guy not only needs a Kansas Criminal Defense Lawyer but he needs a therapy.  Here is the article on Reuters

Dog Molester Won't Have to Register as Sex Offender

By Stephanie Rabiner, Esq

The second time, his roommate walked in on him "penetrating" her female Rottweiler with his finger.
Imagine if the dog had fought back.

This disturbing incident happened while Coman was on probation for an earlier conviction involving a dog, reports The Wichita Eagle. In lieu of another trial, he chose to strike a deal with prosecutors and pleaded guilty to misdemeanor criminal sodomy.  Kansas law defines sodomy as any homosexual conduct or sexual contact with an animal, according to Reuters. How nice.

The courts must have been perturbed with the two-time dog molester. Both the district court and appellate court ordered Joshua Coman to register as a sex offender. The Kansas Supreme Court disagreed, finding that misdemeanor sodomy does not require registration. Even if it is really, really gross.

The result is not exactly surprising. While felony sex crimes tend to warrant a place on the sex offender list, misdemeanors often do not. And misdemeanors with a canine victim? Well, at least it wasn't a human.
Before you go looking for brain bleach, there's another fun factoid about this case. Joshua Coman tried to argue that the Kansas statute was constitutionally invalid under Lawrence v. Texas. That case struck down a law that prohibited consensual homosexual sex. The holding, he claimed, should also apply to dog sex.
Related Resources:
  • Kansas Supreme Court rules that repeat dog molester can avoid sex offender registration (Sentencing Law and Policy)
  • Lawrence v. Texas (FindLaw)

Wednesday, April 11, 2012

In trouble with the law in Overland Park Kansas?

Busted?  If you have been charged with a crime in Overland Park you need help and you need it now.  Drug possession, driving on a suspended license, minor in possession... These are all possible charges you might be looking at in the Municipal Court and all very serious.  These types of charges and the possible convictions that follow will have serious consequences.  Jail time. Driver's License Suspension. Fines. A criminal Record. 

These are all things you need to be worried about when facing a charge in the municipal court.  You need to consult with an Overland Park Criminal Lawyer right away.

Here is a video produced by an Overland Park Criminal Lawyer .

Wednesday, March 21, 2012

Criminal Defense Lawyer in some serious trouble.

A Detroit Criminal Defense Lawyer is in some pretty serious trouble after he allegedly encouraged a witness to commit perjury. (Perjury is knowingly not telling the truth when under oath) It looks like this lawyer was involved in a murder trial and encouraged a witness to lie. If the allegations are true this criminal defense lawyer is not only looking at loosing his license to practice law but also some serious criminal charges.

Regardless of his guilt or innocence this criminal defense attorney is going to have some serious damage to his reputation. Remember when you are hiring a criminal defense lawyer whether it be in Kansas or anywhere you need to retain council with a sold reputation for being trustworthy as well as being an experienced criminal defense lawyer. Here is the ABC News article.

Detroit criminal defense attorney arrested in court for conspiring to commit perjury
By: Ross Jones

DETROIT (WXYZ) - When attorney David Dunn walked into court this morning, his client was still sitting in jail. Within an hour, Dunn joined him there. He was arrested this morning in court for conspiracy to commit perjury in his client Andre Collins’ murder trial. It was supposed to begin today. “It is alleged that Mr. Dunn and Mr. Collins conspired to commit perjury, to encourage a witness to commit perjury,” said Wayne County Asst. Prosecutor Elizabeth Walker today in open court. “We need an opportunity to investigate that matter.” Hours later, Dunn and Collins were both charged with one count of conspiracy to commit perjury. Dunn alone was hit with two counts of witness interference, two counts of obstruction of justice, two counts of perjury enticement and two counts of solicitation to commit a felony. Dunn could face as much time in prison as his client. “I categorically deny these allegations, we were prepared to go to trial on this particular matter,” Dunn said today before being taken into custody. The stunned courtroom sat silent as today’s murder trial was adjourned. Dunn is currently in Wayne County jail in Hamtramck and, along with Collins, is expected to be arraigned tomorrow at 1 PM.