In any criminal matter, both the defendant and the state have the opportunity to present evidence in support of their positions. There are many types of evidence, from eyewitness testimony to fingerprints, tire tracks, and DNA. Many of us are familiar with the role of human DNA in criminal cases, but did you know that animal DNA can also be used evidence in criminal cases?

Once you start to think about it, it makes sense. Animals are present in many of the same places that humans are, from our homes to our yards, our cars, and other places that we go. Wherever humans or animals go, there is a chance that a bit of their DNA will be left behind. In the case of humans, it is often left in the form of hairs that we shed or little bits of skin that slough off. Animals shed hairs too, and they also leave their DNA in various places when they urinate and defecate. Injured animals or people may leave blood at the crime scene, which may also provide a source of DNA.

A man who was responsible for a triple homicide in Indiana was convicted based, in part, upon animal DNA evidence. While he was at the crime scene, the defendant had stepped in dog droppings. When traces of the dog droppings were later discovered on the defendant’s shoes, the matching DNA provided a link between the defendant and the crime scene.

The Indiana triple homicide is not the only case in which animal DNA has been used to connect a defendant to a crime scene or to a victim. From a case in which the victim’s dog urinated on a defendant’s tire to a case in which cat hairs from the defendant’s cat were found in a bag of the victim’s bloody clothing, DNA from animals that belong to both victims and defendants have been used in criminal cases. Although animal DNA evidence is not in widespread use, it is potentially useful in many criminal cases. Although much of the information which has been published about animal DNA and its use as a forensic tool is geared towards its usefulness in convicting suspects of crimes, it is possible that persons who have been accused of crimes that they did not commit could be exculpated if animal DNA (taken in conjunction with all of the other evidence in the case) links someone else to the victim or the crime scene instead of themselves.

No two criminal matters are alike. A seasoned Kansas Criminal Defense Attorney can look at the unique facts of your case and present the most convincing arguments possible on your behalf throughout the course of your criminal matter. Your attorney can also help you to understand and evaluate any alternative courses of action which may be made available to you throughout your criminal case. To speak with a Kansas Criminal Defense Attorney today, please call (316) 264-1548.

Conspiracy is a crime which is often talked about on the news, yet many people do not completely understand it. Everyone knows that certain acts are crimes, but some people do not realize that the very act of planning a crime may in and of itself amount to conspiracy, which is also a crime. Kansas law defines conspiracy in Statute 21-3302, as an agreement with another person to commit a crime or to assist in committing a crime. In order for a person who has been charged with conspiracy to be convicted, Statute 21-3302 requires that an overt act in furtherance of the conspiracy is alleged and proved to have been committed by the person against whom the charges have been brought, or by a co-conspirator.

When a person is charged with conspiracy, it is only natural for them to wonder what the potential consequences may be if they are convicted. At the most basic level, the consequences that defendants are likely to receive for crimes that are committed in Kansas are set forth in a felony grid. The felony grid provides suggestions for sentencing and fines that are contingent upon factors like the type of crime, whether the defendant had prior convictions, aggravating factors, and mitigating factors. Unfortunately, as anyone who has been convicted of a crime can tell you, fines and prison sentences are not the only consequences of being convicted. Important things like your ability to obtain housing and employment are also likely to be affected, making the total impact of your conviction on your life rather extensive.

When someone is charged with conspiracy, there is a lot at stake. For this reason, it is essential that you enlist the aid of a seasoned criminal defense attorney. A defense attorney can offer you the best possible chance at avoiding a conspiracy conviction or reducing the consequences that are associated with a conviction that cannot be avoided. Your defense attorney knows how to examine the circumstances under which your conspiracy charges were brought and select the defense strategies which are the most likely to help you prevail. One potential defense to a conspiracy charge is that the defendant withdrew from the conspiracy. In order for this defense to be successful, the defendant must have withdrawn from the conspiracy voluntarily and in good faith, and with the knowledge of one or more of their co-conspirators before the “overt act” occurred. Evidentiary challenges may be available, depending upon the circumstances of your case. Your attorney also understands the processes which are associated with criminal cases, and they can help you to assess any options that are presented to you so that you can proceed with your case in the manner which will best accomplish your goals.

An experienced criminal defense attorney could help you to get the conspiracy charges that have been brought against you dismissed. If a dismissal is not possible, your attorney could help you to reduce or eliminate some of the short term and long term consequences of being charged with conspiracy. If you would like to know more about how a Kansas Criminal Defense Attorney can help you with the conspiracy charges that have been brought against you, please give us a call at our Wichita office today at (316) 264-1548.

Sometimes, it can be rather annoying if a person continuously shows up wherever you go or won’t stop calling you or sending you texts or emails. Unfortunately, some people go beyond the level of annoying and escalate their conduct to a point where the person on the receiving end of the constant contact feels afraid that they or someone else close to them is in danger of being harmed. When this happens, the activity becomes a crime; the crime of stalking. Stalking is a serious problem, and while stalking victims are often women, there are also male stalking victims who know just how frightening it is to feel as though they could be harmed at any time.

Stalking is a course of action which one person takes towards another person that may include behaviors like incessant in-person, telephone, or electronic contact, harassment, humiliation, and threats of harm to the victim or to their friends, family, or pets. Stalking is something that occurs over time, and in many cases, the contact occurs for a period of time of at least six months to up to five years or more. It is reported that approximately a quarter of all stalking victims are contacted in some manner by their stalker at least once every single day. Because of their popularity and ease of use, it is not surprising that the most common methods of stalking involve cell phones and computers, with stalkers using phone calls, text messages, email, and social media to bombard their victims with messages.

Kansas takes stalking seriously, with first offenses being classified as a class A person misdemeanor, unless the alleged perpetrator’s behavior violated a protective order, in which case it is a security level 9 person felony. Second offenses are person felonies, with a security level of either five or seven depending upon the behavior and the circumstances. If you have been accused of stalking, it is important that you contact a seasoned Kansas Criminal Defense Attorney right away. Your attorney can look at the circumstances of your case and determine which potential defenses may help you avoid a conviction. For example, there are often evidentiary issues in stalking cases. This is due, at least in part, to the fact that and much of the state’s evidence comes from the victim’s own testimony.

A stalking conviction could have a serious impact on many areas of your life. You deserve to be represented by an attorney who will explore all of the options for defending your case, so that you can reduce your chance of being convicted or reduce the consequences that are imposed upon you. We take pride in giving each criminal defense case the personal attention that it deserves, because we feel that criminal defendants are unique people with unique needs who deserve fair outcomes in their cases. To get your questions answered by a Kansas Criminal Defense Attorney, please give us a call at our Wichita office today at (316) 264-1548.

If you have been charged with a crime, you may be aware that there are often multiple ways in which you can defend yourself against the charges which have been brought against you. The types of defense strategies which may be available to you depend largely upon the nature of the crime that you have been charged with. If you have been charged with a drug crime or some other crime for which the charges are based upon evidence which was obtained during a search and seizure, it is possible that a search and seizure defense may be available to you.

As an American, you are protected from unreasonable searches and seizures by the Fourth Amendment to the United States Constitution. Unfortunately, unreasonable searches and seizures happen every day despite the Constitutional guarantee. If you have been charged with a crime which involved any type of search or seizure, it is important that you talk to a Kansas Criminal Defense Attorney about your case. A Fourth Amendment defense is one tool that criminal defense attorneys can use to help their clients, and it can be a very effective tool because it can be used to prevent the prosecution from presenting key pieces of evidence to the court.

Fourth Amendment defenses can take a variety of forms. One type of search and seizure defense is based upon the validity of the search warrant. Search warrants must be supported by probable cause, which means that an officer must have had information available to them which would have led a reasonable person to believe that a crime had occurred or was in progress. If the search warrant which was issued prior to the search and seizure in your case was not based on probable cause, it may be defective. Likewise, a warrant may be deemed invalid if it did not provide a specific enough description of the place which was to be searched and the person or items which were to be seized.

Sometimes, a Fourth Amendment defense is focused on the search itself. A search which was conducted pursuant to a valid warrant may be deemed defective under certain circumstances. An example of how an improper search can be made pursuant to a valid warrant occurs when law enforcement officers go beyond the scope of the warrant and search in places that are not specifically described in the warrant.

Fourth Amendment defenses can also be made in some cases involving warrantless searches. Warrantless searches are often performed as part of an arrest, upon the consent of the person to be searched, in emergencies, and when items are in plain view of an officer. Warrantless searches must be supported by probable cause, so some of them are valid and some are not.

If you have been charged with a crime and the charges are based upon evidence which was obtained during a search and seizure, you deserve the best possible defense. Your Kansas Criminal Defense Attorney can help you to determine whether a Fourth Amendment defense is available in your case. Whether this type of defense is available or not, your attorney can select a defense strategy which meets your needs. Your Kansas Criminal Defense Attorney will also give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.

There is a case which is being heard by the Kansas Supreme Court which could have an impact on the lives of all of the people who are currently required to participate in the state’s offender registry. In 2011, the state Legislature amended the offender registry law. When the law was amended, the listing requirements for many of the offenders who were on the registry at that time were retroactively lengthened.

For one man, who was originally required to register as a sex offender for ten years beginning on the date of his conviction in 2003, the amendment to the listing rules required him to register for another fifteen years, for a total of twenty five years. The man sued the Kansas Bureau of Investigation and the Johnson County Sheriff’s Office, and argued that his name should be removed from the offender registry because he has already completed the ten years of registration that he was required to complete under the terms of his conviction. The man’s argument in support of his request to remove his name from the registry is that the retroactive extension of his registration requirement following the amendment of the state registry law is unconstitutional, because it is an “ex-post-facto” law, a law which results in punishment after-the-fact. The judge agreed with this argument, and issued a ruling which ordered that the man’s name be removed from the registry. The state has appealed the case to the Kansas Supreme Court.

Having to register as a sex offender, drug offender, or violent criminal can have far-reaching consequences for those who are required to register. Consequences of registration can include being prohibited from certain types of employment, having difficulty obtaining housing, and even being a target for ridicule and violence. However, the public does have an interest in knowing when offenders are present in their communities. Offender registries are an attempt to balance public access to information regarding offenders with the offenders’ interests in having their names remain on the registry for as little time as possible due to the detrimental impact that it has on many areas of their lives.

Individuals whose registration requirements were retroactively lengthened when the Legislature amended the registration law in 2011 will want to watch for the Kansas Supreme Court’s decision on this issue, as it could possibly decrease the length of time that they are required to register. If you have been charged with a crime for which you are likely to have to register if you are convicted, it is essential that you contact a Kansas Criminal Defense Attorney right away, so that your rights can be protected. A Kansas Criminal Defense Attorney will help you to pursue the best possible outcome in your case, whatever that may be. Your Kansas Criminal Defense Attorney will also give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.

Prisons all over America are overcrowded, and the United States Justice Department has been reviewing sentencing guidelines in an effort to cut costs and lower prison populations. It has been over a decade since penalties for economic, or “white collar” crimes like embezzlement and insider trading were increased, and many judges feel that the current penalty scheme does not make sense. Some feel so strongly about it that they have even deviated from the sentencing suggestions that are set forth in the guidelines, which are advisory, not mandatory.

Under the current sentencing guidelines, sentences for economic crimes are based in large part upon the amount of money that was taken as a result of the the crime, much like drug crime penalties are based upon the amount of controlled substances involved. Incidentally, the sentencing guidelines for drug crimes were updated recently, and the new drug crime penalty guidelines place much less weight on the amount of drugs involved in a crime by putting more focus on the other aspects of the crime. Many lawyers and judges feel that it is time to adjust the penalties for economic crimes in a similar manner, by placing less emphasis on the dollar amount involved and greater emphasis on the defendant’s role in the crime.

Although the sentencing guidelines are advisory and not mandatory, judges do like to rely on them for the sake of consistency. Judges who have departed from the existing guidelines in cases where the suggested punishment seemed entirely too harsh for the situation at hand support a reassessment of the penalty scheme so that more sensible penalties would be the rule, rather than the exception. For example, defendants who play very minor roles in fraudulent schemes are eligible for lengthy sentences under the current penalty guidelines. In cases involving defendants who contributed very little to the economic crimes in which they were implicated, some judges have given much shorter sentences than those that are suggested by the guidelines. Those who would like to see the sentencing guidelines changed argue that things like the sophistication of the crime, the defendant’s motive, and the outcome (whether the defendant received an actual financial benefit) should matter more than how much money was taken.

Defendants who have been charged with economic crimes should know that the sentencing guidelines have not been changed yet. The current penalties for economic crimes are harsh, and could have far-reaching impacts on all areas of your life. If you have been charged with an economic crime, it is essential that you contact a Kansas Criminal Defense Attorney right away, so that your rights can be protected. A Kansas Criminal Defense Attorney will help you to pursue the best possible outcome in your case, whatever that may be. Your Kansas Criminal Defense Attorney will also give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.

Whether you are currently facing your first criminal charge or you have been previously charged with one or more crimes, you probably have a sense of just how serious your situation is. Some people may suggest that you defend yourself against the criminal charges. You may even feel as though you could be successful in representing yourself in court. If you are like many people, though, it is just too risky to go it alone. If you are on the fence about whether to retain an attorney, consider the following five reasons why it is important that you seek counsel from a knowledgeable Kansas Criminal Defense Attorney.

A lot of paperwork goes along with being charged with a crime. What you may not be aware of is that the administrative staff at the courthouse will not assist criminal defendants in filling out their paperwork. If you fill the paperwork out yourself and you make a mistake, you may hurt your chances of prevailing against the criminal charges. An experienced criminal defense attorney has completed all of those forms numerous times, and they can ensure that all of your forms get to the correct locations and parties in compliance with all applicable deadlines.

Also, criminal defendants are often offered options which may help them to avoid a conviction. Many criminal cases settle before they get to trial, often with positive results for the defendants. Your Kansas Criminal Defense Attorney can help you to understand whether and when a plea bargain, diversion, or dismissal may be available in your case. They can also help you to assess the risks and benefits of choosing each of the options that are available to you.

Every criminal conviction has consequences that can affect the present and future life of the defendant and family members. Even common crimes like drug possession and traffic violations could have serious penalties which will impact your freedom well into the future. Your Kansas Criminal Defense Attorney can help you to minimize the impact of the current charges against you on your present and future freedom.

An experienced criminal defense attorney can look closely at the facts of your case to determine whether any mistakes were made by the police. There are rules which govern how physical and verbal evidence may be obtained, and how it should be handled. Your attorney can spot evidentiary issues which may be present in your case, and can challenge the charges in situations where your rights were violated or evidence was improperly obtained.

A fifth reason that you need a Kansas Criminal Defense Attorney is that the State has an attorney. Your adversary, the prosecutor, knows the laws under which you have been charged with a crime. They want to win their case for the State, so they are unlikely to offer you any sort of leniency. When you have your own attorney, you avoid being on the disadvantaged end of a power imbalance in the courtroom.

If you have been charged with a crime, a Kansas Criminal Defense Attorney will help you to pursue the best possible outcome in your case. Your Kansas Criminal Defense Attorney will give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.

Whether you have never been charged with a crime before, or you have recently been charged with a criminal offense, it is possible that you have an idea in your mind of what probation is all about. Many people are aware that being on probation includes not being incarcerated, but some people do not know much more about it than that. Perhaps even more importantly, some people who are facing criminal charges may not fully understand what probation is, and how it could affect their life if it is offered to them as an option and they choose to accept it.

The first and most important thing that people should know about probation is that it is not something which is offered to in lieu of jail time. Each defendant who has been convicted of a crime receives a jail sentence. Some people who have been convicted of crimes, particularly less serious offenses, are given an opportunity to continue living in the community if they abide by certain conditions for a specified period of time, which is referred to as the term of their probation.

While a person is on probation, their jail sentence is placed on hold until one of two events occurs. If a probationer violates one or more conditions of their probation, a judge may send them to jail to serve the original sentence that was ordered when they were convicted of the crime that they committed. Depending upon the nature and extent of the violation, the judge does have the option of sending them to jail for part of the original sentence, or to place them back on probation. For example, a missed appointment with a probation officer is likely to be considered in context with the probationer’s other behaviors. If it was a one-time occurrence, and all other conditions are routinely complied with, then it may be overlooked. If, however, the probationer misses other appointments, fails drug tests, and loses their job, then the sentence is likely to be imposed. If a probationer successfully completes the term of his or her probation, a judge may excuse them from serving their jail sentence.

Probation orders vary as far as what they require of the people to whom they apply. A typical probation order may include requirements to refrain from certain types of activities, or to refrain from interacting with certain people or going to certain places. Participation in rehabilitative programs like counseling, substance abuse treatment, or anger management may also be part of a probation order. Drug and alcohol testing are common probation requirements, as are regular check-ins with a probation officer. If the court deems it feasible for a person to hold a job, employment may be required as a condition of probation. Community service work may also be required. Probationers may be required to pay fines, child support, restitution, or other fees as conditions of their probation. Some probationers may be required to live in a specific type of housing, or to permit random inspections of their living quarters.

If you have been accused of violating the conditions of your probation, your freedom is at stake. It is essential that you seek the assistance of a skilled Kansas Criminal Defense Attorney, who can help you to present your best possible case to the court. If you have successfully completed your probation and you want to know whether you could possibly qualify for expungement of your criminal record, a Kansas Criminal Defense Attorney can help you with your questions on that topic. To learn more about how a Kansas criminal defense attorney can help you with any questions that you may have regarding probation, please call our Wichita office today at (316) 264-1548.

There are many ways to steal, so it only makes sense that there are a variety of Kansas laws which deal with theft. One of the defining characteristics of any type of theft is that the person who commits the offense intends to permanently remove the item from its owner’s possession. Once someone has that intent, that person must then commit one of the four acts that constitute theft. A person can commit theft by obtaining unauthorized control over property, using threats to obtain property, using fraud or deception to obtain property, or obtaining property that they know is stolen.

The value of the property that has been stolen plays a role in how a theft will be classified, as does the criminal history of the person who committed the theft. In general, if the value of the property or services that were stolen is under a thousand dollars, if lost property is stolen, or if a bogus check is written for any value under one thousand dollars, the offense is a petty theft, which is a class A nonperson misdemeanor. Anyone who is convicted of petty theft could be required to spend up to a year in county jail. They may also be fined up to $2500.00.

If the goods or services which were stolen are between one thousand and twenty five thousand dollars in value, the theft rises to the level of a severity level nine nonperson felony. There is also another theft scenario which is classified as a severity level nine nonperson felony, and that is when property of any value is stolen from three separate stores within a seventy-two hour period of time. The sentence for someone who is convicted of this type of theft is seven to nine months, with fines of up to one hundred thousand dollars.

The theft of property or services with a value between twenty five thousand dollars and one hundred thousand dollars is a severity level seven nonperson felony. If someone is convicted of this type of theft, they could spend a minimum of eleven to thirteen months in prison and be required to pay a fine of up to one hundred thousand dollars.

Thefts involving property and/or services with a value over one hundred thousand dollars are classified as severity level five nonperson felonies. The punishment for thefts of this nature may include a sentence of thirty one to thirty four months and fines of up to three hundred thousand dollars.

As mentioned before, the criminal history of a defendant also plays a role in the classification of a theft as well as the punishment for it. The punishments described above are all for people with little to no criminal history. Those with more offenses on their records will receive charges and penalties that reflect the amount and type of offenses which are in their records.

Shoplifting is one type of theft, and in addition to the crimes and penalties listed above, there are civil penalties which may be imposed on the person who committed the offense, or their parents if the person was a minor, under certain circumstances. For example, if the item is returned to the store in such a condition that it cannot be resold, then the person who took the item or their parents, if they are a minor, must pay twice the retail value of the item, or fifty dollars, whichever is greater, up to a maximum of five hundred dollars.

If you have been accused of any kind of theft, an experienced Kansas Criminal Defense Attorney can help you to avoid conviction whenever possible. They can also help to lessen the impact of a conviction on your life when conviction cannot be avoided. To learn more about how a Kansas criminal defense attorney can help you, please call our Wichita office today at (316) 264-1548.