Archive for the ‘Criminal Defense’ Category

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What You Need to Know About the Crime of Identity Theft

Wednesday, March 26th, 2014

Identity theft is a crime which can take many different forms. Sometimes, an action which you think is legal is actually identity theft. On the other hand, something which may appear to be identity theft may be a legal activity. Read on to learn more about identity theft, and about the Kansas laws which apply to people who are accused of committing it.

The crime of identity theft does not necessarily mean that a person has tried to steal someone else’s entire identity and impersonate them. That is one way in which identity theft happens, but it is not the only activity which qualifies as identity theft. Personal identifying information is at the heart of any identity theft case. There are many types of identifying information, including basic things like name, address, telephone number, social security number, and driver’s license number. Other details like employment information, social media usernames and passwords, and bank account passwords are also pieces of personal identifying information which may be used during the commission of identity theft. Documents like driver’s licenses, identification cards, birth certificates, and death certificates may also be used to commit identity theft.

The State of Kansas defines the crime of identity theft as the act of obtaining, possessing, transferring, using, selling, or buying another person’s identifying information for the purpose of either using that information to defraud someone else or for the purpose of misrepresenting or impersonating someone, causing them to suffer bodily or economic harm. In Kansas, identity theft also includes activities like making and selling fake IDs, or obtaining copies of vital records by supplying false information.

In Kansas, identity theft is a felony and penalties are determined by a grid system. The factors which affect where an individual’s actions will register on the felony grid include how much financial damage the victim suffered as a result of the identity theft, as well as whether the offender has had any prior convictions of any kind. In addition to the penalties on the felony grid, individuals who are convicted of identity theft may be required to pay restitution for the harm that they caused, as well as any costs that the victim had to incur in order to fix their credit history and pay their attorney.

An important part of Kansas’s identity theft law is that it may not be used to prosecute anyone who is under the age of twenty one. This means that some fairly common situations, such as using someone else’s ID to buy alcohol or tobacco, will not result in felony prosecution under the identity theft law. It does not mean that the act of lending an underage person your ID or using someone else’s ID to buy alcohol will go unpunished. Anyone who is under the age of twenty one who provides false identification in order to obtain alcohol, or who lets a minor borrow their ID so that they may obtain alcohol,  may be charged with a class B misdemeanor. The penalty for a first offense of this nature is a fine of $200 to $250 and at least one hundred hours of community service.

If you have been accused of identity theft, you owe it to yourself to seek the aid of a knowledgeable Kansas criminal defense attorney. A skilled Kansas Criminal Defense Attorney is your best ally for avoiding conviction whenever possible, and for minimizing the impact of a conviction on your life if conviction cannot be avoided. To learn more about how a Kansas criminal defense attorney can help you, please call the Wichita office of Cummings & Cummings, LLC today at (316) 264-1548.

 

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Kansas Criminal Defense Attorney Explains Sex Offender Registration

Monday, February 10th, 2014

If you have been accused of a crime of a sexual nature, you may be concerned about the potential consequences of having to register as a sex offender if you are convicted. This is only natural, because the details of a person’s intimate life are often something which most people prefer to keep private. Also, even though not all sex offenders are alike, being registered as a sex offender carries with it a sort of stigma that you do not want to experience. If you are convicted and you are ordered to register as a sex offender, here are a few of the things that you can expect:

Initially, you will have approximately three business days following your conviction to register. Also, you must obtain a new driver’s license or state identification card. Your new license or identification card will indicate that you are a registered offender.

Registering as a sex offender is not a one-time event. If you must register, you will have to report four times a year, with the months in which you must report being determined by the month in which your birthday falls. Also, changes in your residence, employment, or education, whether they are changes in location or changes in status, require you to register those changes within three days of their occurrence. If you do not have a residence, you are considered a transient individual, and you must report every thirty days.

If you are concerned about how long the registration and reporting requirements will last, your requirement will depend upon your age and the type of offense of which you have been convicted.  Adults may be required to register for fifteen years, twenty five years, or for life, depending upon the offense. If a registered adult is convicted of a second or subsequent offense that requires registration, they will then have to register for the rest of their life.

Different rules apply for juveniles, and the requirements depend upon the age of the offender and the offense which was committed. If someone who is under fourteen years of age has committed a sexually violent crime, they must register until the latest of three possible dates – their eighteenth birthday, five years from the date of their conviction, or five years from their release from confinement. For juveniles over the age of fourteen, the same requirements apply, unless the offense that they are convicted of is an off-grid felony or level one felony. Juveniles who are over the age of fourteen who have been convicted of a sexually violent off-grid or level one felony must require for life.

Fortunately, registering as a sex offender in Kansas in and of itself does not cause you to be restricted in regards to where you live, attend school, or work, or who you associate with. If it is appropriate that restrictions involving any of those things be imposed upon you, they would be imposed as conditions of your probation.

If you have been accused of a crime for which you would have to register as a sex offender if you are convicted, it is important that you pursue your criminal defense with the aid of an experienced and dedicated Kansas criminal defense attorney on your side. A Kansas Sex Crime Defense Attorney can be your best defense against conviction, and your best ally for minimizing the impact of any conviction on your life. To learn more about how a Kansas criminal defense attorney can help you to obtain the settlement that you deserve, please call the Wichita office of Cummings & Cummings, L.L.C. today at (316) 264-1548.

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Do You Need an Attorney to Defend You Against Your Misdemeanor Charges?

Sunday, January 26th, 2014

If you have been charged with a misdemeanor, you may not be thinking about retaining a criminal defense attorney to defend you against the charges. You may feel like you can represent yourself, and that it is no big deal. After all, it’s only a misdemeanor, right? If these thoughts seem familiar, here are some reasons why you may want to reconsider and seek counsel from an experienced criminal defense attorney.

One reason that it is important to seek legal counsel after you have been charged with a misdemeanor is that a misdemeanor is a crime. People who are convicted of committing crimes are punished, and the punishments for some misdemeanors may be more severe than you think. What’s more, in addition to the fines and/or jail time that you may have to deal with right now, a misdemeanor conviction could have lasting effects on your life, potentially impacting your ability to get a job or find housing, among other things.

Another way that a Kansas criminal defense attorney can help you in regards to your misdemeanor charges is making sure that you understand all of your rights. There are rules that police, investigators, prosecutors, and others involved in your case must follow. If they have made a mistake and have not followed the applicable rules and procedures, your rights may have been violated. Your attorney will not only help you understand your rights as a defendant, they will do their best to ensure that those rights are protected.

People who are charged with misdemeanors are often presented with options like probation or diversion. While probation may seem like a good idea when it is presented to you, it is essential that you fully understand the terms and conditions of what you are agreeing to. Often, probation agreements contain lengthy lists of requirements that take a great deal of time, effort, and money to comply with. Because of this, it is not uncommon for people to violate their probation and end up in a worse position than they would have been in had they chosen a different option. An experienced Kansas criminal defense attorney can help you to decide whether probation is the best option for you, based upon your unique needs. If probation is, in fact, the best option, your attorney can help you to negotiate the terms of your probation so that you will have a good chance of completing all of the requirements successfully.

One more reason why you should seek legal representation in your misdemeanor case is that your criminal defense attorney may be able to help you to get your charges or your conviction off of your record. Expunction of misdemeanor charges and convictions from your record can happen when a specific set of conditions exists. When charges or convictions are expunged, you will be able to have more privacy regarding your record. Your attorney knows which situations qualify for expunction, and if it is available in your case, they can help you to obtain it.

Facing misdemeanor charges on your own is risky, and the present and future effects on your life could be burdensome. If you are facing misdemeanor charges, you can take action to minimize both the short and long term consequences of those charges and any conviction that may result from them. When you retain a seasoned Kansas criminal defense attorney, you give yourself the best chance at obtaining the best possible outcome in your case. To learn more about how an experienced Kansas criminal defense attorney could help you, call our Wichita office today at (316) 264-1548.

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Why You Need a Kansas Criminal Defense Attorney before Criminal Charges Are Filed

Friday, May 10th, 2013

When people are arrested for the first time or otherwise lack experience with the criminal justice system, there is a natural tendency to want to cooperate in the hope that your candor and helpfulness will merit approval from police so that you can obtain your release.  This same urge to make the case go away rather than escalate the encounter can lead one to delay requesting a Kansas criminal defense attorney because a suspect is afraid that it will be perceived as being confrontational or an indication of consciousness of guilt.  The reality is that the earlier that refusing to answer questions until you have a criminal defense lawyer present will result in a much better chance you will go home quickly and avoid a criminal conviction.

When a Sedgewick County criminal defense attorney is retained early in the investigation process, the scope of the investigation can frequently be limited or influenced.  Kansas criminal defense attorney Bill Cummings may object to an area of inquiry or specific questions during interrogations or otherwise prevent the Constitutional rights of his clients from being violated by objecting to police taking a blood sample without sufficient legal basis.  We may even challenge the legality of a search warrant or seek exclusion of evidence after a search has been conducted in violation of the Fourth Amendment protection against unreasonable search and seizures.  There are many ways that a suspect may compromise his or her rights inadvertently without legal representation, such as consenting to a search, agreeing to provide DNA samples or making incriminating statements.  Mr. Cummings diligently defends the rights of his clients so that his clients do not assist the prosecution and law enforcement in building their case against the accused.

In addition to influencing the direction of an investigation, an experienced criminal defense attorney in Kansas also may affect the prosecutor’s charging decisions.  Prosecutors often overcharge a case to put pressure on a defendant to plead the case out quickly and avoid exposure to a long prison term.  A knowledgeable criminal defense lawyer will expose weaknesses in the prosecutor’s case during this investigatory phase and expose improper police conduct that may justify exclusion of critical evidence.  In some cases, the prosecutor may be persuaded not to file formal charges and to offer diversion or probation.  If this result is unrealistic even with early pre-charge intervention, the evidence discovered and arguments provided by a Kansas criminal defense law firm may still result in less serious charges or fewer charges being filed by the prosecutor.

While many assume that cooperation, candor and honesty is the best way to stay out of trouble, this natural instinct is simply not the best approach when you are faced with the ominous power of the state or federal government.  The most effective way to protect your freedom and future is to assert those rights guaranteed to you by the U.S. Constitution and other federal and Kansas laws.  One of the most powerful of these rights is the right to have legal counsel present during any questioning by law enforcement so suspects are well advised to take advantage of this right as soon as they are under a cloud of suspicion.

If you have been arrested for a crime in Kansas or you are merely under investigation, experienced Sedgwick County criminal defense attorney Bill Cummings provides diligent defense to protect his clients from the harsh penalties of a misdemeanor or felony conviction.  We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can help.

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Supreme Court Case to Consider Warrantless DNA Testing of Arrestees

Wednesday, February 6th, 2013

Anyone who watches crime show dramas on televisions has some awareness of the fundamental role that DNA evidence plays in a wide range of criminal cases including rape, murder and other violent crimes.  Despite the widespread use of DNA evidence, many privacy advocates, criminal defense attorneys and Constitutional scholars have voiced concern about the lack of standardized procedures, court supervision and restraints on abuse regarding the collection and use of DNA evidence.  In many respects, the law has failed to keep up with science so that those arrested for criminal offenses face the Wild West when it comes to proper use of DNA evidence.  The Supreme Court this week will consider when a DNA sample may be taken from a suspect who is merely subject to arrest to broadly search for other unsolved criminal offenses.

In Maryland vs. King, the U.S. Supreme Court will consider whether police may forcibly take a DNA sample without a warrant from a suspect who has been arrested.  The defendant in this case Alonzo J. King, Jr. was arrested in Maryland for felony assault after threatening a group of people with a shotgun.  King agreed to plead to a misdemeanor that would have ended the matter except the police used a cotton swap to take a DNA sample from inside King’s cheek following his arrest.  King’s DNA was run through Maryland DNA database and FBI’s national database.  King’s DNA matched that from an unsolved sexual assault for which King was subsequently convicted and sentenced to life imprisonment.

Current law permits law enforcement to forcibly take a DNA sample once a person has been convicted of a felony but King’s was merely under arrest at the time his DNA was taken.  Courts have upheld taking samples from felons based on the rationale that felons surrender certain rights.  However, authorization of the actions taken by the police in the King case go much further because it involves permitting police to use probable cause for arrest on one crime to use DNA to search extensively for evidence of past and future crimes where there is no basis of individualized suspicion.

More than half of the states and the federal government have enacted laws that permit taking DNA from those arrested for a crime so the King decision will have a widespread impact.  All states have joined Maryland in requesting the Supreme Court approve the procedure.  The rationale offered by the states is that a bigger DNA database means more criminal arrests.  However, there are already ten million DNA offender profiles so the size of the DNA database from arrestees is not the growth that is needed.  While police routinely gather physical evidence at rape and homicide scenes, no physical evidence is collected in eighty percent of serious offenses including aggravated assault, burglary and robbery.  Although California allows DNA testing of arrestees, this has not resulted in more DNA matches than states that do not permit such a practice.

Critics of DNA testing of arrestees also argue that testing all arrestees slows down DNA testing in cases where DNA evidence is available.  Because there are twelve million people arrested annually, the practice of testing every arrestee means that rape kits may go untested for months or years because of DNA testing backlogs.  This also means that there may be additional victims during the interim period before the sample from the rape kit can be tested.

Our experienced Kansas criminal defense attorneys hope the Supreme Court uses this opportunity to put reasonable limits on DNA testing of those who are only suspected of a crime.  Authorization of warrantless DNA samples to implicate arrestees in other crimes for which there is no individualized suspicion would be another blow to our Fourth Amendment protections against unreasonable search and seizure.

If you are arrested for a crime in Kansas, it is important to seek legal advice as soon as possible.  Arrestees should also assert their right to counsel and to remain silent.  Our criminal defense attorneys at Cummings and Cummings have helped many people in Sedgwick County and south-central Kansas charged with serious criminal offenses.  We have over 30 years of combined litigation experience so contact us today at 316-264-1548 to learn about your rights and options.

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The Best Defense When Facing Arrest: Shut Up!

Monday, June 27th, 2011

While it is difficult to quantify the exact number of those arrested for Kansas criminal offenses that either made the case for the prosecutor or at the very least provided critical evidence, there is no denying that the number of cases is substantial.  Most people who are arrested provide damaging incriminating statements or lie creating a whole slew of other problems.  While the typical citizen in Kansas understands that they have certain protections that are included in a Miranda warning including the right against self-incrimination (right to remain silent) and right to counsel, many people are so shaken during an arrest or interrogation they attempt to talk their way out of the situation.

If you make incriminating statements once you are “in custody” (i.e. no longer free to leave), the incriminating statements and evidence obtained based on those statements, such as revealing the location of critical evidence, may be subject to the exclusionary rule which allows evidence obtained illegally to be excluded from being used as evidence against you.  An experienced Kansas criminal defense lawyer will carefully examine the facts of your case to determine if your Miranda rights were violated.  A violation may including any of the following:

  • Failure to give a Miranda warning
  • Continuing to question a citizen despite the accused asserting his or her right to counsel
  • Ignoring a citizen’s indication that he wishes to remain silent

If your Kansas criminal defense attorney believes that their has been a Miranda violation, the attorney may file for a suppression hearing to have any incriminating statements and evidence obtained from those statements suppressed so that the evidence cannot be used against you.  Our experienced Kansas criminal defense attorneys frequently file motions to suppress incriminating evidence or statements based on Miranda violations.  A successful motion may so compromise the prosecutor’s case that the prosecutor agrees to dismiss or substantially reduce the charges.

However, the Supreme Court has recently limited the protections of Miranda so it is critical that you clearly articulate your desire to exercise both rights.  You should not discuss your case with anyone and should clearly indicate that you are invoking your right to remain silent and do not want to answer any questions until you have obtained an attorney who can be present during any questioning.  The police may try to persuade you to sign a waiver or verbally agree to waive these rights.  They may even suggest that it will result in less punishment or that you may be able to go home.  This is absolutely false; it will never help you to speak to the police.  You should invoke your rights and shut up!

A common mistake many people make when arrested is to lie to the police.  This rarely goes well and eventually ends up creating more problems.  It is very difficult to lie effectively during a police interrogation so the result is usually simply conflicting contradictory statements or statements that are clearly not supported by the evidence.  These contradictions will typically be used at trial if you did not invoke your Miranda rights.  These statements may be used in a variety of ways.  They may provide evidence that you committed the crime, point the police to other damaging evidence, suggest that you are dishonest and not truthful at trial or simply make you look less sympathetic to the jury.

An additional problem posed by lying is that this can in some situations be an independent basis for criminal liability.  Depending on the law enforcement agency and surrounding circumstances, it may be easier to prosecute you for lying during an investigation than to convict you of the underlying offense.  A good example of this scenario in the media is Barry Bonds perjury case.  Bonds is not facing charges for using steroids but for lying to Congress about whether he used steroids.

The bottom line is that the protections of Miranda are a very powerful tool.  It can sometime be difficult to determine the precise moment that Miranda protections begin because you must be “in custody” before the officers are required to give a Miranda warning.  While a formal arrest will often denote the moment a person is in custody, the exact moment may occur earlier if you were not free to leave.  You may even ask if you are free to leave.  If you are free to leave, then do so.  If not, you should immediately remain silent and invoke your right to speak to an attorney.  At Cummings and Cummings, LLC, we represent those charged with all types of crimes including DUI, misdemeanors and felonies.  We have over 30 years of collective experience defending citizens from Wichita and throughout south-central Kansas.  When your freedom and reputation hang in the balance, Cummings and Cummings will fight for your future.  Call us today at (316) 264-1548!

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Silence is Golden: Key to an Effective Criminal Defense Strategy in Wichita Kansas

Friday, March 18th, 2011

While people do not plan on being arrested and facing criminal charges, many good people find themselves in this situation.  Any encounter with the legal system can be intimidating but one that can result in a loss of your liberty and permanent damage to your reputation is even more worrisome.  The jails are full of people who made the mistake of assuming that the best thing they could do was cooperate with the police to try and “clear things up”.   When that did not work out, many of those who employed this failed strategy simply accepted the first plea offer presented by their public defender.  It is important to know that an arrest is simply an accusation, which may be based on false or flimsy evidence or motivated by political pressure to make an arrest.  An experienced Wichita criminal defense attorney will carefully investigate the factual evidence that underlies the charges against you, review the District Attorney’s discovery packet which includes key documents and evidence against you and interview potential witnesses.  Based on these efforts, an experienced criminal defense attorney will develop an effective strategy for defending you from the pending charges and seeking a reduction or dismissal of the charges against you.

Many people when arrested limit or damage their potential defense strategy by volunteering a version of events that they believe is helpful.  These spontaneous explanations are almost never helpful to developing an effective defense strategy and may limit the available defenses available to your Wichita criminal defense attorney.  If you find yourself in a police station under interrogation from police officers, it is easy to be confused as you are under extreme stress and often hostile questioning.  Even if you do not intend to share incriminating facts, you may share information that is damaging to your case.  The stress and confusion of the situation may also mean that you make mistakes on details or specific facts that later are used to show the inconsistency of your version of events.  The key is that your attorney’s defense strategy must explain the existing evidence in a consistent way so what you tell the police may make it more difficult to develop an explanation of the facts that establish a reasonable doubt regarding your guilt.  Your attorney will also try to make you sympathetic to the jury, but if you provide inconsistent versions of the facts, this can make you less sympathetic.

The key to keep in mind is that in developing a defense strategy, your criminal defense attorney will develop a version of the truth that is most favorable to you and creates a sympathetic picture of you with the jury.  This is sometimes called the attorney’s “theory of the case.”  There are different ways to interpret the same set of facts, and it is better to let an experienced criminal defense attorney develop this story, than for you to do so during police questioning.  Your Kansas criminal defense attorney will have access to all of the evidence against you when developing your theory of the case.  Because you do not have the benefit of knowing what evidence the prosecutor or police possess, it is easy to provide information that is inconsistent with the evidence or that is damaging given the other evidence against you.

The bottom line is that an experienced criminal defense attorney in Kansas will have the background and experience of handling hundreds perhaps thousands of cases.  This means that your attorney will have the skill and expertise to develop a theory of the case that gives you the best chance of obtaining an acquittal or dismissal of charges.  If you find your self arrested and asked to answer questions, you should politely indicate that you do not wish to discuss the matter until you have an attorney present.

Contact a skilled Wichita, Kansas, DUI lawyer at Cummings & Cummings to determine what legal options are available in your situation and to begin planning your most effective defense. Call 316-264-1548 for a Free initial consultation.

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The Wichita, Kansas, law firm of Cummings & Cummings, LLC provides experienced and aggressive legal representation in criminal defense and personal injury cases. We serve the south-central Kansas region including cities such as Augusta, El Dorado, Derby, Mulvane, Newton, Andover, Salina, Kansas City, Cheney, Kingman, Wellington, Winfield, and Eureka.

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Wichita Defense Attorney Discusses Court Permits Evidence Obtained in Warrantless Search by TSA Screener

Tuesday, March 8th, 2011

Many people who must regularly engage in air travel find themselves frustrated and annoyed by the delays and inconvenience associated with the activities of TSA screeners.  A new federal appellate court decision by a Florida court may give those traveling for work or pleasure new reasons to be concerned about the conduct of TSA screeners.  The decision upheld the admission of child pornography found in the suitcase of a traveler that was discovered during a random search of the defendant‘s suitcases.  This fundamental invasion of the traveler’s privacy constitutes a further infringement on the Fourth Amendment protection of a traveler’s unreasonable search and seizures.  This decision conflicts with two prior decisions that excluded evidence obtained in similar searches by TSA agents.  All citizens are protected from unreasonable search and seizures by law enforcement officers by the Fourth Amendment of the U.S. Constitution.  However, the judge in this new case found that the TSA screener was not engaged in “general law enforcement objectives.”

The citizen was planning to take a flight when a TSA employee performed a random physical search of the traveler’s suitcase looking for travel hazards that might be used for terrorist activity. The agent allegedly discovered images of child pornography while looking for weapons or explosives.  The TSA agent notified local police of the screener‘s discovery which led to police obtaining a search warrant for the man‘s computer and other electronic devices in his luggage.  The man moved to have the images suppressed claiming that they were discovered in a way that violated his Fourth Amendment protection against illegal search and seizure.  The defendant’s motion to suppress the evidence was denied.

The appellate court distinguished the earlier cases indicating that in those cases the TSA screeners were no longer searching for weapons or explosives.  It would seem that given the reasoning of this decision that a court may admit ANY evidence discovered during a TSA search as long as the TSA agent simply purports to be searching for weapons or explosives.  While the Supreme Court may have to resolve the conflicting rulings on this issue, anyone boarding an airplane would be well advised not to put anything in their suitcase that they would prefer the police not find.  If you are subject to a search, an experienced Wichita criminal defense attorney may be able to challenge the legal basis for the search or the scope and manner of the search.  If the court finds that the search violated your Fourth Amendment protection from unreasonable search and seizures, your Wichita criminal defense attorney may file a motion to have the evidence suppressed and seek to have your charges dismissed.

Contact a skilled Wichita, Kansas, airport criminal defense attorney at Cummings & Cummings to determine what legal options are available in your situation and to begin planning your most effective defense. Call 316-264-1548 for a Free initial consultation.

Free Consultations | Evening & Weekend Appointments Available | Visa & MasterCard Accepted

The Wichita, Kansas, law firm of Cummings & Cummings, LLC provides experienced and aggressive legal representation in criminal defense and personal injury cases. We serve the south-central Kansas region including cities such as Augusta, El Dorado, Derby, Mulvane, Newton, Andover, Salina, Kansas City, Cheney, Kingman, Wellington, Winfield, and Eureka.

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