Monday, December 31, 2012
New Years Eve DUI Checkpoints
No DUI checkpoints are scheduled for Riley County for New Years Eve tonight, however, it's very likely the RCPD will be doing saturation patrols around the Manhattan, KS area. Be careful out there and don't drink and drive. If you need a ride please call one of the many taxi services in the area.
Wednesday, December 5, 2012
Manhattan, KS Expungements
In Manhattan, KS, there are two court's of law where you may have old convictions: 1. The Riley County District Court, and; 2. The Manhattan Municipal Court. While the differences between the courts are important if you are attempting to get an expungement of old convictions in either court, the requirements will be very similar.
Depending on the conviction you must wait either 3 or 5 years from the "final disposition" of your case in order to successfully get an expungement in Manhattan, KS. Most felonies require 5 years, while lesser crimes only take 3 years.
It's important to note, however, that you must have a clean record between the final disposition of your case and requesting an expungement. This is because as part of your expungement request you will have to submit and affidavit (which is a document that you sign and swear to it's truthfulness) that states you have not been in trouble for x number of years. This affidavit will also have to include things such as your current job, place of residence, and other contact information.
Once submitted, a motion for expungement may still require a hearing. During this hearing, a Judge might ask you questions about where your living and your job status, among other things and the County or City Prosecutor might even try to cross examine you.
If you have an old Manhattan, KS criminal conviction that is holding you back from applying for jobs or seeking other employment, contact a lawyer in Manhattan, KS that can help you get an expungement of these old charges so you can move on with your life.
Depending on the conviction you must wait either 3 or 5 years from the "final disposition" of your case in order to successfully get an expungement in Manhattan, KS. Most felonies require 5 years, while lesser crimes only take 3 years.
It's important to note, however, that you must have a clean record between the final disposition of your case and requesting an expungement. This is because as part of your expungement request you will have to submit and affidavit (which is a document that you sign and swear to it's truthfulness) that states you have not been in trouble for x number of years. This affidavit will also have to include things such as your current job, place of residence, and other contact information.
Once submitted, a motion for expungement may still require a hearing. During this hearing, a Judge might ask you questions about where your living and your job status, among other things and the County or City Prosecutor might even try to cross examine you.
If you have an old Manhattan, KS criminal conviction that is holding you back from applying for jobs or seeking other employment, contact a lawyer in Manhattan, KS that can help you get an expungement of these old charges so you can move on with your life.
Tuesday, November 20, 2012
Another Accident on K-18 near Manhattan, KS
Yet another accident on K-18 leaves a person injured. This is at least the fourth injury accident along this stretch of highway since construction began. Clearly something more then driver negligence is the cause of these accidents. The signs point to the construction detour being unnecessarily dangerous and is putting all drivers, careful or not, in needless danger of personal injury.
If you've been in an accident on K-18 be sure to contact a car accident attorney in Manhattan, KS for a free evaluation.
If you've been in an accident on K-18 be sure to contact a car accident attorney in Manhattan, KS for a free evaluation.
Friday, November 16, 2012
Important Information if You've Been in a Car Accident
When you are hurt in an auto accident, the first thing is to make sure you are getting the medical help you need. Priority number one is getting better and being healthy.
Your second priority should be to contact a lawyer. If you've been in a car accident in Manhattan, KS it's important to contact a local car accident lawyer who is familiar with the local court rules and procedures. Sometimes an insurance company will try to contact you and ask you questions about the accident. Do not answer their questions. In all likelihood these companies are going to be looking for someone to pin liability on. Even if you were not at fault it's best to instruct the insurance company that they should direct their questions to your attorney.
This bellies the importance of contacting an attorney soon after you've been hurt in an accident. Once you hire a car accident attorney, he or she will begin working for you to get the best possible outcome and "make you whole."
The term "make you whole" is underlying idea behind the personal injury lawsuit. When you have a major personal injury, for example, if you lost a limb, it's the lawyer's job to help asses how the loss of that limb will negatively effect your life. If you lose the ability to golf and you prior to the accident you loved to golf how do you quantify in terms of monetary value the loss of being able to play golf every Saturday?
Through the use of experts and medical professionals we try to get some idea of the loss which you suffered due to your unfortunate car accident. The civil suit then makes the effort of recouping in monetary value what you've lost.
If you've been in an accident and been injured it's important to contact a lawyer that can help you as sometimes certain time constraints in filing suit can prevent you from recovery. Contact a Manhattan, KS car accident attorney today to help you when you need it most.
Monday, November 5, 2012
Manhattan, KS Municipal Court Diversion
Before you go on Diversion in Manhattan, KS Municipal Court for something like possession of Marijuana, you should be fully aware of what you're signing on to. To start, possession of Marijuana is not always an offense where diversion is offered. Manhattan, KS Municipal Court is one of the places where diversion is an option. If your possession of Marijuana charge is in Manhattan, KS municipal court, lucky you, BUT be prepared to pay.
Just to get on diversion it will cost you at least $1,020.00. That's a lot of money. Second, you should be prepared to undergo a drug and alcohol evaluation and serve some community service.
Understanding that this is probably the minimum for diversion that you can expect, now we should consider the alternatives to diversion. These alternatives should be evaluated on a case-by-case basis and the professional advice of a Manhattan, KS attorney who practices regularly in Manhattan, KS Municipal Court can help you evaluate your options and make the choice that is right for you.
If you'd like a knowledgeable lawyer in Manhattan, KS to help you evaluate your case, please contact one here: www.manhattanksattorney.com
Just to get on diversion it will cost you at least $1,020.00. That's a lot of money. Second, you should be prepared to undergo a drug and alcohol evaluation and serve some community service.
Understanding that this is probably the minimum for diversion that you can expect, now we should consider the alternatives to diversion. These alternatives should be evaluated on a case-by-case basis and the professional advice of a Manhattan, KS attorney who practices regularly in Manhattan, KS Municipal Court can help you evaluate your options and make the choice that is right for you.
If you'd like a knowledgeable lawyer in Manhattan, KS to help you evaluate your case, please contact one here: www.manhattanksattorney.com
Friday, November 2, 2012
Car Accidents in Manhattan, KS
Car accidents will happen. In fact they're so common that almost everyone will either be in, or know someone who is in a car accident in their lifetime.
When you've been in a car accident that occurred due to another person's negligence, there are certain things you should do to protect your rights. If someone runs a stop light, crashes into you and causes you to go to the hospital, that is called a personal injury.
There are numerous kinds of personal injury that range in severity from simple bruising to traumatic brain injury or death. You can recover for these types of injuries especially when you've missed work or have suffered some level of disability as a result of the car accident.
When you're confronted with a vehicular accident that wasn't your fault and find yourself with a personal injury and mounting medical bills, it's important to contact a local Manhattan, KS car accident attorney that can help you get the compensation you deserve.
When you've been in a car accident that occurred due to another person's negligence, there are certain things you should do to protect your rights. If someone runs a stop light, crashes into you and causes you to go to the hospital, that is called a personal injury.
There are numerous kinds of personal injury that range in severity from simple bruising to traumatic brain injury or death. You can recover for these types of injuries especially when you've missed work or have suffered some level of disability as a result of the car accident.
When you're confronted with a vehicular accident that wasn't your fault and find yourself with a personal injury and mounting medical bills, it's important to contact a local Manhattan, KS car accident attorney that can help you get the compensation you deserve.
Wednesday, October 31, 2012
DUI Attorney, Manhattan, KS
While a lot of Manhattan, KS DUI attorney's claim to offer special or unique services for high prices, it's something of a misconception to believe you can't get great legal representation for your DUI from a more reasonably-priced Manhattan, KS law firm.
A Manhattan, KS DUI attorney that is reasonably priced offers the the more personal, one-on-one assistance to help you evaluate your options and getting the results that are important to you. With less overhead then a traditional law firm, our Manhattan, KS law office can offer you professional service that compares to other big law firms but with more personalized legal representation.
A Manhattan, KS DUI attorney that is reasonably priced offers the the more personal, one-on-one assistance to help you evaluate your options and getting the results that are important to you. With less overhead then a traditional law firm, our Manhattan, KS law office can offer you professional service that compares to other big law firms but with more personalized legal representation.
Friday, October 26, 2012
K-State Homecoming Parade 2012 Float
Come one come all, in a couple of hours the Manhattan, KS attorney will be driving a purple Ford Model A down the streets of Manhattan, KS for the K-State Homecoming parade. Come out to see us and waive as we drive by!
Tuesday, October 23, 2012
Getting a Diversion for Possession of Marijuana in Manhattan Municipal Court
Manhattan Municipal Court is one of those rather rare places in Kansas that the City Prosecutors offer a diversion for possession of Marijuana. That diversion, however, comes at a price.
Not less than $1,000 is the price of diversion for possession of marijuana. And if you're under 21, you will be required to take the ubiquitous Drug and Alcohol Evaluation, which could add to your expense.
Finally, between 0 and 100 hours of community service. Let me tell you, 20 hours is a lot of community service. 100 hours is almost unthinkable. That's a lot of time doing labor or work and not getting paid for it.
If you find yourself contemplating a diversion in Manhattan Municipal Court for Marijuana, you may want to contact a Manhattan, KS attorney to discuss your options.
Not less than $1,000 is the price of diversion for possession of marijuana. And if you're under 21, you will be required to take the ubiquitous Drug and Alcohol Evaluation, which could add to your expense.
Finally, between 0 and 100 hours of community service. Let me tell you, 20 hours is a lot of community service. 100 hours is almost unthinkable. That's a lot of time doing labor or work and not getting paid for it.
If you find yourself contemplating a diversion in Manhattan Municipal Court for Marijuana, you may want to contact a Manhattan, KS attorney to discuss your options.
Tuesday, October 9, 2012
Manhattan, KS Criminal Defense
A Manhattan, KS criminal defense attorney can help you if you've been arrested or charged with a crime or even a minor traffic infraction in Manhattan, KS or the surrounding communities. Possession of Marijuana and other illegal substances can land you jail time and major fines. On your second Marijuana offense, you're automatically charged with a felony.
Even more exasperating, if you're charged with possession more then enough Marijuana for "personal use" you may be charged with intent to distribute and no tax stamp. In order to get a tax stamp, you must go to the Kansas State Treasurer's office and obtain a tax stamp to affix to whatever "product" is in your possession. (If you're feeling a bit of outrage at this, you share my sentiment).
The important thing to remember is that when you have been arrested in Manhattan, KS call a Manhattan, KS attorney as soon as possible to discuss your case and preserve your rights.
Even more exasperating, if you're charged with possession more then enough Marijuana for "personal use" you may be charged with intent to distribute and no tax stamp. In order to get a tax stamp, you must go to the Kansas State Treasurer's office and obtain a tax stamp to affix to whatever "product" is in your possession. (If you're feeling a bit of outrage at this, you share my sentiment).
The important thing to remember is that when you have been arrested in Manhattan, KS call a Manhattan, KS attorney as soon as possible to discuss your case and preserve your rights.
Monday, October 1, 2012
Motorcycle Accident in Pottawatomie County
The ad campaign "look twice, save a life" is especially relevant after a motorcycle accident near Highway 24 in Pottawatomie County caused undisclosed injuries to a Manhattan resident. The man was life-flighted to Topeka.
Motorcycle accidents typically occur due to failure to see a motorcycle. Motorcycles are smaller and even in broad daylight, difficult to spot especially when one is not paying close attention. Tragically, the brunt of injuries are sustained by motorcyclists who have little protection in the form of seat belts or airbags.
Looking twice might have prevented this accident.
If you've been involved in a motorcycle accident, contact a Manhattan, KS personal injury attorney to help you get the compensation you deserve.
Motorcycle accidents typically occur due to failure to see a motorcycle. Motorcycles are smaller and even in broad daylight, difficult to spot especially when one is not paying close attention. Tragically, the brunt of injuries are sustained by motorcyclists who have little protection in the form of seat belts or airbags.
Looking twice might have prevented this accident.
If you've been involved in a motorcycle accident, contact a Manhattan, KS personal injury attorney to help you get the compensation you deserve.
Wednesday, September 26, 2012
Drug Possession Charges in Manhattan, KS
An unfortunate result of being a college town, Manhattan, KS has it's fair share of drug use and trafficking. Many a young college student, in the throws of college experimentation, will try marijuana and other drugs during their stint at Kansas State University.
Illegal or not, young men and women will inevitably try new things and sometimes it will lead them to getting caught with Marijuana, Cocaine, Psilocybin, among others, by the Riley County Police Department. No one ever wants to make the call to their parents to inform them you were caught with possession of controlled substance here in Manhattan, KS. It's worth noting that your first possession of Marijuana charge is a misdemeanor but your second is an automatic felony.
If you get caught with possession of controlled substances in Riley County, Geary County, or the aptly named Pott. County, contact a local Manhattan, KS lawyer to see what you can do to protect your rights and preserve your chances of a positive outcome at trial. And if you're selling, don't forget to have a tax stamp for your drugs.
Illegal or not, young men and women will inevitably try new things and sometimes it will lead them to getting caught with Marijuana, Cocaine, Psilocybin, among others, by the Riley County Police Department. No one ever wants to make the call to their parents to inform them you were caught with possession of controlled substance here in Manhattan, KS. It's worth noting that your first possession of Marijuana charge is a misdemeanor but your second is an automatic felony.
If you get caught with possession of controlled substances in Riley County, Geary County, or the aptly named Pott. County, contact a local Manhattan, KS lawyer to see what you can do to protect your rights and preserve your chances of a positive outcome at trial. And if you're selling, don't forget to have a tax stamp for your drugs.
Monday, September 24, 2012
Junction City, KS Criminal Defense
Junction City Criminal Defense Attorneys can easily help you with your criminal charges in either Municipal Court or Geary County District Court. The rules for each court are significantly different and the aid of a knowledgeable criminal defense attorney can only improve your chances of getting a favorable disposition of your case.
When you get charged with a felon in Geary County, KS you will be sent to the Geary County District Court. The first hearing in a felony case is typically first appearance or a status hearing. The court will ask if you will be obtaining a local attorney or if you need one appointed to you. At some point, you will be required to either have or waive a preliminary hearing. Before you waive your preliminary hearing rights, you should absolutely consult with a lawyer who has knowledge of your case to help you decide if you will waive or not.
If you find yourself in felony trouble in Geary County, KS, please contact a lawyer in the Junction City area to help you with your case.
When you get charged with a felon in Geary County, KS you will be sent to the Geary County District Court. The first hearing in a felony case is typically first appearance or a status hearing. The court will ask if you will be obtaining a local attorney or if you need one appointed to you. At some point, you will be required to either have or waive a preliminary hearing. Before you waive your preliminary hearing rights, you should absolutely consult with a lawyer who has knowledge of your case to help you decide if you will waive or not.
If you find yourself in felony trouble in Geary County, KS, please contact a lawyer in the Junction City area to help you with your case.
Monday, September 17, 2012
Manhattan, KS Minor in Consumption
A Minor in Consumption ticket is not the same as a Minor in Possession. If you are ticketed for Minor in Consumption in Manhattan, KS (also known as an M.I.C.) it probably means that you blew in a breathalyzer which indicated you had alcohol in your system.
The thing about MICs is that they have to prove that you have been consuming alcohol. If you do not blow in the breathalyzer, it makes the State or City's case against you difficult to prove.
While the punishment for an MIC is the same as for an MIP, they are definitely two very different offenses. In the case of an MIP, you must be possessing alcohol. This case is pretty easy for even the greenest of police officer to ticket for, simply because they need only find alcohol in your possession.
If you've found yourself in either situation, possessing or consuming alcohol as a minor in Manhattan, KS contact a Manhattan, KS attorney that can help you evaluate your options and get the most favorable outcome possible for your individual case.
The thing about MICs is that they have to prove that you have been consuming alcohol. If you do not blow in the breathalyzer, it makes the State or City's case against you difficult to prove.
While the punishment for an MIC is the same as for an MIP, they are definitely two very different offenses. In the case of an MIP, you must be possessing alcohol. This case is pretty easy for even the greenest of police officer to ticket for, simply because they need only find alcohol in your possession.
If you've found yourself in either situation, possessing or consuming alcohol as a minor in Manhattan, KS contact a Manhattan, KS attorney that can help you evaluate your options and get the most favorable outcome possible for your individual case.
Tuesday, September 11, 2012
DUI, Junction City Municipal Court
A DUI in Junction City typically will mean a notice to appear in Junction City Municipal Court. Junction City Municipal Court is NOT the Geary County District Court. The Municipal Court is at 225 W. Seventh Street, which is south west of the Geary County District Court.
When you appear in Junction City Municipal Court, you will be called in the order that your file appears on the judges desk unless you have a Junction City attorney to represent you. It's important that you dress appropriately when you appear in any courtroom and the Junction City Municipal Court is no exception. Furthermore, you will not curry any favor with the judge by being late or by being disrespectful.
When you appear for the first time, the judge will ask you if you are going to hire an attorney, if you would like one to be appointed to you, or if you'd like to be your own attorney and be "pro se." Before you can have an attorney appointed to you by the Junction City Municipal Court Judge, you must have a case that will result in jail time. Without a possible jail sentence, you will not qualify for a public defender. The second requirement before the Judge will appoint a public defender to your case is that you must be found "indigent." This means you don't have enough money and don't make enough money to hire your own attorney.
If you find yourself in either Junction City Municipal Court or Geary County District Court, contact an knowledgeable attorney in the Junction City area to help you with your situation.
When you appear in Junction City Municipal Court, you will be called in the order that your file appears on the judges desk unless you have a Junction City attorney to represent you. It's important that you dress appropriately when you appear in any courtroom and the Junction City Municipal Court is no exception. Furthermore, you will not curry any favor with the judge by being late or by being disrespectful.
When you appear for the first time, the judge will ask you if you are going to hire an attorney, if you would like one to be appointed to you, or if you'd like to be your own attorney and be "pro se." Before you can have an attorney appointed to you by the Junction City Municipal Court Judge, you must have a case that will result in jail time. Without a possible jail sentence, you will not qualify for a public defender. The second requirement before the Judge will appoint a public defender to your case is that you must be found "indigent." This means you don't have enough money and don't make enough money to hire your own attorney.
If you find yourself in either Junction City Municipal Court or Geary County District Court, contact an knowledgeable attorney in the Junction City area to help you with your situation.
Monday, September 10, 2012
Manhattan, KS DUI Checkpoint in August
On the first K-State game day weekend the RCPD in cooperation with the Kansas Highway Patrol held a DUI Checkpoint along Kimble Blvd. in Manhattan, KS. A number of individuals were cited for driving under the influence of alcohol.
If you received a DUI citation in relation to this checkpoint, you have 14 days from August 31st, 2012 to submit a drivers license hearing request.
If you received a DUI citation in relation to this checkpoint, you have 14 days from August 31st, 2012 to submit a drivers license hearing request.
Tuesday, September 4, 2012
Manhattan, KS DUI Checkpoint on Friday
There was a DUI Checkpoint ran by the Riley County Police Department last Friday from 11:00 a.m. to 3:00 a.m. If you were unfortunate enough to get a DUI during this DUI Checkpoint in Manhattan, you should contact a Manhattan, KS Attorney as soon as possible. You have a certain number of days to file an administrative hearing to preserve your driving privileges.
There are other steps that must be taken to preserve your driving privileges. If you'd like to discuss them, contact a lawyer in Manhattan, KS for a free consultation to discuss your options and your next course of action.
You will be required to appear in court for your initial appearance and enter a plea at that time. If you are from out of town, you will need an attorney to do this for you unless you make the special trip to enter appearance and plead not guilty.
There are other steps that must be taken to preserve your driving privileges. If you'd like to discuss them, contact a lawyer in Manhattan, KS for a free consultation to discuss your options and your next course of action.
You will be required to appear in court for your initial appearance and enter a plea at that time. If you are from out of town, you will need an attorney to do this for you unless you make the special trip to enter appearance and plead not guilty.
Friday, August 24, 2012
Car Accident Attorneys in Manhattan, KS
While we don't advertise like they do in bigger cities, it doesn't mean a Manhattan, KS car accident lawyer can't get you the recovery you deserve.
Topeka and Wichita aren't the only places to go, typically, lawyers in those areas will have to contact one in Manhattan anyway to assist with filings and local court rules.
If you've been in a car accident in Manhattan, KS, or a car accident in Pottawatomie County, it's important to contact a Manhattan, KS attorney as soon as possible to preserve your rights. Do not sign anything from an insurance company until you've contacted an attorney. And do not admit fault.
When you call our office, you will get personal attention from a knowledgeable attorney that will help you evaluate your car accident or personal injury case. This consultation is free and we work on a contingent basis for personal injury representation so we don't collect unless you collect.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options to find an attorney right for you. This is not legal advice but simply information offered by Blake Robinson Attorney at Law in Manhattan, KS.
Topeka and Wichita aren't the only places to go, typically, lawyers in those areas will have to contact one in Manhattan anyway to assist with filings and local court rules.
If you've been in a car accident in Manhattan, KS, or a car accident in Pottawatomie County, it's important to contact a Manhattan, KS attorney as soon as possible to preserve your rights. Do not sign anything from an insurance company until you've contacted an attorney. And do not admit fault.
When you call our office, you will get personal attention from a knowledgeable attorney that will help you evaluate your car accident or personal injury case. This consultation is free and we work on a contingent basis for personal injury representation so we don't collect unless you collect.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options to find an attorney right for you. This is not legal advice but simply information offered by Blake Robinson Attorney at Law in Manhattan, KS.
Wednesday, August 22, 2012
Manhattan, KS Minor in Possession or Minor in Consumption
With the KSU students back in Manhattan, the number of minor in possession charges (MIPs) jumps dramatically. The Riley County Police Department are also on the lookout for underage drinking, which doesn't help your odds.
One important point of contention is the difference between and MIP and a minor in consumption (MIC). If you are charged with an MIC, it probably means that you blew into a preliminary breath test when asked by a law enforcement officer OR that you were so visibly intoxicated that it left no doubt that you had consumed alcohol. MIC is the ticket you will receive if you are not in possession of alcohol as a minor.
The MIP is, for all other purposes, identical to an MIC. An MIP is what they will call it, however, if you possess alcohol. Here's the important aspect: an MIC and MIP are violations of the same Manhattan Municipal Ordinance. This means that both will trigger the same punishment from the City's standpoint and result in at least a $200 fine but not more then a $500 fine. The Manhattan Municipal Court also may suspend your driver's license for 30 days after your first conviction.
It's typically easy to enter into a diversion in Manhattan Municipal Court for your first MIP/MIC, but before you do, have a local Manhattan, KS attorney look over your case. If you'd like to contact an attorney about your MIP, MIC, or any other alcohol related crime, head over to www.manhattanksattorney.com and contact us about a no cost case evaluation.
One important point of contention is the difference between and MIP and a minor in consumption (MIC). If you are charged with an MIC, it probably means that you blew into a preliminary breath test when asked by a law enforcement officer OR that you were so visibly intoxicated that it left no doubt that you had consumed alcohol. MIC is the ticket you will receive if you are not in possession of alcohol as a minor.
The MIP is, for all other purposes, identical to an MIC. An MIP is what they will call it, however, if you possess alcohol. Here's the important aspect: an MIC and MIP are violations of the same Manhattan Municipal Ordinance. This means that both will trigger the same punishment from the City's standpoint and result in at least a $200 fine but not more then a $500 fine. The Manhattan Municipal Court also may suspend your driver's license for 30 days after your first conviction.
It's typically easy to enter into a diversion in Manhattan Municipal Court for your first MIP/MIC, but before you do, have a local Manhattan, KS attorney look over your case. If you'd like to contact an attorney about your MIP, MIC, or any other alcohol related crime, head over to www.manhattanksattorney.com and contact us about a no cost case evaluation.
Tuesday, August 21, 2012
Kansas Tax Stamp for Marijuana
If you sell marijuana (or any illegal drug) you still have to pay taxes on it and it's an extra crime if you don't.
That's right, not only is it illegal to possess Marijuana and sell Marijuana, it's also illegal to sell it without paying taxes on it. You may need to read that last sentence one more time.
If you don't want to get caught without a tax stamp for your marijuana, you must go to the Kansas Department of Revenue and pay for a tax stamp. This drug tax stamp must be affixed to the packaged marijuana signifying that the taxes on that particular package have been paid. Just because selling drugs is illegal doesn't mean that the state doesn't want their fair share. You may even need more then one marijuana tax stamp depending on the amount of marijuana you plan on possessing or distributing.
In the event you are found to have enough marijuana to be charged with intent to distribute, prosecutors almost always tack on the extra charge of no tax stamp. Absurd? Probably. Ridiculous? Absolutely.
If you've found yourself without a tax stamp and, primarily, charged with possession of an illegal substance in Manhattan, KS or Junction City, KS, contact a knowledgeable attorney in the area to review your case.
That's right, not only is it illegal to possess Marijuana and sell Marijuana, it's also illegal to sell it without paying taxes on it. You may need to read that last sentence one more time.
If you don't want to get caught without a tax stamp for your marijuana, you must go to the Kansas Department of Revenue and pay for a tax stamp. This drug tax stamp must be affixed to the packaged marijuana signifying that the taxes on that particular package have been paid. Just because selling drugs is illegal doesn't mean that the state doesn't want their fair share. You may even need more then one marijuana tax stamp depending on the amount of marijuana you plan on possessing or distributing.
In the event you are found to have enough marijuana to be charged with intent to distribute, prosecutors almost always tack on the extra charge of no tax stamp. Absurd? Probably. Ridiculous? Absolutely.
If you've found yourself without a tax stamp and, primarily, charged with possession of an illegal substance in Manhattan, KS or Junction City, KS, contact a knowledgeable attorney in the area to review your case.
Thursday, August 16, 2012
Kansas State Classes Back in Session
It's that time of year parents and students alike can't wait for. The kids are coming back to Manhattan, KS to attend another (or their first) year of college at Kansas State University.
Many students have been at home over the summer, or maybe working on internships and are ready to get back and kick off the school year with a bang. Unfortunately, sometimes K-State students forget to be careful when the return from their summer forays. It's around this time that the number of MIPs in Manhattan, KS, Riley County, and Geary County, skyrockets.
The frequency of DUIs in Manhattan, KS and surrounding areas also increases. Whether you get a DUI after a K-State tailgate, being in Aggieville, or even the morning after there's a few things can do to hedge your bets. And the two things you should remember if you're pulled over: 1. you do not have to do standard field sobriety tests, 2. call an attorney as soon as possible. Even if you don't have the funds to hire your own attorney, an experienced DUI attorney in Manhattan will have important advice about your next step and what you need to do to preserve your driving privileges as soon as you get a DUI.
*This is not offered or intended to be taken as legal advice and does not create an attorney client relationship. If you would like to speak to an attorney today regarding your DUI or other criminal matter, contact Blake Robinson in Manhattan, KS to serve your northern Kansas legal needs.
Many students have been at home over the summer, or maybe working on internships and are ready to get back and kick off the school year with a bang. Unfortunately, sometimes K-State students forget to be careful when the return from their summer forays. It's around this time that the number of MIPs in Manhattan, KS, Riley County, and Geary County, skyrockets.
The frequency of DUIs in Manhattan, KS and surrounding areas also increases. Whether you get a DUI after a K-State tailgate, being in Aggieville, or even the morning after there's a few things can do to hedge your bets. And the two things you should remember if you're pulled over: 1. you do not have to do standard field sobriety tests, 2. call an attorney as soon as possible. Even if you don't have the funds to hire your own attorney, an experienced DUI attorney in Manhattan will have important advice about your next step and what you need to do to preserve your driving privileges as soon as you get a DUI.
*This is not offered or intended to be taken as legal advice and does not create an attorney client relationship. If you would like to speak to an attorney today regarding your DUI or other criminal matter, contact Blake Robinson in Manhattan, KS to serve your northern Kansas legal needs.
Friday, August 10, 2012
Drivers License Hearings in Manhattan, KS - DUI Friday
It's DUI Friday once again in at the Manhattan, KS Attorney office. Today is all about Driver's License Hearings in Manhattan, KS, also known as Administrative Hearings.
I've written about Administrative Hearings for a Drivers License in Kansas a number of times. It's the hearing that you must request within 14 days of receiving your DUI. (I know that link shows 10 days but that's the old time period).
You must also submit a $50.00 application fee at the time you send your request to the Department of Revenue, Kansas Driver Control Bureau. This administrative hearing is the due process that Kansas must afford you before they revoke your driving privileges. If you don't request this hearing in the manner specified, then they will automatically revoke your driving privileges.
At a Kansas Drivers License Hearing, the officer that arrested you for your DUI should be present. If the officer which signed the certification regarding your preliminary breath test does not show then you, or your attorney, should jump up and down for a dismissal of the certification.
The other ways to have the certification dismissed (which usually means you get to keep your driving privileges) is to find errors which may be fatal to the officer's certification.
Do hire an experienced DUI attorney to inspect your certification and represent you at your administrative hearing, contact a lawyer in the Manhattan, KS area today for a free case evaluation.
I've written about Administrative Hearings for a Drivers License in Kansas a number of times. It's the hearing that you must request within 14 days of receiving your DUI. (I know that link shows 10 days but that's the old time period).
You must also submit a $50.00 application fee at the time you send your request to the Department of Revenue, Kansas Driver Control Bureau. This administrative hearing is the due process that Kansas must afford you before they revoke your driving privileges. If you don't request this hearing in the manner specified, then they will automatically revoke your driving privileges.
At a Kansas Drivers License Hearing, the officer that arrested you for your DUI should be present. If the officer which signed the certification regarding your preliminary breath test does not show then you, or your attorney, should jump up and down for a dismissal of the certification.
The other ways to have the certification dismissed (which usually means you get to keep your driving privileges) is to find errors which may be fatal to the officer's certification.
Do hire an experienced DUI attorney to inspect your certification and represent you at your administrative hearing, contact a lawyer in the Manhattan, KS area today for a free case evaluation.
Tuesday, August 7, 2012
Getting Back Your Driver's License in Kansas
In Kansas, when you receive a minor in possession (MIP) or a DUI, you are obligated to show up for your hearings or have a lawyer appear in your place. When you don't appear, or have an attorney appear for you at your initial appearances for things such as a DUI in Manhattan, KS Municipal Court a bench warrant will be issued. Once a warrant is issued, your license will be suspended for your failure to appear.
When your license is suspended in Manhattan, KS Municipal Court it obviously creates a problem for you, specifically, to be able to go to the Court to get your driver's license reinstated. When you hire an attorney in Manhattan, KS that attorney can usually appear for you and obtain a bond amount or an O.R. bond. An O.R. is an own recognizance bond and you need only supply your current address to obtain. A cash or surety bond requires payment to bail bondsman or a cash surety be placed which will be returned to you when you appear for your hearing.
It's also important to note that once your driver's license is suspended you must pay an $82.00 reinstatement fee to get back your driving privileges.
If you are out of state or otherwise unable to make it to court for your initial appearance or any appearance there after, it's important to have a knowledgeable attorney in Manhattan, KS that can assist in preserving your driving privileges and your rights at trial. Contact the Manhattan, KS attorney today for free case evaluation.
When your license is suspended in Manhattan, KS Municipal Court it obviously creates a problem for you, specifically, to be able to go to the Court to get your driver's license reinstated. When you hire an attorney in Manhattan, KS that attorney can usually appear for you and obtain a bond amount or an O.R. bond. An O.R. is an own recognizance bond and you need only supply your current address to obtain. A cash or surety bond requires payment to bail bondsman or a cash surety be placed which will be returned to you when you appear for your hearing.
It's also important to note that once your driver's license is suspended you must pay an $82.00 reinstatement fee to get back your driving privileges.
If you are out of state or otherwise unable to make it to court for your initial appearance or any appearance there after, it's important to have a knowledgeable attorney in Manhattan, KS that can assist in preserving your driving privileges and your rights at trial. Contact the Manhattan, KS attorney today for free case evaluation.
Friday, August 3, 2012
DUI Friday - K-State Edition
It's once again time for DUI Friday. In last week's DUI Friday we talked about what it means when you get a first, second, or third DUI. This week it's all about the driver's license hearing.
The driver's license hearing, or administrative hearing, is the hearing which you must request within 14 days of your getting a DUI in Manhattan, KS. You must also send in a $50.00 administrative hearing request fee.
All these things are outlined in fine print for you on the back of your DUI ticket, however few people actually read, acknowledge, or understand what they need to do to preserve their driving privileges. What I mean when I say "to preserve your driving privileges" I mean that if you don't send in an Admin hearing request within the allotted time, and with the $50.00, you driver's license is immediately suspended.
When you live in Kansas, commuting via motor vehicle is essential to carry out general business. Our populations are too spread out and our public transportation system far to ineffective and inefficient to get you where you need to go. Losing your driver's license in Kansas because of DUI often means you must bother coworkers or family members to get you to work and back or otherwise you're forced walk vast distances daily to maintain your livelihood.
If you're facing losing your driver's license in Kansas because of a DUI, contact a lawyer in Manhattan, KS that can preserve your driving privileges and protect your rights as soon as possible.
And my final words to you K-Staters coming back to classes for fall semester: Don't use campus as a shortcut or as "back roads" on your way home at 2 a.m.
The driver's license hearing, or administrative hearing, is the hearing which you must request within 14 days of your getting a DUI in Manhattan, KS. You must also send in a $50.00 administrative hearing request fee.
All these things are outlined in fine print for you on the back of your DUI ticket, however few people actually read, acknowledge, or understand what they need to do to preserve their driving privileges. What I mean when I say "to preserve your driving privileges" I mean that if you don't send in an Admin hearing request within the allotted time, and with the $50.00, you driver's license is immediately suspended.
When you live in Kansas, commuting via motor vehicle is essential to carry out general business. Our populations are too spread out and our public transportation system far to ineffective and inefficient to get you where you need to go. Losing your driver's license in Kansas because of DUI often means you must bother coworkers or family members to get you to work and back or otherwise you're forced walk vast distances daily to maintain your livelihood.
If you're facing losing your driver's license in Kansas because of a DUI, contact a lawyer in Manhattan, KS that can preserve your driving privileges and protect your rights as soon as possible.
And my final words to you K-Staters coming back to classes for fall semester: Don't use campus as a shortcut or as "back roads" on your way home at 2 a.m.
Tuesday, July 31, 2012
Manhattan, KS Car Accidents
Here at the Manhattan, KS Attorney office, we have experience in handling personal injury and wrongful death actions that involve complex legal and factual analysis. When you're in a car accident in Manhattan, KS the proper venue for an action for personal injury is in Riley County District Court.
In a car accident, your damages could be significant and it's important to know that you don't have to go to Topeka for a quality personal injury attorney in Northern Kansas. Getting a lawyer who is familiar with the local rules procedures in Riley, Pottawatomie, or Geary Counties can give you the advantage you need going up against big insurance companies to get what you deserve after you've been injured.
If you've been involved in a car accident or other motor-vehicle accident in the Manhattan, KS or Geary County areas, call a Manhattan, KS attorney that will give you the personal attention your individual case needs.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
In a car accident, your damages could be significant and it's important to know that you don't have to go to Topeka for a quality personal injury attorney in Northern Kansas. Getting a lawyer who is familiar with the local rules procedures in Riley, Pottawatomie, or Geary Counties can give you the advantage you need going up against big insurance companies to get what you deserve after you've been injured.
If you've been involved in a car accident or other motor-vehicle accident in the Manhattan, KS or Geary County areas, call a Manhattan, KS attorney that will give you the personal attention your individual case needs.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
Friday, July 27, 2012
DUI Friday
Picking up from last weeks DUI Friday, we are talking about the court procedure after you've been charged and what to expect from the Manhattan, KS courts.
If it's just your first DUI you usually qualify for diversion. Before you can get on diversion, you should always have a DUI lawyer look over your case to see if diversion in Manhattan Municipal Court is right for you. After your initial appearance, a diversion conference is usually set up a few weeks down the line. During this time you should fill out the application for diversion and, if you and your attorney feel it's the right choice, turn in your application at least 7 days prior to your diversion conference.
If it's your second DUI, it's very unlikely you will be allowed diversion and you will have to make the choice between your three options at your initial appearance/arraignment in Manhattan Municipal Court. Those three options are: 1. Plead Guilty, 2. Plead Not Guilty, 3. Plead No Contest. If you plead no contest, you will still be found guilty, however it's not the same as pleading guilty.
On your third DUI and each one after, it is a felony and you will not be in Manhattan Municipal Court, you will go to Riley County District Court. Because it's a felony, you will have the right to a preliminary hearing, which is an extra step not included in misdemeanor charges.
Whether your first DUI, second, or 5th, it's important to contact a DUI attorney in the Manhattan, KS area that knows what to look for to give you advice as to your best options.
If it's just your first DUI you usually qualify for diversion. Before you can get on diversion, you should always have a DUI lawyer look over your case to see if diversion in Manhattan Municipal Court is right for you. After your initial appearance, a diversion conference is usually set up a few weeks down the line. During this time you should fill out the application for diversion and, if you and your attorney feel it's the right choice, turn in your application at least 7 days prior to your diversion conference.
If it's your second DUI, it's very unlikely you will be allowed diversion and you will have to make the choice between your three options at your initial appearance/arraignment in Manhattan Municipal Court. Those three options are: 1. Plead Guilty, 2. Plead Not Guilty, 3. Plead No Contest. If you plead no contest, you will still be found guilty, however it's not the same as pleading guilty.
On your third DUI and each one after, it is a felony and you will not be in Manhattan Municipal Court, you will go to Riley County District Court. Because it's a felony, you will have the right to a preliminary hearing, which is an extra step not included in misdemeanor charges.
Whether your first DUI, second, or 5th, it's important to contact a DUI attorney in the Manhattan, KS area that knows what to look for to give you advice as to your best options.
Wednesday, July 25, 2012
Pottawatomie County Criminal Charges
One of the complications of living in Manhattan is the close proximity of Pottawatomie County. The county line between Pottawatomie County and Riley County essentially runs down Tuttle Creak Blvd. This means a fair portion of the business that serve Manhattan, KS are actually in Pottawatomie County.
When an alleged crime is committed in Pottawatomie County, you must go to Westmoreland, KS to the Pottawatomie County District Court. This can be very inconvenient as the drive takes about a 30-minutes from Manhattan.
The rules are different in Pottawatomie County District Court for certain things such as applying for diversion. For example, for an MIP in Manhattan, applying for a diversion is free. In Pott County, there is a $10.00 diversion application fee which must be paid at the time you apply for diversion or it won't be accepted.
Someone who is a resident or is just visiting the Manhattan, KS area could find themselves in any of the three Courts: Pott County District Court, Riley County District Court, or Manhattan Municipal Court. Naturally, things can get complicated in a hurry.
Be sure to speak with a Manhattan, KS attorney who is familiar with the unique rules of each court who can also help you get clarity when things get complicated and assist in resolving your legal matter
When an alleged crime is committed in Pottawatomie County, you must go to Westmoreland, KS to the Pottawatomie County District Court. This can be very inconvenient as the drive takes about a 30-minutes from Manhattan.
The rules are different in Pottawatomie County District Court for certain things such as applying for diversion. For example, for an MIP in Manhattan, applying for a diversion is free. In Pott County, there is a $10.00 diversion application fee which must be paid at the time you apply for diversion or it won't be accepted.
Someone who is a resident or is just visiting the Manhattan, KS area could find themselves in any of the three Courts: Pott County District Court, Riley County District Court, or Manhattan Municipal Court. Naturally, things can get complicated in a hurry.
Be sure to speak with a Manhattan, KS attorney who is familiar with the unique rules of each court who can also help you get clarity when things get complicated and assist in resolving your legal matter
Monday, July 23, 2012
Standard Field Sobriety Tests
Standard Field Sobriety Tests are what the Riley County Police Department will administer to a person they suspect of driving under the influence. These are physical tests the officer will use to establish reasonable suspicion to make you take a preliminary breath test. These physical tests include the walk and turn, leg raise, nose touches, and alphabet recitals. Any RCPD officer worth his salt will typically orient his vehicle so that the in-dash video camera will record these physical tests. If the tests were recorded, a competent Manhattan, KS DUI attorney will always request and review these videos
Friday, July 20, 2012
DUI Friday, July 20
Time again for DUI Friday brought to you by Manhattan, KS attorney. Last DUI Friday we talked about second and third DUIs and the different punishments for each. We also talked about the likelihood of a diversion for your DUI.
This week we'll talk a little about the courtroom process once you've been charged with DUI. In Manhattan Municipal Court, the first hearing you have is your initial appearance/arraignment. This is the hearing which is usually noted on your citation as your appearance date. A Riley County Police Officer who arrests you will usually circle the address of the Manhattan Municipal Court on the back of your citation. (the yellow ticket you receive after arrest).
If you hire an attorney to represent you, they can show up for you at your initial appearance because it is not a substantive hearing. If you decide you do want to show up, that's fine, but it's only about a 5 minute hearing where your attorney will either request a status, or a diversion hearing a few weeks down the line.
After your initial appearance, your attorney should file discovery requests with the prosecutor. This should include a request for video, sobriety test results, and any other officer notes taken during or after the arrest. After a lawyer has looked over this discovery, they should be able to give you sound advice as to whether diversion is the right choice for you. If the evidence appears in your favor, it might be a case which you want to fight.
To have a knowledgeable attorney at your disposal who will give you a candid, honest evaluation of your case, contact a Manhattan, KS attorney for free consultation. We are prepared to fight for your rights when you've been charged with a crime.
*every case is different and you should not base your decision to hire an attorney on an advertisement or blog entry alone.
This week we'll talk a little about the courtroom process once you've been charged with DUI. In Manhattan Municipal Court, the first hearing you have is your initial appearance/arraignment. This is the hearing which is usually noted on your citation as your appearance date. A Riley County Police Officer who arrests you will usually circle the address of the Manhattan Municipal Court on the back of your citation. (the yellow ticket you receive after arrest).
If you hire an attorney to represent you, they can show up for you at your initial appearance because it is not a substantive hearing. If you decide you do want to show up, that's fine, but it's only about a 5 minute hearing where your attorney will either request a status, or a diversion hearing a few weeks down the line.
After your initial appearance, your attorney should file discovery requests with the prosecutor. This should include a request for video, sobriety test results, and any other officer notes taken during or after the arrest. After a lawyer has looked over this discovery, they should be able to give you sound advice as to whether diversion is the right choice for you. If the evidence appears in your favor, it might be a case which you want to fight.
To have a knowledgeable attorney at your disposal who will give you a candid, honest evaluation of your case, contact a Manhattan, KS attorney for free consultation. We are prepared to fight for your rights when you've been charged with a crime.
*every case is different and you should not base your decision to hire an attorney on an advertisement or blog entry alone.
Wednesday, July 18, 2012
Don't Just Settle for a Diversion for a DUI
When you get a DUI in Manhattan, KS, Riley County, Geary County, or the surrounding areas, it's important to know that by entering into a diversion you agree to be found guilty if you don't successfully complete your diversion. This means that if you fail to abide by the terms of diversion, you will likely get the full punishment of being found guilty of DUI.
Before you agree to a diversion, you should have a DUI attorney obtain discovery on your case to evaluate whether your rights haven been violated. Otherwise, you might forgo your right to a trial when a trial would have been in your best interest.
Even if it turns out that, after review of the discovery, you still want to pursue a diversion, knowing that you have looked at the facts and circumstances surrounding your arrest will give you piece of mind to know that diversion was the right choice for you.
Contact a Manhattan, KS attorney today for assistance and a free consultation so you can know the options you have before you waive or forgo your rights.
Before you agree to a diversion, you should have a DUI attorney obtain discovery on your case to evaluate whether your rights haven been violated. Otherwise, you might forgo your right to a trial when a trial would have been in your best interest.
Even if it turns out that, after review of the discovery, you still want to pursue a diversion, knowing that you have looked at the facts and circumstances surrounding your arrest will give you piece of mind to know that diversion was the right choice for you.
Contact a Manhattan, KS attorney today for assistance and a free consultation so you can know the options you have before you waive or forgo your rights.
Tuesday, July 17, 2012
Junction City Municipal Court
Much like the Manhattan, KS Municipal Court, Junction City Municipal Court serves the city and presides over non-felony, misdemeanor and traffic infractions. The Court is located at 225 W. 7th Street in Junction City. The presiding Judge is Judge Powers.
The Manhattan, KS lawyer, despite the namesake, practices in Junction City and the Geary County District Court and is available to talk about and give you a free consultation regarding your legal matter.
The Manhattan, KS lawyer, despite the namesake, practices in Junction City and the Geary County District Court and is available to talk about and give you a free consultation regarding your legal matter.
Friday, July 13, 2012
DUI Friday, July 13th Edition
It's that time again! DUI Friday. Last week we left off talking about the Driver's License Administrative hearing in Kansas. Now on to the criminal aspect of a DUI.
The first DUI a person receives in Kansas is a misdemeanor. Your second DUI is elevated to a Class A misdemeanor. The penalty for a second DUI in Kansas includes 90 days to a year in prison and $1,000-$1,500 fine. The punishments for third and fourth DUI get worse from there. By your third DUI, you are charged with a felony and the minimum fine goes up to $1,500.
As of July 1, 2012, the law regarding the refusal of a breathalyzer test has changed dramatically. Now, when you refuse a breathalyzer, it is a misdemeanor offense that carries a fine comparable to the DUI itself.
If it is your first DUI, it's also likely that the Prosecutor, whether from Manhattan Municipal Court, or Riley County District Court, will offer you a diversion. Diversion is not a bad way to go, however, it does NOT mean that the DUI will stay off your record. Once you've had one DUI, it is very unlikely the prosecutor will offer you a diversion.
In any event, getting a DUI is something that no one wants to go through. If you have a DUI, you should talk to an attorney immediately to preserve your rights as well as your driver's license.
*this DUI Friday is brought to you by a Manhattan, KS Attorney and is not offered as legal advice. Choosing an attorney is an important decision and should not be based on a blog entry alone call us for a free consultation.
The first DUI a person receives in Kansas is a misdemeanor. Your second DUI is elevated to a Class A misdemeanor. The penalty for a second DUI in Kansas includes 90 days to a year in prison and $1,000-$1,500 fine. The punishments for third and fourth DUI get worse from there. By your third DUI, you are charged with a felony and the minimum fine goes up to $1,500.
As of July 1, 2012, the law regarding the refusal of a breathalyzer test has changed dramatically. Now, when you refuse a breathalyzer, it is a misdemeanor offense that carries a fine comparable to the DUI itself.
If it is your first DUI, it's also likely that the Prosecutor, whether from Manhattan Municipal Court, or Riley County District Court, will offer you a diversion. Diversion is not a bad way to go, however, it does NOT mean that the DUI will stay off your record. Once you've had one DUI, it is very unlikely the prosecutor will offer you a diversion.
In any event, getting a DUI is something that no one wants to go through. If you have a DUI, you should talk to an attorney immediately to preserve your rights as well as your driver's license.
*this DUI Friday is brought to you by a Manhattan, KS Attorney and is not offered as legal advice. Choosing an attorney is an important decision and should not be based on a blog entry alone call us for a free consultation.
Thursday, July 12, 2012
Manhattan, Kansas District Court and Manhattan, KS Municipal Court
In Manhattan, KS, like most cities, has a Municipal Court and a District Court. There is a difference, and it's important to understand what the difference is.
The Manhattan, KS Municipal Court serves the City of Manhattan and is the place of venue for traffic and misdemeanor crimes committed in within the city limits of Manhattan. Manhattan Municipal Court is on 610 Colorado Street near Manhattan Catholic School. The Municipal Court does not, however, handle felony criminal charges. It's likely, that if you get a DUI in Manhattan, KS, this is the court in which you will need to appear.
The Riley County District Court is the State Court which handles other, generally more serious, criminal matters. The Riley County District Court also handles the appeals from the Municipal Court. The District Court is located at 100 Courthouse Plaza which is in downtown Manhattan, KS at 5th and Poyntz. This is also the Court which handles divorces, small claims, juvenile crimes, personal injury claims.
Often, I am at the District Courthouse and get asked for the location of the Municipal court by someone who has come to the wrong courthouse. If you find yourself late for a 9:00 a.m. docket at the wrong courthouse, fear not, the Municipal Courthouse is just a few blocks South of the District Courthouse and shouldn't take more than 5 minutes commute.
If you find yourself in a position where you need to be at either courthouse, you might need to contact an lawyer to represent you. If this is the case, please call a Manhattan, KS lawyer in the area for knowledgeable, personalized legal service to help you solve your DUI, criminal charge, divorce, or personal injury.
*This blog is not meant to be legal advice and should not be taken as such, but is an informational service created by Manhattan, KS attorney. Hiring a lawyer is an important decision and should not be made on the basis of a blog alone.
The Manhattan, KS Municipal Court serves the City of Manhattan and is the place of venue for traffic and misdemeanor crimes committed in within the city limits of Manhattan. Manhattan Municipal Court is on 610 Colorado Street near Manhattan Catholic School. The Municipal Court does not, however, handle felony criminal charges. It's likely, that if you get a DUI in Manhattan, KS, this is the court in which you will need to appear.
The Riley County District Court is the State Court which handles other, generally more serious, criminal matters. The Riley County District Court also handles the appeals from the Municipal Court. The District Court is located at 100 Courthouse Plaza which is in downtown Manhattan, KS at 5th and Poyntz. This is also the Court which handles divorces, small claims, juvenile crimes, personal injury claims.
Often, I am at the District Courthouse and get asked for the location of the Municipal court by someone who has come to the wrong courthouse. If you find yourself late for a 9:00 a.m. docket at the wrong courthouse, fear not, the Municipal Courthouse is just a few blocks South of the District Courthouse and shouldn't take more than 5 minutes commute.
If you find yourself in a position where you need to be at either courthouse, you might need to contact an lawyer to represent you. If this is the case, please call a Manhattan, KS lawyer in the area for knowledgeable, personalized legal service to help you solve your DUI, criminal charge, divorce, or personal injury.
*This blog is not meant to be legal advice and should not be taken as such, but is an informational service created by Manhattan, KS attorney. Hiring a lawyer is an important decision and should not be made on the basis of a blog alone.
Tuesday, July 10, 2012
New Kansas DUI Law
On July 1st of this year a new DUI law in Kansas came into effect. This law changes the charges for refusing to provide a blood, breath, or alcohol test when you have a prior DUI charge or DUI diversion.
Now, when you refuse a blood alcohol sample, and it's been less than 10 years since your alcohol related driving infraction the first time it's a misdemeanor. The second time, a felony. This compounds your problems considerably because now, you have a DUI, an traffic infraction from failing or refusing a Preliminary Breath Test, AND a misdemeanor or felony if you refuse to incriminate yourself by providing a blood alcohol sample.
If you have a DUI or other alcohol related charge, it's important to contact an attorney to help explore your options and determine if your rights have been violated. Contact a lawyer in Manhattan, KS to help you evaluate your case.
Now, when you refuse a blood alcohol sample, and it's been less than 10 years since your alcohol related driving infraction the first time it's a misdemeanor. The second time, a felony. This compounds your problems considerably because now, you have a DUI, an traffic infraction from failing or refusing a Preliminary Breath Test, AND a misdemeanor or felony if you refuse to incriminate yourself by providing a blood alcohol sample.
If you have a DUI or other alcohol related charge, it's important to contact an attorney to help explore your options and determine if your rights have been violated. Contact a lawyer in Manhattan, KS to help you evaluate your case.
Monday, July 2, 2012
4th of July Celebrations and the Law
The 4th of July is almost here. Easily my favorite holiday. Unfortunately, it's a time when the combination of heat, celebration, and inebriation creates a volatile mix.
Part of many people's celebration of the 4th includes drinking alcohol and being at the lake or pool. Drinking in the hot sun can dehydrate you extremely fast and lack of hydration can cause symptoms similar to over-intoxication. Heat stroke is one of the most dangerous heat related injury and it's symptoms include nausea, vomiting, disorientation.
Another point of concern for the summer holiday season is the mixture of explosives and alcohol. Any nurse or ER doctor can testify that the number of burns and accidental firework related injuries goes up substantially over the 4th of July holiday.
Boating while intoxicated is a third area to be aware of over the holidays. In Manhattan, KS there's a number of nearby lakes and reservoirs to visit for the fourth. Tuttle Creek, Milford Lake, and Pottawatomie County Fishing lakes one and two all have the same laws as they relate to boating under the influence. Much like driving a vehicle, if you are boating you automatically consent to a preliminary breath test to test for blood alcohol. If you refuse, they automatically revoke your boating privileges.
Two final points: 1. The fourth of July is a time for celebration, family, fireworks, and fun. Like many major holidays, law enforcement agencies make it a point to conduct DUI Checkpoints to screen for drunk drivers during these times. 2. When you are firing off fireworks that are illegal for your area, it's a beacon for police officers. Don't get caught with a MIP AND an illegal fireworks ticket because you fired a few black cats in Manhattan, KS City Limits and brought attention to yourself.
This blog is not legal advice nor intended to be legal advice, it's simply information provided by Manhattan, KS Attorney.
Part of many people's celebration of the 4th includes drinking alcohol and being at the lake or pool. Drinking in the hot sun can dehydrate you extremely fast and lack of hydration can cause symptoms similar to over-intoxication. Heat stroke is one of the most dangerous heat related injury and it's symptoms include nausea, vomiting, disorientation.
Another point of concern for the summer holiday season is the mixture of explosives and alcohol. Any nurse or ER doctor can testify that the number of burns and accidental firework related injuries goes up substantially over the 4th of July holiday.
Boating while intoxicated is a third area to be aware of over the holidays. In Manhattan, KS there's a number of nearby lakes and reservoirs to visit for the fourth. Tuttle Creek, Milford Lake, and Pottawatomie County Fishing lakes one and two all have the same laws as they relate to boating under the influence. Much like driving a vehicle, if you are boating you automatically consent to a preliminary breath test to test for blood alcohol. If you refuse, they automatically revoke your boating privileges.
Two final points: 1. The fourth of July is a time for celebration, family, fireworks, and fun. Like many major holidays, law enforcement agencies make it a point to conduct DUI Checkpoints to screen for drunk drivers during these times. 2. When you are firing off fireworks that are illegal for your area, it's a beacon for police officers. Don't get caught with a MIP AND an illegal fireworks ticket because you fired a few black cats in Manhattan, KS City Limits and brought attention to yourself.
This blog is not legal advice nor intended to be legal advice, it's simply information provided by Manhattan, KS Attorney.
Friday, June 29, 2012
DUI Friday, June 29th
It's DUI Friday! Last week we left off with failing or refusing to take a preliminary breath test.
When you refuse to take or fail a preliminary breath test (the breath test they administer out in the field) the state initiates an administrative action against you to revoke your driving privileges. When you hear of an administrative hearing, or an administrative hearing request, this is the State of Kansas giving you your due process before they suspend your driver's license.
The only way to preserve your driving privileges for longer then 30 days after your arrested is to make an administrative hearing request to the Kansas Driver Control Bureau within 14 days.
NOTE: If you want to preserve your driving privileges for longer then 30 days you must send your Administrative Hearing request within 14 days along with the required $50 request fee.
After you send a request, it typically takes driver control a couple weeks before they send you confirmation and a date for your hearing. These hearings are held in front of a magistrate, not a judge, and usually last less then 20 minutes.
Next week we'll talk about the other side of a DUI case, the criminal side, which is separate from the administrative hearing.
DUI Friday is brought to you by the Manhattan, KS lawyer, Blake Robinson. If you've been arrested for a DUI it's important to act fast to preserve your driving privileges as mentioned above. Contact an attorney before it's too late.
*Hiring an attorney is a complex decision and should not be based solely on a blog entry. This is not legal advice but simply information about DUIs in Kansas.
When you refuse to take or fail a preliminary breath test (the breath test they administer out in the field) the state initiates an administrative action against you to revoke your driving privileges. When you hear of an administrative hearing, or an administrative hearing request, this is the State of Kansas giving you your due process before they suspend your driver's license.
The only way to preserve your driving privileges for longer then 30 days after your arrested is to make an administrative hearing request to the Kansas Driver Control Bureau within 14 days.
NOTE: If you want to preserve your driving privileges for longer then 30 days you must send your Administrative Hearing request within 14 days along with the required $50 request fee.
After you send a request, it typically takes driver control a couple weeks before they send you confirmation and a date for your hearing. These hearings are held in front of a magistrate, not a judge, and usually last less then 20 minutes.
Next week we'll talk about the other side of a DUI case, the criminal side, which is separate from the administrative hearing.
DUI Friday is brought to you by the Manhattan, KS lawyer, Blake Robinson. If you've been arrested for a DUI it's important to act fast to preserve your driving privileges as mentioned above. Contact an attorney before it's too late.
*Hiring an attorney is a complex decision and should not be based solely on a blog entry. This is not legal advice but simply information about DUIs in Kansas.
Thursday, June 28, 2012
Getting on Diversion for MIPs and DUIs
It's often the case that, if it's your first offense, the prosecutor in Riley County District Court, Manhattan Municipal Court, or Pottawatomie County District Court will offer you diversion. Diversion is a contract between the state or city prosecutor and the defendant (the person alleged to have committed the crime).
The contract typically states that the prosecutor will agree to dismiss the charges if the defendant abides by the rules of the diversion. Typical rules of diversion include things such as: paying a fee, doing community service hours, completing an alcohol and drug evaluation, and staying out of trouble (and Aggieville or local bar district) until diversion is completed.
Diversion is a great option for many with their first DUI or MIP, however, it's always important to understand that you are giving up your right to a trial when you enter into diversion. Before you commit yourself to a diversion, it's important to contact a local attorney to review your case and request discovery on your behalf.
If you're thinking about diversion for your MIP or DUI in Riley County or surrounding communities, contact a lawyer in Manhattan, KS.
The contract typically states that the prosecutor will agree to dismiss the charges if the defendant abides by the rules of the diversion. Typical rules of diversion include things such as: paying a fee, doing community service hours, completing an alcohol and drug evaluation, and staying out of trouble (and Aggieville or local bar district) until diversion is completed.
Diversion is a great option for many with their first DUI or MIP, however, it's always important to understand that you are giving up your right to a trial when you enter into diversion. Before you commit yourself to a diversion, it's important to contact a local attorney to review your case and request discovery on your behalf.
If you're thinking about diversion for your MIP or DUI in Riley County or surrounding communities, contact a lawyer in Manhattan, KS.
Wednesday, June 27, 2012
Drug Possession in Kansas
In Kansas, possession of certain drugs is a crime. This includes methamphetamine, Marijuana, MDMA, Cocaine, and so many other specifically named illegal drugs that I don't have time to list them all.
The most common drug charge I see is Possession of Marijuana. This charge often results after a cop pulls someone over for a minor traffic infraction and either smells "raw marijuana" or "burnt marijuana." Once a cop smells either kind of M.J. they will typically attempt to search the vehicle.
Whether they actually smell it, or just suspect there's marijuana in the car, the cop almost always will ask for permission to search your vehicle. Sometimes they even say something like "if you don't have anything to hide, why don't you let us search your car." In either case, you do not have to give them permission to search. You are giving them permission to violate your constitutional rights. You are the only one that can willingly give those up.
If you get arrested for possession of Marijuana in Manhattan, KS or the surrounding areas, you still have rights. To exercise your rights and to make sure your rights are being respected, call a Manhattan, KS attorney for a consultation.
The most common drug charge I see is Possession of Marijuana. This charge often results after a cop pulls someone over for a minor traffic infraction and either smells "raw marijuana" or "burnt marijuana." Once a cop smells either kind of M.J. they will typically attempt to search the vehicle.
Whether they actually smell it, or just suspect there's marijuana in the car, the cop almost always will ask for permission to search your vehicle. Sometimes they even say something like "if you don't have anything to hide, why don't you let us search your car." In either case, you do not have to give them permission to search. You are giving them permission to violate your constitutional rights. You are the only one that can willingly give those up.
If you get arrested for possession of Marijuana in Manhattan, KS or the surrounding areas, you still have rights. To exercise your rights and to make sure your rights are being respected, call a Manhattan, KS attorney for a consultation.
Tuesday, June 26, 2012
Minor in Possession of Alcohol
I've heard this story dozens of times: Young man or woman is at a house party in Manhattan, is under 21, and is drinking alcohol. Deciding it's time to walk down the street to another party, fails to toss their beverage and while en route, sees a police officer. Suddenly aware that they're breaking the law, this person throws their drink into the bushes. Cop sees this and makes contact with the minor and at some point, asks the minor to take a preliminary breath test and the minor complies. The minor fails the breath test and is ticketed with a minor in possession.
There's a number of things that could have been different here, mainly, not drinking alcohol if you're a minor. I know this is unrealistic and the number of people under 21 that drink alcohol is unlikely to change. However, if you are a minor and drink it's probably best not to do it on the public streets (or front yards for that matter) of Manhattan, KS. If this is unavoidable, the least you can do is drink out of a container that is not a beer can or a ubiquitous red cup. My final point regarding MIPs in Manhattan, KS is this: You are not required to blow into a preliminary breath test when an officer asks you, UNLESS you are suspected of having driven a vehicle while under the influence.
This means, unless you were driving a car, it's not against the law to refuse to blow.
If you've been ticketed for an MIP in Manhattan, KS, call an Attorney in Manhattan, KS who will give you an honest, candid evaluation of your case to help you make a decision on how to handle your specific legal problem.
*This is not offered as legal advice and each case is different and should be evaluated on a case by case basis. This blog is for information purposes only. Blake Robinson Attorney at Law, Manhattan, KS is responsible for the content of this blog
There's a number of things that could have been different here, mainly, not drinking alcohol if you're a minor. I know this is unrealistic and the number of people under 21 that drink alcohol is unlikely to change. However, if you are a minor and drink it's probably best not to do it on the public streets (or front yards for that matter) of Manhattan, KS. If this is unavoidable, the least you can do is drink out of a container that is not a beer can or a ubiquitous red cup. My final point regarding MIPs in Manhattan, KS is this: You are not required to blow into a preliminary breath test when an officer asks you, UNLESS you are suspected of having driven a vehicle while under the influence.
This means, unless you were driving a car, it's not against the law to refuse to blow.
If you've been ticketed for an MIP in Manhattan, KS, call an Attorney in Manhattan, KS who will give you an honest, candid evaluation of your case to help you make a decision on how to handle your specific legal problem.
*This is not offered as legal advice and each case is different and should be evaluated on a case by case basis. This blog is for information purposes only. Blake Robinson Attorney at Law, Manhattan, KS is responsible for the content of this blog
Monday, June 25, 2012
You Don't Need to go to Topeka for Quality Personal Injury Trial Attorneys
Manhattan, Kansas is one of the, if not THE, best big little city in Kansas. Forbes ranked Manhattan as the number 3 city for small businesses in the U.S.
Manhattan's growing population and the high number of drivers under the age of 25 means more vehicular accidents. Unfortunately, after a car accident many victims turn to Topeka, Kansas City, or Wichita to find an accident attorney to represent them even though the accident occurred in Riley County or one of the surrounding jurisdictions.
There's no need to go outside Northern Kansas to find a local attorney who has experience in highly detailed, highly contentious complex civil litigation and who is familiar with the local rules and practices.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
Manhattan's growing population and the high number of drivers under the age of 25 means more vehicular accidents. Unfortunately, after a car accident many victims turn to Topeka, Kansas City, or Wichita to find an accident attorney to represent them even though the accident occurred in Riley County or one of the surrounding jurisdictions.
There's no need to go outside Northern Kansas to find a local attorney who has experience in highly detailed, highly contentious complex civil litigation and who is familiar with the local rules and practices.
* Hiring an attorney is a complex and important decision and should not be based solely on advertisements (or a blog entry, for that matter) and you should consider your options carefully to find an attorney right for you. This is not legal advice but simply a blog written by Blake Robinson Attorney at Law in Manhattan, KS for the main purpose of airing grievances and increasing traffic to his website. If you have a legal problem and want an honest, frank, upfront evaluation of your case, please give him a call.
Country Stampede Weekend
Country Stampede has come and gone and the many out-of-towners have gone home. In their wake, Pottawatomie County and Riley County have a large new case load of Minor in Possessions, DUIs, and a host of other alcohol related infractions.
For Pottawatomie County, Kansas Country Stampede weekend is like Black Friday is to Wal-Mart. Obviously the cost of these tickets is doubly burdensome for many not from the Flint Hills area. Having to return to Pott. or Riley County District Courts at some date in the future to appear and simply enter a plea of no contest and obtain a diversion is a pain. If you're more than 2 hours away from Manhattan and must miss a day of work to make your court date, it adds insult to injury.
A knowledgeable Manhattan, KS attorney can appear for you at your initial appearance and assist you with your MIP, DUI, or alcohol related infractions in both Manhattan City and County District Court as well as District Courts in the surrounding areas.
For Pottawatomie County, Kansas Country Stampede weekend is like Black Friday is to Wal-Mart. Obviously the cost of these tickets is doubly burdensome for many not from the Flint Hills area. Having to return to Pott. or Riley County District Courts at some date in the future to appear and simply enter a plea of no contest and obtain a diversion is a pain. If you're more than 2 hours away from Manhattan and must miss a day of work to make your court date, it adds insult to injury.
A knowledgeable Manhattan, KS attorney can appear for you at your initial appearance and assist you with your MIP, DUI, or alcohol related infractions in both Manhattan City and County District Court as well as District Courts in the surrounding areas.
Friday, June 22, 2012
DUI Friday
It's Friday, so I fell like it's a good time to talk about DUIs. There is also going to be a DUI checkpoint this weekend in the Kansas City area, so it's especially poignant to talk about this now.
When you get pulled over, it's typically for a minor traffic infraction such as failure to signal, failure to come to a complete stop, or the all-time cop favorite: "you had a tag light out." In Manhattan, KS another common reason for a policeman to pull over a vehicle is for swerving.
Once your vehicle is pulled over, a cop need only suspect you are under the influence in order to ask you to perform field sobriety tests. Things such as watery, blood shot eyes; slurred speech, confusion, and fumbling to get your ID are all "indicators" of intoxication by most cop's standards. The problem is, of course, these tests are completely subjective and each indicator can be caused by many, many other things. Another indicator cited on almost every police report I see for a DUI is odor of alcoholic beverage. Of course, we can't be there to check for smell at the time someone is pulled over, so there's no way to verify whether there was actually an odor of alcohol or where the odor was coming from. At this point, we are totally relying on the word of the law enforcement officer.
IMPORTANT POINT: when a cop asks you where you're coming from, you do not have to tell them. You are perfectly permitted to say "the north" instead of "Tubby's" or "Bobby T's."
So you've been pulled over, and something has made the officer believe that you're under the influence. He/she has pulled you out of the car and now wants you to do the walk and turn, stand on one foot, and the whole song and dance. These are standard field sobriety tests and you do not have to do them. You are in no way obligated to do a standard field sobriety test.
Now, whether you do the tests or not, the officer will probably ask you to do a preliminary breath test. This is a breath test that occurs out in the field. It is a small hand held device that you blow into to determine your blood alcohol content. If you refuse to take this test or fail this test, it is a traffic infraction in the State of Kansas. Here, it's important to note that if you fail or refuse this preliminary breath test, you have 14 days to request an administrative hearing from the Kansas Department of Revenue. This requests also costs $50 which needs to be sent within 14 days as well. It's important to contact an attorney as soon as possible so they may help you preserve your rights.
After the preliminary breath test, whether you failed or refused, if the officer has enough evidence, he/she will arrest you, read you your rights, and take you to the police station.
We will cover more on DUI arrests in Manhattan, Kansas and surrounding areas next Friday, in the next installment of DUI Friday.
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DUI Friday is brought to you by Manhattan, KS Attorney.
When you get pulled over, it's typically for a minor traffic infraction such as failure to signal, failure to come to a complete stop, or the all-time cop favorite: "you had a tag light out." In Manhattan, KS another common reason for a policeman to pull over a vehicle is for swerving.
Once your vehicle is pulled over, a cop need only suspect you are under the influence in order to ask you to perform field sobriety tests. Things such as watery, blood shot eyes; slurred speech, confusion, and fumbling to get your ID are all "indicators" of intoxication by most cop's standards. The problem is, of course, these tests are completely subjective and each indicator can be caused by many, many other things. Another indicator cited on almost every police report I see for a DUI is odor of alcoholic beverage. Of course, we can't be there to check for smell at the time someone is pulled over, so there's no way to verify whether there was actually an odor of alcohol or where the odor was coming from. At this point, we are totally relying on the word of the law enforcement officer.
IMPORTANT POINT: when a cop asks you where you're coming from, you do not have to tell them. You are perfectly permitted to say "the north" instead of "Tubby's" or "Bobby T's."
So you've been pulled over, and something has made the officer believe that you're under the influence. He/she has pulled you out of the car and now wants you to do the walk and turn, stand on one foot, and the whole song and dance. These are standard field sobriety tests and you do not have to do them. You are in no way obligated to do a standard field sobriety test.
Now, whether you do the tests or not, the officer will probably ask you to do a preliminary breath test. This is a breath test that occurs out in the field. It is a small hand held device that you blow into to determine your blood alcohol content. If you refuse to take this test or fail this test, it is a traffic infraction in the State of Kansas. Here, it's important to note that if you fail or refuse this preliminary breath test, you have 14 days to request an administrative hearing from the Kansas Department of Revenue. This requests also costs $50 which needs to be sent within 14 days as well. It's important to contact an attorney as soon as possible so they may help you preserve your rights.
After the preliminary breath test, whether you failed or refused, if the officer has enough evidence, he/she will arrest you, read you your rights, and take you to the police station.
We will cover more on DUI arrests in Manhattan, Kansas and surrounding areas next Friday, in the next installment of DUI Friday.
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DUI Friday is brought to you by Manhattan, KS Attorney.
Wednesday, June 20, 2012
Country Stampede
Country Stampede officially starts tomorrow. This means Country Music fans from all over the state and surrounding states will be flocking to Manhattan to partake in what is, for many, their favorite vacation of the summer. Unfortunately, summer is often the time of year that the City of Manhattan schedules most of their road work and city construction projects because the students, who comprise a large part of Manhattan's population, have gone home for the summer.
This year is not exception and construction projects on K-18 between Ogden and Manhattan are in full effect. There is also construction projects being completed on Poyntz Avenue as well as McDowell Creek Road making access off I-70 for those coming from the West a major concern.
These construction areas are also areas that Riley County Police Department set up routine posts to catch people speeding. The problem with construction zones is that, in Kansas, fines double. This includes fines for following too close.
This brings me to the current new development at the RCPD, new camera technology which allows officers to determine how close, in terms of seconds, one vehicle is following another. This technology makes a following too close ticket, which was once very difficult to prosecute, an easy case to make in front of the court.
With this new enforcement capability, there's no doubt "following too closely" tickets will increase greatly in the Manhattan and surrounding Riley County area.
You don't have to take this ticket lying down, however, and should contact a Manhattan, KS attorney to help evaluate your "following too closely" ticket
This year is not exception and construction projects on K-18 between Ogden and Manhattan are in full effect. There is also construction projects being completed on Poyntz Avenue as well as McDowell Creek Road making access off I-70 for those coming from the West a major concern.
These construction areas are also areas that Riley County Police Department set up routine posts to catch people speeding. The problem with construction zones is that, in Kansas, fines double. This includes fines for following too close.
This brings me to the current new development at the RCPD, new camera technology which allows officers to determine how close, in terms of seconds, one vehicle is following another. This technology makes a following too close ticket, which was once very difficult to prosecute, an easy case to make in front of the court.
With this new enforcement capability, there's no doubt "following too closely" tickets will increase greatly in the Manhattan and surrounding Riley County area.
You don't have to take this ticket lying down, however, and should contact a Manhattan, KS attorney to help evaluate your "following too closely" ticket
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