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Nicholas David

Nicholas David’s Answers

54 total


  • Can my 2nd amendment rights be restored?

    Nicholas’s Answer

    You have not posted enough information for an attorney to answer this question. At a minimum, a criminal defense attorney will need to see the journal entry from your prior case and more information than that may be required. Be prepared to pay a lawyer a few hundred dollars to properly research this so that you can receive accurate advice.

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  • Can she get into any type of trouble ? What things could the state do if they wanted to ?

    Nicholas’s Answer

    In Kansas, the age of consent is 16 so nothing will happen to her unless there was nonconsensual activity.

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  • Who is responsible for telling subpoenaed witnesses that a court date has been changed?

    Nicholas’s Answer

    If the date to appear has changed, the party compelling the witness' attendance needs to issue a new subpoena with the new court date and serve the new subpoena on the witness.

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  • What should I do if I missed my court date?

    Nicholas’s Answer

    You need to take care of this as soon as possible. If you do nothing, either your driver's license will be suspended or a warrant will be issued for your arrest. Start by calling the court clerk where you missed court and see if they will allow you to reschedule. Municipal courts often offer this but will charge you a fee. If this is the case, you will need to pay the fee. If there is a warrant out for your arrest and you cannot pay a fee to have it recalled you need to contact a lawyer to represent you so you are not arrested.

    Once the failure to appear is cleared up, go to court and bring proof that your tags are fixed and nicely ask the prosecutor to dismiss your case. If they refuse, you can consider hiring a lawyer but it will probably cost more than the ticket.

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  • I’m on a SR-22 insurance and I got pulled over in my girls car unaware her tags been expired since April 2020. What happens?

    Nicholas’s Answer

    Get the tags renewed then nicely ask the prosecutor (County Attorney/City Attorney) to dismiss your case at your court date. If they refuse after you ask nicely, request a continuance from the Judge so you can hire an attorney.

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  • Can a child endangerment charge (pled no contest) be expunged ?

    Nicholas’s Answer

    Unfortunately, Kansas law expressly prohibits expungement for child endangerment convictions so you cannot expunge your conviction. However, you may still be able to obtain a nursing license but you will need to speak with a lawyer to assist you in your application to the Board of Nursing to become licensed with that conviction on your record.

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  • What is the statute of limitations for a traffic ticket in Kansas?

    Nicholas’s Answer

    The statute of limitations for speeding is 5 years but that doesn't apply in your situation. It doesn't apply because the statute of limitations limits when a case may be filed and your case has already been filed. Also, the Department of Revenue can suspend your license indefinitely until you take care of unpaid tickets. If you want to check on the status of your Kansas license you can use the Department of Revenue's online tool here: https://www.kdor.ks.gov/Apps/DLStatus/login.aspx

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  • What can a lawyer do for a no insurance and no registration violation?

    Nicholas’s Answer

    If you don't have a history of traffic tickets you can try applying for diversion. To do so fill out an application with the agency that is prosecuting you. If you get approved you will pay a hefty fine but keep a clean record. If you're denied talk to a lawyer who can work with you on potentially amending the ticket.

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  • How will I be contacted for a notice to appear if I moved to another state? Will they put an arrest warrant out for me?

    Nicholas’s Answer

    You will not be served with a notice to appear if your address is not on file with the clerk of the district court. Even though you are not being served, you do have a court date and if you don't appear a warrant will be issued for your arrest. To avoid being arrested, you should either hire a lawyer immediately and follow his or her advice on taking care of your case. If you cannot afford a lawyer, you should call the clerk of the district court in the county where your charges are pending and ask them for your court date and time. You will need to appear in person at that time and you can apply for a court appointed lawyer if you cannot afford to hire a lawyer. You should then follow that lawyer's advice.

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  • Is it a felony (or against any law) to make personal charges on a personal credit card if you are an authorized user?

    Nicholas’s Answer

    Using a company credit card to purchase personal items could be considered theft under certain circumstances. Whether you could be charged with a felony depends several factors including the amount of money allegedly charged.

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