Paul Darrell Cramm’s 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...

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...

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.

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...

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...

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...

I would think the Court would be pleased to know your friend is participating in in-patient treatment. But definitely have a lawyer confirm this fact and provide verification to the Court.

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...

KS Romeo & Juliet law is codified as "Unlawful Voluntary Sexual Relations" If both parties are under 19 years of age and if not more than 4 years separates the age of both parties, then it is possible that the case could be charged a "Unlawful Voluntary Sexual Relations" but ONLY if the alleged 'victim' does in fact agree that the sexual activity was voluntary. If the sexual activity was forced or coerced, then the proper charge is rape. Certainly, one can imagine a situation wherein a 15...

The threshold for felony prosecution of a theft charge in KS is $1,000.00. It sounds like you used the company card 44 times over the 8 month period. I highly doubt that any one use eclipsed the $1,000.00 threshold for felony prosecution. However, unauthorized use of the credit device - the company card - likely constitutes the felony charge. How likely is the prosecutor to agree to a misdemenaor plea? Difficult to tell. That depends alot on the strength of the evidence, the complexity or...