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Jason Bryan Billam

Jason Billam’s Answers

7 total

  • Has Kansas good time law changed to 40%?

    My best friends brother was sentenced 10 years in 2005. here is the charges: Aggravated Robbery 1 Non Drug-Grid Severity Level 5 Active Sedgwick 05CR954 Apr 14, 2005 Nov 17, 2005 Attempted Aggravated Robbery 1 Non Drug-Grid Severity Level 5 A...

    Jason’s Answer

    I agree with Mr. Lewis and would add that each time the legislature has amneded the good time credit in criminal cases, it has not been retroactive in nature. This means the change in credit would most likely only apply to cases sentenced after the change in good time becomes law.

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  • Hi, How can I drop a criminal case against someone?

    I was asked if I would like to press charges, the charge for was "criminal damage to property" which was mine but I said no, so I think the city may have filed it. What can I do? Thanks in advance!! =)

    Jason’s Answer

    In almost all instances in Kansas, the City or the State brings charges against someone. In your sistuation, you have declared your interest inthe case; however, you are a witness in the case against the defendnat brought on behalf of the City or State. In short, it is not your call as to whether the case is dismissed.

    This being said, you can cooperate only to the extent required under the law and this will send a message to the prosecutor that you have no intterest inthe case. For instance:

    Hire an attorney to represent your rights as a witness

    You are only required to attend Court if you are subpoened and if you are in Court your only obligation is to testify. You are not required to discuss the case with anyone prior to testifying, this includes police officers and any attorney. Of course you can also discuss the case with whomever you desire.

    You cannot make the case be dismissed or handled in a certain way; however, you can send a subtle or not-so-subtle message about how you feel the case should be handled by how much you volunteer to cooperate.

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  • Sentencing

    My boyfriend is in jail for 6 months for a probation violation. He recently plead guilty in another case to a level 9 person felony. He goes for sentencing in dec. The judge told him that he could do between 6-13 months for the felony. He has a pr...

    Jason’s Answer

    The Judge when giving the possible sentencing range for a felony in Kansas gives the range for each and every possible criminal history score. The Judge does not have the official criminal history until the PSI is completed and even then it is subject o defense objections.

    If you are correct on your assessment of his criminal history, then you have put him in the correct range. If there are additional convictions or adjudications, it could put him in a different box on the grid.

    Juvenile history can count depending on the history. Prior person felonies are computed in Kansas criminal history for life. Drug severity level 1-3 crimes and non-drug severity 1-5 will not deca and be counted for life. Non-person felonies levels 6-10 and misdemeanors decay from a person's criminal history at age 25.

    The Judge can run the cases consecutively or concurrently at the Judge's discretion. There are special sentencing rules that mandate consecutive sentences, but they come into play when both cases involve felonies.

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  • Can a friend expunge a 21-3414(a)(1)(A) AGG BATTERY/GREAT BODILY HARM (level 4) charge from their record in Kansas?

    I have a friend who currently resides in Kansas. He got into some trouble a few years back and was charged with 21-3414(a)(1)(A) AGG BATTERY/GREAT BODILY HARM (level 4) in the state of Kansas. Can he get this expunged from their record? If so, ho...

    Jason’s Answer

    Yes, the person will be eligible to have the conviction expunged. Your friend must wait 5 years after he is discharged from probation to request the expungement. The expungement is filed in the same court as the conviction occurred.

    There is a docketing fee and I would suggest hiring an attorney from the area to assist in the motion and argument before the Court. The Court will be scrutinizing your friend's life since the offense to see if his life changes warrant the expungement. An attorney can help focus the argument on the areas most beneficial to obtaining the expungement.

    If he chooses to go about it on his own, he will need to pay close attention to 21-4619 as it lays out the requirements for the expungement.

    Any law contacts beyond speeding tickets and stop sign violations will be detrimental to the expungement argument.

    Good luck.

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  • Good time credit/ early prison release in kansas

    My boyfriend recently got convicted of a level 9 person felony, he got 6 months for that. He's going to get 24 days of credit and 20% good time. We spoke to a sheriff who told us that since his time is so short (120 days) that the prison would mo...

    Jason’s Answer

    I have seen no legislation and believe none exists regarding the good time increasing to 40% for Kansas felonies of any level. Additionally, the last time there was an increase in the good time percentage the change was not retro active, it seems unlikely that would change for any future modification. So, since your boyfriend has already been sentenced it would not apply to him if it did exist.

    The DOC (Department of Corrections/Prison) will not let him out earlier then his 80% of 180 days. There is a chance he will not be moved to the DOC or prison; instead, he would stay in the county jail until he gets into his good time, receive his DOC number and be released on post-release. This is probably what the deputy sheriff was trying to explain and is a possibility for short sentences. The reason is because the firststep in the prison sysytem is to spend time in the diagnostic unit where they determine what facility a prisoner should be housed. It can take a couple of months. That is a lot of effort wasted for short sentences and sometimes the inmate will just stay in county.

    The Judge loses jurisdiction to modify a felony sentence after the sentencing in Kansas, except for probation violations. As a result, there will be no way to now go back and ask for probation. Plus, if it was part of the deal to not ask for probation, it would violate the plea negotiations to now ask for probation.

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  • Can my son really be charged with criminal threat over saying something to a harassing *67 phone caller?

    We had been receiving blocked calls all day long , the caller wouldn't say anything just listen then hang up, on about the 5th call and number of times telling the caller to stop calling , my son said something along the line that if he found out ...

    Jason’s Answer

    Criminal Threat is a level 9 person felony in Kansas. The sentencing range is from 5 to 17 months in prison and probation is presumed for most people without two prior person felonies.

    The crime itself involves a threat to communiate violence wherein the threat itself is designed to terrorize. The ability to find the person, to follow through, or the intent to follow through is not the determining factor. Making the threat is the crime.

    It does not appear to be a strong case for the State; however, the stakes are high because the resulting felony conviction will impact your son significantly. Talk to an attorney in your jurisdiction right away.

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  • Can probation be revoked after released from it?

    Was on city probation. was told if pay off fines will be released. Caught a new charge but paid off fine. The city attorney then waited 35 days after new charge to file motion to revoke. After i was off

    Jason’s Answer

    Generally, you can be revoked for what you do while on probation. As I read your timeline, your fines were not paid when you caught your new charge, so you were on probation at the time. This would possibly allow for the revocation. Paying the fines after the new case but before the revocation will not defeat the motion to revoke proabation.

    Most probations have a clause that allows the city or state 30 days after the probation expires to figure out if your probation was violated during the probation period. What this means is that if you have a 6 month probation, you are off probation after 6 months , but the city/state has until 7 months to figure out if you complied with your diversion throughout the six months. On day 6 months and 29 days you could be revoked for something that occured on 5 months 25 days but not for something that occurred 6 months and 5 days.

    If your particular probation had the 30 day clause and the city waited 35 days to file the probation revocation motion, it would be out of time.

    The particular start and end dates of the probation are critical as well as the exact language of the probation.

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