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William David Langston

William Langston’s Answers

24 total

  • Can something be considered a previous conviction if it happened AFTER an event you are being charged with.

    I am being charged for an alleged theft from 2010. I pled guilty to another theft in 2011 in order to avoid trial and get an expungement. Can they consider the 2011 a "prior" even though the charges i'm being tried on are from 2010?

    William’s Answer

    The answer is yes in Kansas. The controlling date is the date of the
    conviction. Therefore, a 2011 conviction will be a prior offense if the
    2010 case is still pending.
    In Missouri there are no binding sentencing guidelines. Therefore, the
    sentencing impact will be different. You must consult with an aggressive
    criminal defense lawyer. Your freedom depends on it!

    Wm. David Langston
    >

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  • Is there a 30 day "no mess up" period after probation sentence is served?

    I will let off of probation early in less than a month. I have been told (by friends and drug counselor) that there is a period of 30 days after you are released from probation in which the court can call you back for a drug test. Is this true or ...

    William’s Answer

    Once your probation is successfully completed you are no longer under the
    jurisdiction of the court. However, most courts reserve an additional 30 to
    90 days to bring violations that occurred DURING the probation period
    before the court.

    Wm. David Langston
    >

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  • I have a level 4 felony possesion of meth 0.02 grams. I have no priors, never been introuble.The DA says jail time is this right

    i have a level 4 felony possesion of meth 0.02 grams. I have no priors, never been introuble.The DA says jail time is this right

    William’s Answer

    Kansas drug laws are very harsh and can result in prison sentences even for
    first offenders with small drug quantities. Meth is particularly treated
    harshly. You must retain an aggressive criminal defense attorney to fully
    investigate and defend your case. Your constitutional rights will never be
    more important to you.

    Wm. David Langston
    >

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  • My girlfriend was arrested on her third felony a few days ago what does this mean?

    my girlfriend did 7 months for a few misdemeanor theft cases along with one felony theft case she was recently paroled. she got caught shop lifting yet again and they charged her with a felony based on her priors. also while going through her bag ...

    William’s Answer

    If convicted, your girlfriend may spend many years in prison on the new
    felonies. The parole prison time could be added to the lengthy prison
    sentence amounting to even more prison time. You must retain the best
    criminal defense lawyer you can afford.

    Wm. David Langston
    >

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  • With Diversion do you go to jail?

    I'm freaking out because my next court schedule says INTAKE and I'm wondering does intake mean to jail? I already have been approved for diversion

    William’s Answer

    Intake refers to your first meeting with your diversion monitor. It does
    not mean intake to jail. These are the questions a criminal defense
    attorney would help you with. In my opinion, courts do a great disservice
    to people by allowing them to represent themselves in criminal cases. It
    causes a great deal of confusion and anxiety. Good luck.

    Wm. David Langston
    >

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  • Felony theft

    in the state of kansas if you steal from a store and the amount is over a thousand are they obligated to take you to jail? what does it mean to have probable cause on someone? and if they have video of you doing it yet you get away from the people...

    William’s Answer

    Your question raises legal issues which could have serious consequences.
    You must contact an aggressive criminal defense lawyer immediately.

    Wm. David Langston
    >

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  • 3rd DWS, speeding ticket,

    recieved a habitual violator ticket in 2004 and had license revoked until 2012, i cant make a living without occasionally driving. what can i do?

    William’s Answer

    There is no provision in Kansas law for a hardship driving priveledge when you have been classified as an habitual violator. If you continue to be cited for traffic violations you risk the loss of your driving priveledge for life.

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  • I'm 18 and received an MIP last night. What should I do?

    I was at the pool at my apartment complex last night with some friends. I tried to lie my way out of the ticket which almost screwed me over. When the cop asked me to take a breathalizer, I agreed because I thought he'd just let me go. When I took...

    William’s Answer

    It is always desirable to obtain the counsel of an attorney before appearing in a criminal court. If you are found to be without funds by the court to retain a private attorney a lawyer may be appointed to represent you. You should investigate this option before making any final decision. Any stain on your criminal history could cause you problems in the future.

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  • I was charged with misdemeanor DV and crimal damage to property. What lesser charge could I plea to.

    I home school, the arresting officer said I was the nicest person he ever arrested. No prior record, 50 cents of damage to nail a door trim back on, a red rash from kicking was the DV. Judge let me sign my self out on bond. granted diverson and 7...

    William’s Answer

    You should seek the counsel of a knowledgeable and aggressive criminal defense attorney. Your lawyer should thoroughly investigate the facts of your case and analyze the law applicable to your facts. Diversion can offer a good "fall-back" position if the evidence does not dictate a trial. Diversion allows you the opportunity to avoid serving jail time and keeping your public criminal history clean. However, diversion has rigorous conditions that must be followed to the letter. An acquittal following trial is always the desired outcome.

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  • Is it too late?

    I have a friend that was involved in a situation where a person was shot. He was charged with aggravated kidnapping (given 13yrs max sentence vs 5yrs) along with the 2 other parties. He was sentenced the maximum due to insufficient council. He has...

    William’s Answer

    The answer to your question involves specific facts not included in your question. To petition the Court for relief based on ineffective assistance of counsel the legal documents must be filed with the Court within one year of exhausting all appellate options. The most important date was when the Court of Appeals made its final decision (Mandate). An experienced and aggressive criminal defense lawyer should be consulted.

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