Archive for November, 2010

Does a Spouse Have To Testify In Kansas Domestic Violence or Battery Trials?

Sunday, November 28th, 2010

Concerning domestic battery, there is a general rule that a spouse does not have to testify against their spouse.  However, if a wife is accusing the husband of hitting her, there’s an exception in a Kansas statute that if a spouse is a victim, they do have to testify against the other spouse.  What a victim can do is they can file with the state prosecutor asking them to drop the charges.  This is called declining prosecution.  A common misconception is that the state has to drop the charges. That is not the case because it is an offense against the state, not against a person.

A lot people will say, “I don’t want to press charges, they need to drop them.”   This is simply not the way it works. The county attorney’s office or the district attorney’s office that are handling a case are the ones who decide whether a case goes forwards or gets dismissed.   It is not the victim’s decision, it’s the state’s.

Call us today to speak with our Southwest Kansas domestic battery lawyers about your case.

Is Disorderly Conduct a Class C Misdemeanor in Kansas?

Saturday, November 27th, 2010

There is also a disorderly conduct charge which is an unclassified or Class C-misdemeanor and may be punishable by up to 30 days in jail if found guilty of the disorderly conduct charges.  A criminal record will be noted on your record as well which can affect your ability to obtain certain jobs.

Is Battery a Class B Misdemeanor in Kansas?

Thursday, November 25th, 2010

The charge of Battery is a Class B misdemeanor and is punishable by up to a 180 days in jail in most cases.

Is Assault a Class C Misdemeanor in Kansas?

Wednesday, November 24th, 2010

Yes, Assault is a Class C person misdemeanor, where someone would be facing up to 30 days in jail found guilty.

How Does Alcohol Factor in Assault or Domestic Battery Cases in Kansas?

Tuesday, November 23rd, 2010

A lot of times with batteries, assaults or domestic batteries charges, alcohol tends to be involved.  Alcohol is involved for a number of reasons such as people dealing with enormous levels of stress with normal everyday activities or they are having marital problems.  Alcohol is widely used as a way to attempt to escape from those problems or stresses. The feelings of stress or anger coupled with alcohol commonly results in someone doing something out of character that leads to them being arrested.

If you or a loved one has been arrested, call our law firm for a free consultation with a Southwest Kansas defense attorney.

What Happens During A Domestic Violence or Battery Police Call?

Monday, November 22nd, 2010

Domestic battery often occurs when a husband and a wife get into a heated argument, the neighbor calls law enforcement, and the police visit the home of the married couple..  A domestic battery case is kind of interesting because the law basically states that if law enforcement feels like a domestic battery has taking place, they are then required arrest somebody.  To sum it up, if someone calls the police and reports domestic battery, somebody’s going to jail.

There also is a forty-eight hour hold in that situation.   That is just the way the law’s written and the reason behind that is to try to help protect the alleged victim and anybody else that could be in the house, including children.   It is basically designed to be a cool-down period.  There is a cool-down period for domestic battery to make sure that somebody does not turn around and do something more serious.

If you have been charged with domestic violence in Southwest Kansas, call our law firm to speak with a Southwest Kansas domestic violence attorney for free.

What Types Of Kansas Criminal Defense Cases Does Your Law Firm Handle?

Saturday, November 20th, 2010

Our Southwest Kansas criminal defense lawyers handle the whole spectrum of criminal defense type cases including assault, battery, drug charges, DUI, and property damage. We offer a free consultation by calling (620) 624-8158.

What Are Some of the Reasons People Hired Your Law Firm?

Wednesday, November 17th, 2010

I get a lot of people who say that they were really appreciative of our correspondence with them. I have a policy where I try to call people back within 24 hours. Now sometimes obviously that doesn’t happen because I’m in court or I’m away for the day, but that’s my policy. I always try to get back to people within that 24 hours and I think that clients appreciate that.

We wait on people and I think that maybe that more down to earth mentality our firm has is appealing to people. Maybe it’s because we’re a smaller firm and because we take the time and the energy to explain things to our clients. We let them know, “Hey, this is what we do. This is what we’re willing to do for you”. I always say to my clients or my potential clients, “Hey, here’s what we think of your case. This is just my professional opinion. You don’t have to hire me, you are free to talk to other attorneys and see which one you like the best. You really need to pick an attorney that you can trust, and that you feel can do a good job for you”. I think the relationship building process starts there.

We try to let our clients and potential clients know that we’re not all money hungry attorneys that are just out for ourselves. We want them to know that they can hire anybody that you want to hire. The one thing I always tell people is make sure that you have faith in whoever you. Have faith in that person that they’re going to do a good job for you. Because once you hire them, once you sign an agreement to employ them, you’re pretty much stuck with them. You’re not always stuck with them, but they’re going to be attached to you for a little bit. They’re going to have some kind of an interest in your case depending on what type of case it is. For example, for an accident injury, they at the very least are going to be entitled to get compensation for whatever time they’ve spent on it. For example, in a criminal defense case where an attorney charges them 200 dollars an hour and they put in six hours of work. If you decide you’re not happy with the attorney anymore and fire them you’re stuck with a $1,200 bill and there’s nothing you can do about it. It’s really important to find an attorney that you can trust and get along with. If you don’t get a good feel for the attorney when you’re doing your consultation, by all means don’t hire that person. Don’t ever feel like you’re obligated to hire them just because you took fifteen or twenty minutes of that attorneys’ time.

When someone has hired us, the reason they did trust us is we took the time to get to know them personally. Every case is different, and every person is different. Every case has special factors; special things that need to be taken care of. Every person has particular fears and particular issues with the case. People and the issues is important right from the start. This is especially true in auto accidents and injuries. If the attorney dose not asks the right questions in initial consultation they are not going to be able to effectively advise the potential client. The attorney will not be able to give the client an idea of what they’re looking at unless they get all the necessary information. The simplest example is the statute of limitations. If the attorney fails to ask the client when the accident happened, take the case and then finds out later that the statute of limitations has run on it, there is now an unfortunate problem.

There’s nothing worse than having to tell that a client they you cannot help them. Especially when they have got their hopes up and they think that they maybe have a case and then you have to call them and tell them they don’t have one. Therefore I’m really careful when I’m doing a consultation. There are things that I don’t know the answer to. I will often tell a client in our initial consultation, “I don’t know what your case is worth. I don’t know if I can do this for you in the criminal defense arena. But what I can do is, I can do my case law research or I can talk to the prosecutor and get an idea and then let you know”. The one thing we’ll never do is promise anything. We don’t have that ability to make promises and to follow through with those promises as when it concerns the outcome of a case. The only promise that I give people is that I will do the best job that I can possibly do for them. Other than that, the rest is up to the courts or jury or a judge to decide.

What is The Statute of Limitation on an Action Involving a Car Accident in Kansas

Monday, November 15th, 2010

The statute of limitations is two years for a negligence action and one year for a personal tort action. Usually that’s from the date of the accident or the date of the occurrence which gives rise to the action. For example, if somebody comes up and slugs you, you’ve got one year from the date that he hit you to file a tort action.

Why People Need to Change Their Mentality Against Filing a Lawsuit in Kansas?

Friday, November 5th, 2010

People need to really lose the mentality about “I’m not a sue happy person”. A lot of cases can be taken care of without actually suing. It can be done through obtaining all the necessary documents such as medical documentation. It might also be necessary to obtain documentation on the client, including work, where they work at, and what amount of monies they make. People need to understand the reason for have insurance. It is designed so that you can get at least some kind of compensation for an injury that occurs. People really need to lose that mentality because it, in essence, waives their ability to have any kind of opportunity to be made whole from the accident that occurs.

So people really need at least go talk to an attorney, at least look and see what their options are. Just talking to an attorney doesn’t mean that a lawsuit has to be filed. On the contrary, meeting with an attorney is only letting the person know what these options are. An attorney can’t do anything without their client’s approval. They can’t file a suit or even contact the insurance company. Everything has to be okay with the client. So really since everything’s a free consultation, in accidents and injuries, you’re really not out of anything other than fifteen or twenty minutes of your time. This meeting will get you more informed and it at least lay out your options.