My daughter is 15. She was at the mall and shoplifted a $32 highlighter. She was with friends and knew they were stealing and even sort of helped. She only stole one thing but I know that it doesn't matter since she was involved everything was $16...
Assuming this is in Johnson County there may be a couple of different ways to avoid a felony adjudication. It would be impossible to say what will work or won't work without a complete file review, speaking with you and your daughter and negotiating with the prosecution.
This forum is not designed for setting of attorney prices or arranging representation in that way. There are many good lawyers who practice in the juvenile courts listed on Avvo. You should look at their listings under the find a lawyer section and decide who you may wish to hire. You can then contact one or more of them directly to set up an appointment. You should consider meeting with a couple of lawyers to find the best fit for your family. Of course price is an issue but do not make the mistake of choosing a lawyer based solely on price. You need to get the lawyer you feel comfortable with and who you believe will do the best job fror your daughter.See question
Got charged with criminal damage of property and have to sign my diversion papers on December 19th.
If it is in city court I would think it likely. In district court it is probably less likely but certainly still possible. Talk about any concerns you have with your lawyer.See question
I have a friend that did things with a 13 year old she knew it was wrong but she liked it and wanted to do it anyways that's what she been telling her friends she been brageing about to them he's scared out of his mind is there anything he can do...
The 13 year old can not give consent. It is simply illegal for a person to have any kind of sexual contact with a 13 year old. No school counselor, therapist, police officer, detective, prosecutor, judge or juror will ever say that the older person is not at fault. They will all say it is never the fault of of the child. The person on the street will also agree. It does not matter how "mature" the 13 year old seems or thinks she is. She is in the eyes of the law and everyone in the community a child.
As has been mentioned your friend, if he is over 18, is looking at a life sentence. He must not talk to anyone about it. He will not be able to explain his way out of it. He must not provide additional evidence against himself. He needs to get a lawyer on board now, not later. It may be possible to mitigate the damage.See question
Driving home back from taking the lady I care for and my sister in the car following driving rules under the speed limit and this other car speeding not Paying attention at all no brakes skid marks and hit the car hard enough for hers to have to b...
I can not say why the officer issued the ticket other than that he seems to believe you were not paying sufficient attention and that he can prove it in court. What facts he based that opinion on I can not know. You should contact a local attorney who does regular practice in that court to see what your chances are in taking care of the matter without a conviction.See question
My boyfriend is on community corrections in Kansas and was arrested on a new charge. Can his corrections be revoked or violated even though the charge was dismissed?
Yes, although it would be unusual. The standard of proof at a motion to revoke is lower than for a new charge. Therefore it is possible that the prosecutor believes he can prove a violation of probation even though he could not get a new conviction.See question
I'm currently on probation for a battery conviction in the state of Kansas but 4 months ago I was caught shoplifting but the charge was reduced to a littering charge and I paid a $300 fine. My question is did I ruin any chance of getting my batter...
Obviously a subsequent case is not good for your eventual expungement chances. That being said if you stay out of trouble until you are eligible for expungement you will probably be ok. It is always discretionary with the judge on whether to grant an expungement or not.See question
i have been accused of dui but the breath test is under the legal limit
A blood/breath alcohol level over .08% is only one of the ways for the prosecutor to prove DUI. They can also prove that a driver is "incapable of safely operating" the motor vehicle due to alcohol consumption, drug consumption, or a combination of both. They can attempt to prove it by means of testimony about driving, amount consumed, field sobriety tests, and other evidence.
You need the assistance of an experienced criminal defense attorney. If your license was take and you were given a DC-27 you must file for an administrative hearing within 14 days. Otherwise you will be suspended for a period of time regardless of whether you are ever convicted.See question
I was out partying with my friends and I was intoxicated(I never got charged for that). I dont really remember how all of it happened but i smashed someones car window. The cops showed up and charged me with criminal damage to property. My friends...
The charge is already on your record. What you need to do now is avoid a conviction. If it is a misdemeanor you could do up to 6 months in county jail. If it is a felony you are likely presumptive for probation, but that is not certain and is largely dependent on your record. Whether it can be dismissed depends on the evidence against you, the prosecutor, and many other factors. What you can and need to do is to get an experienced criminal defense lawyer helping you as soon as possible.See question
I have recently violated probation for a third time and have a set court date on a P.V. hearing. To date, I have 193 days time credit for time served in county on a 12 month sentence. Good time can only be taken away for negative behavior while in...
The math is quite simple. 20% of 12 months is 2.4 months. 12 months minus 2.4 months leaves 9.6 months. 9.6 months times 30 days per month is 288 days. 288 days minus 193 days leaves 95 days, or just over three months, left on the confinement portion of the sentence. Sometimes the Department of Corrections comes up with a day or two different. You can never be absolutely positive down to the exact day.
Now the real question is whether your information is exactly correct as to sentence, credit for time served and good time credit. Your attorney will need to look into that and insured that the journal entry reflects the correct information. Otherwise you may not get the credit you deserve.
An important note is that you were not "given" 20% good time credit at the time of sentence. The judge does not award good time. Only the DOC can do that and only then after you arrive in prison. The judge merely said you are eligible for up to 20% good time. It is up to DOC to decide whether to give it to you or not. They seldom deny credit for time served before revocation.
Remember that the judge also imposed post release supervision. It was probably 12 months. You will have to serve that time plus any time you get out early for good time after your release from prison before you are truly free of the sentence and supervision.See question
earlier in sept. my adult daughter was put thru a dui check point in tonganoxie,ks. she knew she had alcohol in her system and the officer could smell beer in the car. she refused the breath test in the field so she was arrested and taken to t...
Depending on which court she has been charged in and exactly what charges she is facing an attorney may be able to appear for her, at least at the beginning. She may have to eventually appear. It simply depends on how the case goes. If she is facing a charge of DUI she definitely needs the help of an experienced criminal defense attorney. If she can not afford to hire one the court will appoint an attorney to assist her, assuming she has more than simple traffic charges. The court will not appoint an attorney if she is not facing the possibility of jail time.See question