Jason Bryan Billam’s Answers

Jason Bryan Billam

Olathe Criminal Defense Attorney.

Contributor Level 6
  1. Hi, How can I drop a criminal case against someone?

    Answered almost 3 years ago.

    1. Jason Bryan Billam
    2. Patrick Michael Lewis
    3. Kyle Christopher Simpson
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

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  2. Has Kansas good time law changed to 40%?

    Answered over 2 years ago.

    1. Jason Bryan Billam
    2. Patrick Michael Lewis
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 4 years ago.

    1. Jason Bryan Billam
    2. Keith John Bruno
    2 lawyer answers

    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...

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  4. Sentencing

    Answered over 4 years ago.

    1. Jason Bryan Billam
    2. Howard Woodley Bailey
    2 lawyer answers

    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....

  5. Good time credit/ early prison release in kansas

    Answered over 4 years ago.

    1. Jason Bryan Billam
    1 lawyer 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....

  6. Can probation be revoked after released from it?

    Answered over 4 years ago.

    1. Jason Bryan Billam
    1 lawyer 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...

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

    Answered over 4 years ago.

    1. Jason Bryan Billam
    1 lawyer 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...

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