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Patrick Michael Lewis
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Patrick Lewis’s Answers

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  • I am being charged with drug charges. Me and another person are in the same case together. He has criminal record, I don't.

    today both of our cases got dismissed by the state he is in jail I'm out on bond I called and he is on federal hold I checked back couple hours later and my case seems to have not been dismissed and his has. What does this mean if I had already se...

    Patrick’s Answer

    There really is no way to know what is going on with your situation from your post. If the case was dismissed then you don't have a court date. If you have a court date it was not dismissed. You must talk with your attorney immediately.

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  • Protection From Abuse order entered against me, is it violation to send letter to his friend asking if he would send to him

    husband file PFA against wife, divorce with kids, wife sends letter to friend of husband asking him if he would send letter on to husbnad

    Patrick’s Answer

    Yes, that is absolutely a violation of the no contact order.

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  • Court bonding stated ORCD or cash surety, jail cashier did not honor the ORCD and husband was taken to jail while waiting bond.

    Husband charged with a level 9, non-person, criminal property damage >1000 <25000 for damage to items we both own. The court released him on ORCD $1000 bond with 10% down and said to pay the cashier $100 and he would be able to sign himself out. T...

    Patrick’s Answer

    • Selected as best answer

    The problem with the bond will not result in dismissal. That will be considered, I am afraid, totally unrelated to the merits of the case. You are correct in that the State is prosecuting him, not you. This means that the prosecutor does not have to follow your wishes in the disposition of the case. The fact that you have not filed for a protection from abuse order and are not requesting restitution also do not control the outcome. The elements are damage to property that another has an interest in without that person's permission. There may be factual defenses depending on what is in the reports and on video. There may be ways to avoid conviction even if the factual defenses are weak. Your husband needs the help of an experienced criminal defense attorney immediately.

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  • I was charged for shoplifting at Walmart. I'm worried I won't meet my diversion requirement and they may reopen.

    I was charged for shoplifting at Walmart. For less than $1000. I entered into a diversion agreement, being my first ever offense. The incident was about seven months ago and I've been on diversion for six. I've paid all fines, restitutions, and co...

    Patrick’s Answer

    if you have a hot UA the prosecutor will probably file a motion to revoke the diversion. IF the diversion is revoked you are looking at a likelihood of being convicted as charged because you waived your right to contest the evidence as part of your diversion. An attorney may, and I can only say may, be able to help keep the diversion from being revoked of negotiate a lower charge and probation if you are revoked.

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  • Can a first offense/misdemeanor non violent crime include jail time. If so how to avoid prison and a criminal record. im 22

    I was stopped in walmart for theft of about $313 worth of merchandise. Im a struggling college student and when they asked what was my reason I told them this. They took my information and told me that I am banned from Lawrence Walmarts forever. T...

    Patrick’s Answer

    Theft is a Class A misdemeanor, punishable by up to one year in the county jail or a fine of up to $2,500.00 or both. The judge can place you on probation or not as he so chooses. You may be eligible for diversion which could help you avoid any conviction. Your biggest problem may be in trying to get the matter disposed of before moving.. That could be very difficult. No, you can not serve time in Texas.

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  • I'm in Kansas and on drug diversion for a pipe. I don't feel like doing diversion. I'd rather have jail time.

    I have 9 months of diversion. Wondering how long I would have in juvie if I was to tell my cso I can't do diversion or probation. I'm gonna mess up anyways.

    Patrick’s Answer

    If you are on diversion for a juvenile charge you are in District Court. As a juvenile the normal concepts of length of sentence do not apply. You should talk with your attorney about whether he thinks he can get the prosecution to agree to revoke the diversion and recommend a certain period of incarceration and if he believes the judge would follow the recommendation. Neither Johnson County juvenile judge likes to place kids in custody, They would both rather put you on probation. That is more difficult than diversion. Think it over and talk to your lawyer.

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  • Misdemeanor in shoplifting: many questions

    me and my friends decided to be stupid and shoplift at kohls. We got stopped and the police came. We have a court date, and we are waiting for a letter to come (something to do with court date) and recieved a letter from kohls saying we owe them m...

    Patrick’s Answer

    If you were arrested in Johnson County and ordered to go to court an attorney will be appointed to represent you. The court always does this. You can go with this lawyer, hire one of your choosing or ask to represent yourself. I do not believe the judge has ever let a minor represent themselves once the matter goes to court. If you are convicted the judge may order you to pay the county the cost of your appointed lawyer.

    Diversion may be an option which will allow you to avoid a conviction. You can also always try to negotiate a deal or go to trial.

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  • I am trying to join the army, but is there any way to get released from the diversion?

    I am on diversion under public sex and it has been months. I finished all the test and work in army, but they said I had to be released from the diversion. Recruiter said I had to be released because of something else, not because of army. They wo...

    Patrick’s Answer

    Possibly is the only answer that can really be given. Contact your attorney and ask about filing a motion to terminate early. The prosecution may be willing and they may not.

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  • I threatened my ex via text. Come over and I will blow your head off!

    I was arrested and charged with felony criminal threat? I don't own a gun.

    Patrick’s Answer

    First things first; do not make anymore statements about the facts. Anything you say or type can be used against you as an admission or confession.

    Second, you need the help of an experienced criminal defense attorney immediately. You have been charged with a felony. There is the potential for penitentiary time even if this is your first offense. A felony on your record will have serious consequences for your future even if you do not have to go to prison.

    Third, the crime of criminal threat in Kansas does not require an ability to carry out the threat, merely that it be a threat to commit violence and that it cause or could cause fear in the victim. If they believed you actually had a gun and used it to commit a threat the charge would be aggravated assault. That is an even more serous crime. The elements of criminal threat are set out in 21-5415. 

    Criminal threat; aggravated criminal threat. (a) A criminal threat is any threat to:

    (1) Commit violence communicated with intent to place another in fear, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any building, place of assembly or facility of transportation, or in reckless disregard of the risk of causing such fear or evacuation, lock down or disruption in regular, ongoing activities;

    (2) adulterate or contaminate any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply; or

    (3) expose any animal in this state to any contagious or infectious disease.

    (b) Aggravated criminal threat is the commission of a criminal threat, as defined in subsection (a), when a public, commercial or industrial building, place of assembly or facility of transportation is evacuated, locked down or disrupted as to regular, ongoing activities as a result of the threat.

    (c) (1) A criminal threat is a severity level 9, person felony.

    (2) Aggravated criminal threat is a severity level 5, person felony.

    (d) As used in this section, "threat" includes any statement that one has committed any action described by subsection (a).

    Your having a gun or not is not an element of the crime. Possibly and I only say possibly, your ex's knowledge about your gun ownership could have an effect on the case.
    Get help as soon as possible.

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  • Can I get an Registered Nursing license with dismissed misdeminor charge of prostiution?

    I was arrested and charged with prostitution but the case was dismissed by the judge after I did a counseling program. I am looking into getting into a Nursing degree/program which upon completing allows me to take the nursing test and apply for t...

    Patrick’s Answer

    This exact question asks about conviction, plea of guilty, no contest, or similar plea.
    If the case was dismissed without a conviction, plea of guilty, no contest, or similar plea then the
    answer is no. HOWEVER, you need to confirm this is the situation. Contact your attorney from the case to be sure. Sometimes people either don't understand exactly how some thing happened or do not remember it properly. You do not want to answer incorrectly and potentially waste your effort.

    Be certain this is exactly the question. If the wording is different you could have a different answer. Also understand that the question could change between now and when you would finish schooling.

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