Recent Posts in Criminal law Category

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Whether Or Not To Take The Stand

Whether or not the defendant should take the stand in their trial is a tough decision. It is inevitably the decision of the defendant. It is not the court’s decision or the lawyer’s ...
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Driving Under the Influence of Drugs

In Kansas, the laws which govern driving under the influence (DUI) prohibit the use of drugs other than just alcohol. Many people may not know that a driver may be guilty of DUI for operating a ...
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Criminalize DUI Test Refusal - US Supreme Court vs Kansas Supreme Court

A few years ago, the Kansas legislature made it a criminal act to refuse to take a chemical test during a DUI investigation. As a criminal defense attorney, I immediately thought it was an ...
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Man Sent to Prison Due to Faulty DNA Evidence

Driving down a street, a woman recognized the hat of a young man who had attacked her just five days prior. This random person wearing the recognized hat was 16 year old Josiah Sutton. She then ...
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Old Law May Be Used to Help Past Convicts Get New Start

Picture this: An ex-offender is released from jail. While in jail, they receive rehabilitation and are ready to live as a law-abiding, working citizen. They start by looking for a job, only to be ...
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Detection Of Odor Of Marijuana Sometimes Not Even Possible

Over the years as a criminal defense attorney, I have often times heard a police officer testify to something like, “in my experience and training, I could smell the odor of marijuana.” ...
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Kansas Subpoenas For Minors

When minors are involved in Kansas litigation, it changes numerous legal issues, such statute of limitation issues and how a case is captioned. The statute of limitations could potentially be extended ...
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Can You Say What You Want With Free Speech?

As both a parent of teenagers and as a criminal defense attorney, I sometimes make analogies in my discussions with my children. For example, if my daughter were to slap my son on the arm, I would ...
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SCOTUS Requires Warrant For Cell Phone Search

When a criminal suspect is arrested, officers often search and seize evidence and then justify it by stating it was incident to arrest. This actually oftentimes pasts muster in court. In other words, ...
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False Confessions in Sex Cases

Before I studied law or really thought through the following issue, I had a misinformed opinion regarding criminal confessions. If somebody confessed to the crime, then they surely did it! However, ...
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Selfie Leads to Arrest

While the 5 th Amendment protects you from incriminating yourself, some people just can't seem to help themselves. Recently, a woman posted an incriminating selfie of herself on Facebook, wearing ...
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Profanity Protected Speech

As a Kansas criminal defense attorney, I have had numerous cases where my client was being prosecuted for getting too rowdy or yelling profanity. They get charged with the ambiguous disorderly ...
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Fight Fair

As a Kansas criminal defense attorney, I have reviewed lengthy interrogations, that coerced people into saying things that weren't accurate. In fact, I have represented people who I believed were ...
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SCOTUS Weakens 4th Amendment Protection

The 4 th Amendment of the United States Constitution protects the people from unreasonable searches and seizures the government. While there have been many legal battles and arguments over what is ...
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Lawyer Deemed Ineffective When Followed Judge's Ruling

In Kansas, a case can be overturned by the appeals court for numerous reasons. One of these can be if the court determines that the lawyer did an especially poor job, such that a person's ...
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Evil Twin Defende

As a Kansas criminal defense attorney, I have used the "some other guy did it" theory at trial. However, I have not had the opportunity as a lawyer to use the "my evil twin did it" ...
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Man Receives Light Sentence After Rape of Child

A Judge in Montana is drawing quite a lot of harsh criticism for his light sentence on a rapist. The defendant in this case was a high school teacher who raped, and admitted to what had happened. He ...
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Prosecutorial Misconduct Leads to Wrongful Conviction

At 17 years old, Ryan Ferguson was wrongly accused of murdering Keith Heitholt. Keith was a sports editor for the Columbia Daily Tribune, along with his friend Charles Erickson. Erickson insisted that ...
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Man Arrested Over 1,500 Times

As a Kansas criminal defense attorney, I often see people get trapped in the system. However, a Lexington, Kentucky man brings a whole new meaning to this understanding. 64 year old Henry Early has ...
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Minority Report a Reality

In 2002, I watched an interesting movie entitled "Minority Report" starring tom cruise. It was about a specialized police task force, which was empowered to make arrests before they ...
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Johnson & Johnson Settles Over Drug Risperdal

Risperdal was a drug that was aggressively promoted and sold by Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, Inc. for unapproved uses, mostly targeting providers who treated ...
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Police Motto to Become "Seize and Profit?"

As a Kansas criminal defense lawyer, my passion is to defend people against prosecutors accusations and charges. However, that representation sometimes crosses over from criminal law into civil law. ...
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Prosecuting Attorney Plead Guilty to DUI

A few years ago, I defended someone is Western Kansas in a highly contested second time DUI trial. One of the prosecuting lawyers was Scott James. It was so ironic to learn recently that Mr. James ...
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Legal Colorado Weed Moving Illegally into Kansas

Legal Colorado Weed Moving Illegally into Kansas While other states are legalizing marijuana, it remain illegal in Kansas. However, large quantities of marijuana are making its way in and out of ...
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iPhone's new Fingerprint Scanner raises Legal Concerns

Apple recently announced that it is moving toward biometric security measures on its devices, for example, the fingerprint scanner (unlock) on new iPhone, and away from knowledge-based authentication, ...
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