Wednesday, July 29, 2015

Felony Drug Trafficking Charges in Geary County, Kansas

Since the legalization of Marijuana in Colorado there has been a significant increase in the amount of Marijuana that is being trafficked through Kansas.  Interstate 70 (I-70) is a ready means of access out of Denver, Colorado to most locations to the East.  This means that along the I-70 corridor law enforcement is on the lookout for out of state tags heading east.  This is especially true in Geary County, Kansas.   Junction City serves as the county seat for Geary County and the Geary County District Court.   So often a minor traffic infraction along this stretch of Kansas highway has resulted in the subsequent search and seizure of drugs and/or drug proceeds. 

Getting caught trafficking drugs through Kansas will almost always result in being charged with a drug felony.  The severity of the felony could range from low, like a level five felony for simple possession, to high, like a level one felony for possessing more than 30 kilograms.   These felony drug charges can carry a sever penalty as high as 204 months in prison if you have an extensive criminal history.  Often these charges also come with a forfeiture action wherein the State will try to seize any property that you have, including vehicles that may have been used during the transport of the illegal drugs.  This is a major hassle that compounds the problem of your Geary County felony criminal charges. 

When being charged with a serious drug felony,  it is recommended you contact an experienced criminal defense attorney in the area who is familiar with the jurisdiction.  

Monday, July 27, 2015

Felony Criminal Defense Attorney, Manhattan Kansas

In the arena of criminal defense representation in Kansas there are really two subsets of charges that a person can face.  A Misdemeanor charge and a Felony charge.  Felonies are much more serious than Misdemeanors and almost always carry a more severe penalty.  The level of your charge also may dictate what court you will be required to appear in.  The local Municipal court will likely have authority to handle most misdemeanor cases so long as the alleged crime occurred within the city limits.  If in Junction City City limits, then the Municipal Court of Junction City may have jurisdiction.  Same goes for Manhattan City limits and the Manhattan Municipal Court.

Felony charges, no matter where they occurred within the county, will always occur at the County District Court.  This is because the seriousness of the charge means it must be heard by a judge of the State of Kansas.  As someone charged with a Felony in Kansas, you are also entitled to an extra hearing on the matter. That hearing is called a preliminary hearing.

A preliminary hearing is a "probable cause" hearing wherein the state only need put on a little bit of evidence to prove that there is probable cause that a felony was committed and the defendant was the one that committed it.  Because it is only a probable cause standard most preliminary hearings are not won but are rather used to flush out details in the State's case or pin down the witnesses who will be testifying at trial.

For representation by an experience attorney for a felony in Manhattan, Kansas or Junction City, Kansas contact a knowledgeable criminal defense attorney in the area.

Tuesday, July 7, 2015

DUI Expungements, Kansas

Clearing your first time DUI record in the State of Kansas just got a little easier as of July 1, 2015.  That is the case, at least, for first time DUI offenders.   The Kansas Legislature, though embarrassingly ineffective this last term, did manage to ease the burden for those individuals who have received a Driving Under the Influence charge for the first time in Kansas by reducing the expungement waiting period for those DUI convictions.

Expungement is a way to clear your record for most purposes.  There is a waiting period that varies depending on the severity of the crime. For the past few years the period for expunging a DUI was 10 years, no questions asked.  As of July 1, 2015, the waiting period was reduced by 5 years for first time DUIs.  This means that five years from the date you were released from your diversion, probation, or parole for a first time DUI, you are now eligible for an expungement.  So where the waiting period for a DUI expungement was 10 years just days ago, it is now 5 years. This means any DUI first time offender who was released from their DUI diversion, probation, or parole before July 2010, they are eligible immediately to petition for their DUI charge and arrest to be expunged.

To get started on expunging your DUI or to expunge any other criminal charge in the State of Kansas call an expungement attorney in the Manhattan, Kansas area. We can serve all parts of Kansas.