Showing posts with label Municipal Court. Show all posts
Showing posts with label Municipal Court. Show all posts

Thursday, June 25, 2015

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.  

Thursday, June 27, 2013

Minor in Possession in Pottawatomie County: Country Stampede


Country Stampede has officially begun! If you’re underage and happen to receive a minor in possession while enjoying the concert, then you need to know your next move. First, what is a minor in possession? A minor in possession, or M.I.P., is any one under the age of 21 who is found to possess, obtain, purchase, or attempt to purchase alcohol. A minor in possession is a Class C misdemeanor.

Much like an M.I.C., a minor in possession in Pottawatomie County or Riley County are punishable with a fine up to $500, community service, and a certificate of completion from an Alcohol Education class. For your first offense, you could also possibly lose current or future driving privileges for 30 days.

While this may not sound like a big deal, DON’T throw that ticket away thinking the citation will disappear. If you fail to appear at your court appearance, three months later you will receive a notification that your driver’s license has been suspended. Needless to say, the sooner you contact a knowledgeable Kansas Attorney to represent you the sooner he or she will be able to guide you through the legal process.

For a free consultation regarding your Minor in Possession in Pottawatomie County, contact a Defense Attorney in the Pottawatomie County area, and speak directly with our helpful staff today.

Tuesday, June 25, 2013

Minor in Consumption at Country Stampede

With Country Stampede right around the corner, there are some things everyone should know to protect themselves and their records while still enjoying the concert. If you happen to receive a “Minor in Consumption” in the State of Kansas, during Country Stampede, or any time in the year, it is important to know exactly what you are facing. A minor in consumption, also known as an M.I.C., is a citation given to any minor who is under the age of 21 and found to have been drinking but does not have alcohol in his or her possession. In the state of Kansas, a Minor in Consumption is a Class C misdemeanor. A M.I.C. charge can be punishable by a hefty fine, hours of community service, and a certificate of completion of an educational program that deals with the effects of alcohol.

For a free consultation regarding your Minor in Consumption, contact a local Riley County Criminal Defense Attorney. The sooner you have contacted a Kansas attorney to represent you the sooner he or she can help you navigate your way through your Minor in Consumption and all the steps that will need to be taken in Pottawatomie County, Riley County, or Manhattan Municipal Court.

Tuesday, March 19, 2013

Manhattan, KS Criminal Defense Attorney - Personalized Representation

Needing a criminal defense attorney? When I get a call from someone in trouble with the law a common question is: "Can I just go do it myself?"

If you're charged with a crime in Manhattan Municipal Court or Riley County District Court getting a favorable resolution is not your typical do-it-yourself projects. 

There are a number of steps that must be taken in order to fully prepare for defending a criminal case.  It won't be enough to just go in front of the judge and explain what happened and why you shouldn't be convicted of the crime charged.   If you want a chance to do that, you will have to have a trial and you will have to testify.  Unfortunately you will likely be testifying against a police officer who made a report of the alleged crime shortly after the arrest or citation was made.  This means that the Riley County Police Department officer will have things in front of him or her that will refresh their recollection of the event and their testimony will likely carry more weight than yours.

It's not always right, but that's often the way it is.  Luckily, there are ways to prepare your case so that you will have a fighting chance.

Of the things you can do in order to fully prepare for a criminal defense trial, many are not obvious.  A criminal defense attorney with experience evaluating, trying, and defending criminal charges in Riley County and Manhattan, KS will give you your best shot.  Contact our Manhattan, KS law office for a no-cost consultation.  At our new downtown Manhattan location, our staff will give you the personalized representation you deserve.  When you call, you'll talk directly to a Manhattan, KS attorney who regularly practices in Manhattan, KS, Junction City, KS, and Pottawatomie County.

This is not legal advice but simply a blog written by the folks over at  Blake Robinson Attorney at Law in Manhattan, KS for information purposes only.

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.

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

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.  

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. 

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.

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.

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.


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.

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.  


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.