Kansas Criminal Defense Legal Questions

You should contact a KS attorney about seeking an expungement of your criminal record.  In all likelihood the charges show up as "disposition not found" on your national criminal record.  Filing a motion for expungement will force the prosecutor to make a decision and deal with the case.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Many crimes are punishable by both a fine and imprisonment. If your sentence includes both a jail or prison term and a fine, you remain obligated to pay the fine after you are released from prison. If you are subject to supervision upon release, your supervising officer should be able to establish a payment schedule for you, based on what you can afford. You should not ignore the fine, because wilful failure to pay a fine, in many jurisdictions, can result in additional punishment. In Kansas, where you are from, some crimes require the judge to impose a mandatory minimum fine, regardless of your financial ability to pay. In such cases, the judge will only consider your ability to pay if he or she is considering imposing a fine greater than the minimum amount required. On the other hand, if the crime you were convicted of does not mandate a minimum fine -- meaning the fine is within the court's discretion -- or you were sentenced under a statute that provides for either a fine or community service, the judge should have considered your ability to pay before imposing the fine. In addition to a fine, the Court may have imposed court costs and/or restitution to the victim of your crime at the time you were sentenced. In Kansas, courts may even require indigent defendants to pay some or all of the cost for their court-appointed attorney. I recommend you consult with an experienced Kansas criminal defense attorney who can review your sentencing order and advise you as to whether there are grounds to challenge or seek a modification of the fine or costs imposed. If a challenge or modification is unlikely to succeed, your attorney may be able to assist you in negotiating a payment plan that fits your budget. .Jeralyn Merritt, Member since 1998 ... Read More

Yes, a parent can be made to testify against a child. There is no parent-child privilege, as we found out when Monica Lewinsky's mother was called as a witness before the grand jury which was investigating Monica's conduct with former President Clinton. Examples of privileges that do exist are those between husband and wife, attorney and client, doctor and patient, priest and penitent. Many people believe that there is a need for a family privilege in this country, but so far the federal courts have refused to recognize it. I'm not aware of any states that provide for such protection. And family privilege bills that have been introduced to date before Congress have not passed. Further, even if there were such a privilege, if the parent and child engaged in the criminal activity together, the privilege wouldn't apply. This is called the "crime-fraud" exception to testimonial privilege.... Read More

Yes. There is no parent-child privilege. Remember Marcia Lewis, the mother of Monica Lewinsky, who left the courthouse physically ill after being forced to testify before the grand jury about her daughter and President Clinton? The general rule is that all relevant evidence is admissible in criminal trials. Testimonial privileges protecting communications between two individuals are exceptions to this rule and must be specifically recognized in the law. Examples of such privileges are communications between spouses, doctor or psychotherapist and patient, attorney and client, and priest and penitent. Many scholars and others argue that the sanctity of the family relationship and the right to privacy justify the creation of a family privilege. By protecting communications made in confidence between parent and child, they argue, a privilege both preserves the right of privacy of the relationship and even more importantly, encourages open communications between the parent and child. Exceptions are made to all privileges for what is called the "crime-fraud" exception where both parties are participants in the crime charged. If a family privilege is ever enacted, an exception will likely be built in so that it would not apply to cases where one parent committed a crime against the other or their child. Only one federal court to date, in Nevada, has recognized a parent-child privilege. Until such a privilege is created by Congress or state legislatures, a parent can be made to testify against their child in a criminal trial. ... Read More

No, you do not have to answer any questions or supply names to the authorities. Neither you nor anyone else has a legal obligation to assist the police in solving a crime. While you may feel morally obligated to do so, you should not confuse this with a legal obligation. There is none. No one can make you take a polygraph. Even if you did take a polygraph, it would not be admissible against you in court. If you are even thinking about taking a polygraph, you should seek legal counsel first. If you are concerned about appearing non-cooperative, you might write a note to the principal stating that contrary to what they have been led to believe, you don''t know the identity of the person who made the bomb threat and that you refuse to supply names based on rumor, innuendo and speculation. Your note also might advise that you refuse to answer further questions without a competent criminal defense attorney present. Of course, these answers pertain to actions legal authorities may or may not take against you. "Civic" punishment that your school might mete out for non-cooperation is not something I can advise you on, particularly without knowing if you attend a public or private school. While no school can force you to answer questions, supply names or take a polygraph, a private school might be allowed to discipline you for refusing to do so.... Read More