Felony Drug Trafficking Charges in Geary County, Kansas

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

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

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

Felony Criminal Defense Attorney, Manhattan Kansas

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

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

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

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

DUI Expungements, Kansas

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

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

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

Country Stampede 2015

It's that time of year when the weather gets hot and the Tuttle Creek River Pond campgrounds start to get a little crazy.  It's Country Stampede time in Manhattan, Kansas.  Country music will be center stage for the entire Country Stampede weekend while more than 30,000 people camp out, party, and over-consume.

The party atmosphere and heavy drinking at Country Stampede also means there will be an abundance of law enforcement available to keep the peace.  They will be on the lookout for Driving Under the Influence (DUI) minor in consumption of alcohol, minor in possession of alcohol, and other alcohol related offenses.

A DUI at Country Stampede could land you in jail and ruin your weekend.  And MIP or MIC won't land you in jail, but it could really put a damper on things.

If you are being pulled over and you have been consuming alcohol, here is what you can expect:

1. The officer may ask you if you've been drinking.  This question will depend on the reason or offense he/she is pulling you over for.  If you failed to maintain a lane, it's likely you will get this question. If you're speeding, it may be less likely. If it's 2:30 a.m., you can expect the question almost 100% of the time.

2. If you answer "yes" to the question above or the officer detects alcohol or observes indications of driving under the influence, you are likely to be asked out of the vehicle.  A series of tests will be administered that will try to gauge your level of intoxication. You are NOT obligated to take these tests and you may politely decline them.

3.  The officer may also ask that you take a preliminary breath test or PBT.   The officer will tell you that a refusal of the PBT is a traffic infraction. If you blow and it is over a .08 blood alcohol level, you will be arrested for DUI and taken to the police station, either Riley County Police Department or the Pottawatomie County Sheriff's Office.

4. Once you get to the station you will be asked to take a breathalyzer via a large, carefully calibrated Intoxylizer machine which will measure your blood alcohol level.  This test, the one they conduct at the police station, is the test which is admissible in a criminal trial to prove that you are driving while under the influence (over .08).   If you blow over this number, you will be issued a citation for DUI, given a bond likely in the amount of 750.00, and be required to appear at the court date provided to you on your bond sheet.   The location where you were stopped will dictate what court you will have to appear in.

This is just a very rough run down of a DUI arrest process. There are many varied scenarios for how it can unfold that must be examined on a case-by-case basis.  If you find yourself with a DUI, MIP, or MIC while at Country Stampede, call an experienced Manhattan, Kansas DUI attorney.  

Fake Patty's Day 2015

Fake Patty's Day is upon us in the Manhattan, Kansas and local business as well as local law enforcement is gearing up for for a crowd.

It is well known that alcohol will be consumed in vast quantities during Fake Patty's and with over consumption comes a host of problems, the least of which is may be a hangover and some regret.

Riley County Police Department typically beef up security in Aggieville and surrounding areas. If you are under age and consuming alcohol, your chances of getting a minor in possession or a minor in consumption is significantly higher on Fake Patty's Day.

Driving under the influence (DUI) charges in Manhattan, Kansas may also see an uptick in frequency during this raucous weekend.

Typically a DUI will land you in jail for the night or until someone can bond you out.  MIP or MIC will usually result in a simple citation and a notice to appear or NTA at a certain date/time/courthouse in Manhattan.

For victims of DUI charges, there are important deadlines that need to be addressed and taken care of as soon as possible after receiving a DUI citation.  An experienced DUI attorney in Manhattan, Kansas can assist you and will know what those deadlines are and how to address them.

If you find yourself with more than a just regret and a banging hangover on the day after your Fake Patty's Day, contact our office for a consultation.