Paul Cramm’s Answers
24 total
I was pulled over and charged with dui, breathalyzer was 0.00, however had to take urine test at county jailARCHIVED
Paul’s Answer
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 for lack of evidence (KBI Lab Report) dismissal is the result. Note that the dismissal may likely be 'without' prejudice - meaning that the City may refile if and when they receive KBI lab reports. But plodding along for 2 1/2 years without ever requesting a trial setting and triggering the limitations period seems to be an unfortunate approach.
I got diversion for a domestic battery charge and completed it successfully. Is it off my record? Do I tell employers about it?
Paul’s Answer
Definitely disclose this incident. Record of the charge and the diversion disposition will be avaialble unless expunged. KS requires 3 years after successful completion of Diversion before filing a request to expunge an offense.
Ticket for driving without a license?ARCHIVED
Paul’s Answer
Definitely seek the assistance of an experienced defense attorney. Also, try to get licensed as soon as possible.
Aggravated assault charges.
Paul’s Answer
Definitely hire an experienced and aggressive criminal defense attorney. Aggravated assault typically requires proof of the element of intent or recklessness. If your husband discharged the weapon in good faith belief of risk of harm to himself or family, it does not seem to me as though his conduct was either intentional or reckless with regard to the neighbor. He may be liable for property damage, but the criminal charges seem a bit over-reaching based on the facts as you have presented them.
At trial will he be in his jail clothes?ARCHIVED
Paul’s Answer
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.
If I fail diversion for a dui can I get probation?ARCHIVED
Paul’s Answer
It may be possible to 'salvage' your Diversion. That would depend upon the nature of the alleged violation. If the Court does sustain the city's Motion to Revoke Diversion, you would face conviction for the underlying DUI. Although you would likely be eligible for probation, you would need to serve the statutory mandatory minimum jail term before being eligible for probation. Moreover, entry of a formal 'conviction' for DUI would trigger suspension of your license even though you had a technical defense to the 'administrative' suspension.
If someone makes up a story about being raped and tortured and names their attacker, are they guilty of a crime?ARCHIVED
Paul’s Answer
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.
If a crime is committed as a juvenile, but discovered when that juvenile is an adult, is it a juvenile case or adult case?
Paul’s Answer
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 would constitute a 'person' crime if commmitted by an adult, whether or not the individuals have prior juvenile adjudications, and the age of the individual. At age 18, it is likely that there are comparatively fewer available resources in the juvenile system. Definitely contact a criminal defense attorney with experience in the juvenile system.
An 18 year old was charged with rape of a minor and indecent liberties with a child under 16.ARCHIVED
Paul’s Answer
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 year old girl voluntarily engages in sexual activity with her 18 year old boyfriend and when discovered by her parents, claims that the conduct was NOT voluntary in order to 'save face' at home. Easier to tell mom and dad that the older boy forced or coerced her than to admit to voluntarily engaging in sexual activity? If the defendant is certain that all activity was voluntary, then perhaps a carefully prepared cross examination of the victim at preliminary hearing is the best course of action.
Can I get the felony charges dropped to probation. They are wanting to charge me with 44 counts of theft.ARCHIVED
Paul’s Answer
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 difficulty in presenting that evidence at trial, your criminal history, just to name a few factors. My hunch is that based on the period of time that this went on along with the heightened fiduciary dury and trust that exists in the employer/employee repationship, it may be difficult to get this prosecutor to back down to a misdemenaor charge.