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Patrick Michael Lewis
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Patrick Lewis’s Answers

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  • Can I be charged at a later date?

    I was pulled over because the officer saw my passenger using marijuana. Marijuana was found in the car. The passenger received a ticket; I did not. Marijuana is not legal in any form in my state.

    Patrick’s Answer

    Assuming you were pulled over in Kansas then the statute of limitations is five years. Yes, it could be charged later, although, based solely on what you have written, it would seem unlikely. If the officer was going to write you a ticket he could have right then. You may want to speak with an attorney in the location of the stop. Do not talk about the facts with anyone other than your lawyer.

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  • How can they get that charge to stick

    The cops took a phone out of a car I was in when they arrested me and we are 3 months later and they are charging me with sales of narcotics over a communications device and the cell phone nor the car are either one in my name.

    Patrick’s Answer

    It is impossible for you to know what all they have based their charges on. You only know what happened in front of you during your arrest. As other responses have pointed out do not make any admissions on this forum. What you type could be used against you. The state may have a very weak case that will not stick.. They may have a lot of evidence against you that you do not know about. Your attorney will get reports and be able to discuss it with you in detail.

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  • What if they find marijuana whilst testing for alcohol. Will I be arrested for that?

    I am about to start my diversion for a DUI. I had a 0.146 on the BAC. I know that they will probably test me for consuming alcohol. Whether it is a blood test or urine.

    Patrick’s Answer

    a UA or urine test or blood test for that matter alone cannot support a charge or conviction of possession of a drug. I suppose depending on how long you have been on bond for it could be grounds for revoking your bond in the current case. Discuss the matter with your attorney as soon as possible.

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  • I am wanting to know if the following charges are serious in the state of Kansas

    I am wanting to know if the following charges are serious in the state of Kansas and if they could possibly result in spending time in jail? #1 DISTRIBUTE MARIJUANA; < 25 GRAMS #2 Possession of opiate, opium, narcotic or certain stimulant #3 Ag...

    Patrick’s Answer

    Yes, they are serious.
    The distribution is presumptive prison regardless of your criminal history. the opiate possession and
    aggravated endangering are both felonies. The para should be a Class A misdemeanor. You could easily spend time in prison on charges like these. Hire a criminal defense attorney immediately.

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  • What is a typical diversion program for a first time DUI? Also, during diversion period can you consume alcohol at home?

    Got arrested for a DUI had a 0.146 on the BAC test. I have managed to get on diversion.

    Patrick’s Answer

    Although the statute authorizes diversion it leaves most of the conditions up to the individual prosecutor offices. Each will be a little bit different. Your diversion agreement will set out the terms of your. I would be absolutely shocked it it did not require that you get a drug and alcohol evaluation and follow all recommendations. I would be completely floored if it allowed you to drink or use drugs without a doctor's prescription. Read your agreement carefully. You do not want to mess up this chance to avoid a conviction.

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  • , what's the best advice you could give me to take care of this situation without going to jail and what is the worst scenario

    So I was supposed to do house arrest in Shawnee Kansas for driving on a suspended license , I didn't have the money to pay for it so I moved out of town. I've been having horrible dreams ever since that I'm wanted all over Kansas, what's the best ...

    Patrick’s Answer

    From what you have written there is probably a warrant out for your arrest. If so I can only advise you make arrangements to turn yourself in or hire an attorney to try to set it aside and get back into court. If there is a warrant, yes, you are "wanted all over Kansas." A warrant goes on law enforcement computers and you are subject to arrest anywhere, not just the city where it was issued. You cannot simply run away and expect the case will disappear. It sounds likely that you have already been convicted and sentenced. I assume the judge said a condition of a probation was to do some house arrest. If this is the case then you are on probation and the worst case scenario is that the judge could order you to serve the entire sentence in the county jail. Best case is that your attonrey convinces him to give you another chance on probation.

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  • Is there any way I can get this case dropped? My husband has written to to the district attorney and the judge.

    Last October, the police came to our home for a domestic disturbance call. My husband and I had an argument, during which I threw the TV remote and a few other household items. (I did not throw anything at anyone, just flung some things in anger.)...

    Patrick’s Answer

    You can hire an attorney to represent you, represent yourself (which I do not recommend(), or if you can not afford to hire an attorney ask the court to appoint one to represent you. Your husband's efforts may have some effect on the prosecutor but probably not much. Assuming this is in Johnson County District Court it is unlikely that the prosecution will dismiss the case just because your husband does not want it pursued. There is almost certainly nothing the judge can do about it. You may go to trial, work out a deal, or try for diversion. It is possible the state will dismiss but very unusual. Whether it goes to trial or has some other outcome is not something which could be answered in this format.

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  • Can they charge Him with the dv or gun n stil charge me with a false report

    Husband was charged with dv I did not tell the whole truth to police cause I was upset he is a felon n they found gun in the house but it is my gun I signed a affidavit saying I miss spoke to cops n gun is mine. I do not want charges pprssed becau...

    Patrick’s Answer

    Yes they can. You need to speak with a local criminal defense attorney immediately.

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  • My 43 year old troublemaker brother tore a $250. antenna off my Audi. He gets mad at family gatherings and explodes . ...

    Is vandalism considered domestic violence?

    Patrick’s Answer

    Whether a case is considered domestic violence depends a bit on who you ask. The federal government
    defines misdemeanor crime of domestic violence in 18 U.S.C. 922 (a) (33). Kansas has a definition in K.S.A. 22-4616 and K.S.A. 21-5111. The crime most people think of when they talk about domestic violence is domestic battery but it is broader than that.

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  • My question is why do I have to pay this bail money if i already paid off the ticket and did the entire jail sentence.

    So I am trying to get my license back and i was told i had to pay $8000 for jumping bail. It was a dumb move looking back at it but i did turn myself in and did all my time. Not sure if it is important but the ticket was for driving while suspen...

    Patrick’s Answer

    It sounds as though you posted a bond for eight thousand dollars and then did not go to court. A bond is a promise that you will come to court. The bond amount is the guarantee. If you did not come to court as ordered the judge can order you to pay the bond amount. This is a civil matter between you and the court and separate from the disposition on the underlying case. Failure to pay it can not result in additional jail time but can have all the consequences of any unpaid debt. Perhaps an attorney could get the bond forfeiture set aside or negotiate a lower forfeiture.

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