Paul Darrell Cramm’s Answers

Paul Darrell Cramm

Shawnee Mission Criminal Defense Attorney.

Contributor Level 5
  1. I was pulled over last night for a DWI. At the scene I blew a .16

    Answered over 1 year ago.

    1. Maury Devereau Beaulier
    2. Thomas C Gallagher
    3. Jay Edward Carey
    4. Paul Darrell Cramm
    5. Douglas Troy Kans
    6. ···
    6 lawyer answers

    If police released you to a responsible party at the scene after submitting a Preliminary Breath Test sample that was positive for alcohol at .16%, then you are probably one of the luckiest persons I can think of. Provided the traffic stop was valid, failure of a 'properly' administered Preliminary Breath Test will typically provide valid probable cause to arrest for further testing - breath or blood - at the police station. Perhaps the stop occurred one minute before this officer's shift was...

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  2. Policeman assumed I went sopping when baby set in car but I wasn't going to do that. How to make judge dismiss three charges?

    Answered over 1 year ago.

    1. Joseph Patrick Lesniak
    2. Robert C. Keller
    3. Paul Darrell Cramm
    4. William A. Jones Jr.
    5. David B Pittman
    5 lawyer answers

    Dismissal of the charges might be overly optimistic. But that does not mean that you would be found 'guilty' of the offense. Courts will generally 'dismiss' charges only where there is an abject absence of evidence to support one of the necessary legal elements of the offense. If 'some' evidence exists to support each of the necessary elements, then the Court is generally obligated to allow the case to proceed to trial. That evidence may satisfy the 'probable cause' standard, but may fall...

    6 lawyers agreed with this answer

  3. Simply Battery charge from 24 years ago.

    Answered over 1 year ago.

    1. Vitaliy Kertchen
    2. Paul Darrell Cramm
    3. Patrick Owen Earl
    4. William Peter Daley
    4 lawyer answers

    Definitely contact a qualified defense attorney in GA where the incident occurred to see if you can have the records expunged or vacated. If it was a misdemeanor offense with no prior or subsequent arrests or convictions, there should be some hope for having it expunged or vacated. If your current employer inquires, I think simply stating that the arrest was an unfortunate by-product of being in a relationship with an abusive partner is more than sufficient.

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  4. If someone makes up a story about being raped and tortured and names their attacker, are they guilty of a crime?

    Answered over 1 year ago.

    1. Patrick Michael Lewis
    2. Paul Darrell Cramm
    3. James Regan
    3 lawyer answers

    Certainly she would be guilty of filing a false police report if she had, in fact, reported this story to police. A general request that no one in particular do harm to someone else might be too vague to be actionable under the law. But I do believe local prosecutors would at least be curious to determine whether or not the offense of solicitation to commit a crime (battery) had occurred.

    3 lawyers agreed with this answer

  5. At trial will he be in his jail clothes?

    Answered over 1 year ago.

    1. Patrick Michael Lewis
    2. Paul Darrell Cramm
    3. Adebayo Ifasesan Kehinde Ogunmeno
    3 lawyer answers

    There is caselaw on point. The inference of guilt arising from appearance before the jury in jail attire is so strong that criminal defendants are entitled to wear street clothes for any appearance before a jury. I have actually succeeded in having the Court allow street clothes for any hearings where television or news cameras will be present, although that is certainly more difficult to achieve than for jury trial.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I was pulled over and charged with dui, breathalyzer was 0.00, however had to take urine test at county jail

    Answered 3 months ago.

    1. Gina Louise Simone
    2. Paul Darrell Cramm
    3. Jay Scott Finnecy
    4. Omer Jaleel
    4 lawyer answers

    It always amazes me how people would never dream of drilling their own teeth or performing their own surgery, but at the same time are so eager to provide their legal advice and representation. One strategy may be to simply set the matter for trial, triggering the statutory 'speedy trial' limit of 180 days for an out-of-custody defendant. Force the City to take the continuances - which do not toll the limitations period. If the City cannot proceed before expiration of the limitations period...

    1 lawyer agreed with this answer

  7. If a crime is committed as a juvenile, but discovered when that juvenile is an adult, is it a juvenile case or adult case?

    Answered over 1 year ago.

    1. Adebayo Ifasesan Kehinde Ogunmeno
    2. Paul Darrell Cramm
    3. James Regan
    3 lawyer answers

    The general rule is that the individual would be charged according to his status when the crime was committed, not when the crime was discovered. This is loosely analogous to the general requirement that courts apply the statutes and penalty provisions that existed at the time a crime was committed. However, it is also true that the prosecutor may file a motion to waive the individuals to adult status based on statutory factors including the severity of the offense, whether or not the offense...

    1 lawyer agreed with this answer

  8. What do i do now?

    Answered over 1 year ago.

    1. Patrick Michael Lewis
    2. Paul Darrell Cramm
    2 lawyer answers

    Can you contact your insurance agent and see if they can provide you with a hard copy of your proof of insurance? Can you e-mail the proof of insurance to yourself and pay the nominal fee ad any Fed-X/Kinkos to use a 'public' computer to access your email and print the attachment. I know for a fact that the DMV has a public fax machine sitting in the middle of the waiting area for persons to have their insurance companies fax proof of insurance for registration purposes. Maybe the Court...

    1 lawyer agreed with this answer

  9. Fiance was senteced monday for 24 months, needs back surgery and already getting worse on the back anything we can do for him?

    Answered over 1 year ago.

    1. Paul Darrell Cramm
    2. Barry Franklin Poulson
    2 lawyer answers

    Medical treatment while in custody is a challenging issue. However, the State Department of Corrections is responsible for the health of persons in its custody. Clearly, if an inmate is experiencing an emergency medical situation beyond the scope of care available through the prison's medical facility, outside treatment is warranted. The problem is that the Department of Corrections may not see chronic pain and neuropathy (numbness, tingling) as an 'emergency' medical situation. See if your...

    1 lawyer agreed with this answer

  10. I applied for diversion on a dui case but now would like to just plead out is that possible

    Answered over 2 years ago.

    1. Catherine Ann Zigtema
    2. Patrick Michael Lewis
    3. Paul Darrell Cramm
    4. Jimmie David Gentle
    5. Jon Martin Pettis
    5 lawyer answers

    In my experience the terms, conditions and restrictions of a Diversion contract for a first offense DUI charge are often virtually identical to the terms and conditions of probation for a first offense DUI. An example is a client who held a Commercial Driver's License at the time of the DUI arrest. Even though he or she has no prior alcohol related driving offenses and there are no aggravating circumstances, holders of CDLs in Kansas are ineligible for Diversion of a DUI offense. For these...

    1 lawyer agreed with this answer

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