Tuesday, March 13, 2012

Charged with a DUI in Kansas?

If you have been charged with a DUI / Drunk Driving in Kansas you need help.You need the advice of an experienced DUI defense lawyer and you need it now.

Did you know that you only have 14 days to request an administrative hearing to try to preserve you ability to drive in Kansas?

Did you know that if you don't request a hearing you will automatically loose your license?

Did you know that you don't have to take field sobriety tests in Kansas?

Did you know that every level of DUI conviction in Kansas has mandatory jail time?

You need to sit down with an experienced DUI attorney and start addressing the case right away.  Watch the video below to find out more about DUI charges in Kansas, and visit Kansas-Criminal-Defense.com for more info.

Tuesday, March 6, 2012

Criminal Charges filed against Jailor over Excessive Force

Looks like a jailor is in some hot water.  Many detention officers are really good people that perform a service to the tax payers as well as the inmates, but some cross the line far to often, forgetting that inmates are people also.  Just because someone is in prison or jail does not mean that they deserve to be treated like this.  I commend Miami County for taking some action criminally against this jerk.  Here is the article from KCTV5.
Kansas AG files charges against jailor accused of using excessive force
MIAMI COUNTY, KS (KCTV) -     

By Laura McCallister, Multimedia Producer -
Dennis Roberts used to deal with a lot of men who were on the wrong side of the law as a jailor in Miami County over the last five years.

Roberts left the job as an investigation began in January at the county jail in Paola, KS that involved inmate Tyler Hendry. A spokesman for the jail said the sheriff watched a video tape of the 2012 incident between Hendry and Roberts and turned it over to the Kansas Bureau of Investigations. No details are available about the 2012 incident that was caught on tape.
On Friday, the KBI's case led to the Kansas Attorney General filing misdemeanor charges from the January incident for mistreatment of a confined person and another count of battery.   In the case of the inmate that claimed excessive force against Roberts for the 2009 incident that failed in federal civil court, the attorney general just decided to file two more criminal counts against Roberts for mistreatment of an inmate and battery.  A spokesman for the AG declined to comment on the case Tuesday.

KCTV5's Eric Chaloux spoke to Christopher Johnson, the alleged victim from 2009, by phone. Johnson said he was tased numerous times inside the jail after a scuffle between he and Roberts broke out over a reported jail rule violation. "I'm finally glad to see here is some justice being done. This type of thing should not happen. I am glad the KBI and AG's office took the time to investigate and that there were things that were not right with the situation," said Johnson during the phone conversation.
Roberts told KCTV5 News he had no comment. He'll make his first appearance before a Miami County judge March 8.

Saturday, March 3, 2012

Royals Player in trouble with the law, makes apology

Royal's pitcher makes mistake and apologizes for arrest looks like he is trying to make strides to make up for the embarrassment.  See the article below on ESPN.

SURPRISE, Ariz. -- Kansas City Royals pitcher Jeremy Jeffress has apologized for a January arrest in Arizona on a domestic assault charge that was later dropped. Jeffress was booked for disorderly conduct, assault and criminal damage on Jan. 4. The latter two charges were dismissed on Jan. 24 in Surprise Municipal Court. He was sentenced to serve 20 hours of community services for the disorderly conduct charge and to attend a domestic violence counseling class.

The arrest was made public Friday and Jeffress issued a statement through the Royals, saying "There was an argument between myself and my girlfriend and I lost my temper, but I never put my hands on her."
Jeffress said a call was placed to the authorities due to property damage. In the statement, he apologized to the people of Kansas City, the Glass family, which owns the Royals, general manager Dayton Moore, manager Ned Yost and his "peers." "There are consequences in what you do or say. I've disappointed my family and the name on the back of my jersey. I just want to make it clear this is not me."

Jeffress was acquired from the Milwaukee Brewers in the Zack Greinke trade before the 2011 season. He began last season in the Kansas City bullpen, but was sent to the minors May 19 with a 1-1 record and 4.70 earned run average in 14 games. "We've spoken to all parties, including local law enforcement officials, and we stand behind Jeremy at this point based on the information we have received," Moore said. "Jeremy has a good heart, and we understand and appreciate he's trying to manage his personal life in a more honorable way."

While in the Brewers organization, Jeffress was twice suspended for violating the minor league drug policy. He admitted those suspensions were for marijuana use. The first suspension was 50 games and the second 100.
He was the Brewers' 2006 first-round draft pick, the 16th overall selection, out of Halifax County High School in Virginia.

Tuesday, February 21, 2012

Cops get Busted for "Fixing Tickets" in trade for KU Basketball Tickets!

As if this KU Ticket scandal will never end, yet another twist.  Looks like two Lawrence Police officers are in hot water after apparently "fixing" traffic tickets in exchange for personal benifits. (KU Basketball Tickets)   I mean everyone loves to go to the KU games but these two have to be really be fans to risk their livelyhood and reputation for tickets.

I assume if they did trade tickets for tickets they won't be police officers for long.  Take a look at the article in the Lawrence Journal World. As well as a video on Fox4.



Two Lawrence police officers suspended for role in fixing traffic tickets in exchange for KU basketball tickets

By George Diepenbrock, Chad Lawhorn

City leaders have confirmed two Lawrence police officers were suspended following an investigation conducted by the FBI related to traffic tickets being fixed in exchange for Kansas University basketball tickets.

City Manager David Corliss said Thursday afternoon the person whose traffic tickets were fixed is serving time in a federal prison related to the broader KU ticket scandal. A federal judge last year sentenced four former Kansas Athletics Inc. employees — Ben Kirtland, Rodney Jones, Charlette Blubaugh and Kassie Liebsch — and one department consultant, Tom Blubaugh, to federal prison after their guilty pleas in the cash-for-tickets scam from 2005 to 2010 that rocked the university and cost it more than $2 million in football and basketball tickets.

Corliss said in the recent case that Police Chief Tarik Khatib received an anonymous tip in May 2011 about the possible ticket-fixing. It was referred to federal authorities for an investigation. Corliss said the investigators did not believe any criminal charges would be forthcoming.

City officials did not release the names of the two suspended police officers, saying it was a personnel matter.  City officials said the city’s personnel review process is ongoing because the actions of dismissing speeding tickets in exchange for the KU basketball tickets violated the city’s gratuity policy.  “The Lawrence Police Department has the confidence of myself and the Lawrence City Commission,” Corliss said. “This is a serious matter with serious consequences. That is why I referred it to the U.S. Attorney’s Office. ... The police chief is taking the necessary personnel actions, which are serious.”

City officials confirmed the ticket-fixing matter after the Journal-World on Thursday told Corliss it had information the FBI had conducted an investigation regarding KU tickets being given to police officers in exchange for dismissing city tickets.  Thursday’s statement by the city left several questions unanswered.

Both Khatib and Corliss confirmed that “several” members of the Lawrence Police Department were involved in the dismissal of tickets, although they contend one individual orchestrated the matter. Neither Khatib nor Corliss would comment on how many department members were involved with dismissing tickets.

The city also did not provide details about the number of tickets dismissed or the time period over which the dismissals occurred. City officials said they were uncertain of how long the ticket-fixing activity occurred, but said they had evidence it took place over several years.  “It’s my job to make sure that it doesn’t happen again,” Khatib said. “It’s my job to reinforce to employees that this is not an acceptable behavior.”

Mayor Aron Cromwell said one of the suspended individuals orchestrated the dismissal of the tickets, while the other is an individual who had knowledge of the activity and did not step forward. Cromwell said he expects the officer who was leading the activity will be removed from the city’s police force.
“I think that would be a likely scenario,” Cromwell said. “The actual decision is up to the police chief, but I don’t foresee any other potential outcome for the one officer.”  Khatib and Corliss declined to comment on any specific personnel actions that may come from the case. Corliss also declined to say whether the two individuals have been suspended without pay, although he did say the status of their suspensions had changed as the city’s investigation progressed.

Previous occurrences
Khatib acknowledged that he believed there had been allegations of “similar activity” involving police department personnel made prior to the May 2011 anonymous tip. Khatib — who was not chief at the time — said his understanding is those allegations were examined but there was never enough evidence to take more formal action. Khatib succeeded longtime Police Chief Ron Olin, who retired from the city in September 2010 to become director of security and internal controls for Kansas Athletics Inc., also after the KU ticket scandal came to light. Olin left his position with KU last July, saying he had worked himself out of a job and that his services to KU would likely be offered in the future as a consultant. Olin did not return a call seeking comment Thursday.

“It’s unfortunate that this issue has been resurrected,” KU Associate Athletic Director Jim Marchiony said referring to Thursday’s news from City Hall. “But we certainly didn’t know anything about it. We’ve moved on.”  Cromwell said he was disappointed that traffic tickets apparently were being fixed by police department employees for a number of years. But he said he was pleased with how Khatib ­— who took over as police chief in February 2011 — responded to the anonymous complaint.
“I’m very confident that Chief Khatib will identify where the weaknesses are that have been illuminated by this event,” Cromwell said. “He will make sure that officers know if they see anything going on, whether it is a police officer, a civilian or their close friend, they have to report it.”

Reputation damage
Corliss said he believed the events would require the police department to at least partially rebuild its reputation with the community.  “I think there will be some momentary damage to the department, but the continuing strength of the department and the excellent work provided by the members of the department is appreciated by this community and will continue to be appreciated by the community,” Corliss said. “This community has faith in its police department and should have faith in its police department.”  Khatib said Thursday that he did not believe an independent citizens review board would be helpful or instructive in a situation like this investigation.  “This worked. The information came in anonymously. It was jumped on vigorously, and people are going to be held accountable,” Khatib said.

Laura Routh, a Lawrence resident who has urged for more independent oversight of the police department, said she appreciated a statement that Khatib was intent to make sure it didn’t happen again.  “But to say that what has occurred is merely a personnel matter, involving only unacceptable behavior, is a bit soft, I think. Let’s call it what it is. It’s graft. It’s corruption,” Routh said. “And, in my opinion, it validates and rightfully reinvigorates the many questions that have been raised in the past about the transparency of, and accountability within, the Lawrence Police Department.” Khatib said internal affairs investigators, city management and himself were specifically trained to deal with these types of investigations.

“We have the time, training and the expertise to conduct investigations, to get to the bottom and to get the answers for these types of things,” he said.  But Routh said she believed the community trust in the department “will be further eroded by this unfortunate revelation.”  “I really feel bad for Chief Khatib. He’s inherited quite a legacy, and as a leader he’s got some difficult work to do,” Routh said. “I hope that the city will take this opportunity to engage the citizenry in a broader discussion of police priorities and performance. To improve the community perception of and trust in the police department, we need some form of independent police oversight.”

Illegal to be mexican and have money? Apparently in Tennessee it is.

I came across this the other day, and it is one of the most rampant abuses of police power I have seen in awhile.  I understand forfeiture law, and how the police have the ability to confiscate the expected proceeds of drug sales and drug activity.  I even see where it has a useful purpose in some limited cases.  But this type of shakedown mentality is just appalling.  What kind of a police state is Tennessee running?  With competing agencies fighting over the ability to pull over drivers passing through so that they can confiscate cash off of the driver and not even charge them with a crime.

It seems like they are running a very expensive toll road.  Check out the video.



If this type of stuff is allowed to continue we all need to take a good long look at the laws in this country. Some of the memorable quotes included.

"We are taking advantage of how the laws are, to use the money to be able to put back to fight the drugs." -Police Chief

Reporter: "So if these officers don't come up with cash then they might lose their job?"
Police Chief: "It's a possibility, yes"

Reporter: "It looks like they are not concerned with stoping the drugs they just want the money?"
Police Chief: "That shouldn't be the case but thats what it looks like."

Thursday, February 16, 2012

DUI Checkpoints: Your Rights and Some ideas

You are out and about going somewhere on a weekend night and all a sudden traffic starts backing up.  There is no reason traffic should be this busy so you start wondering...Is there a wreck?  Then it hits you when you see all the cop cars.  Your stuck in a DUI checkpoint.

Now there are a couple of ways to handle this.  If you haven't been drinking then its just a big inconvenience, your going to have to sit in line and be late to whatever your going to.  If you have been drinking then your heart just sank.  You have some decisions to make.

But here are some things to consider.
1. You only have to provide insurance information (on demand) and identification for yourself and the vehicle.
2. You don't have to answer questions.
3. Not speaking, could cause the police to hassle you more.
4. You don't have to consent to any search.
5. Before the police can make you take any sobriety tests they need probable cause to believe you are under the influence.

Lets take a look at some reactions to people trying different methods of handling a DUI Checkpoint.
Refusal to Speak:




Now these officers did it correctly. They had no probable cause to believe the driver had been drinking. He didn't slur his speech. He must not have been showing physical signs of being drunk, and he didn't say that he had drank any alcohol. So they let him go.

Here is someone that took the test when they should not have.



If you are drunk please don't make it more difficult on your attorney and consent to a field sobriety test. If you are in Kansas just say no thank you. You don't have to take the field sobriety test. There is no negative consequence to not taking them.  Remember I am not talking about Breathalyzer Test.  Refusing to take a Breathalyzer test has negative consequences on your license.

Lastly, remember not every police officer plays it by the book. What an officer should do and what they actually do can often be two different things.

Wednesday, February 15, 2012

Couple arrested in Kansas with over 109 pounds of Cocaine!

Looks like an Arizona couple were arrested in Shawnee County on possession with intent to distribute over 5 lbs of cocaine.  Turns out they had about 109lbs of Cocaine in their possession.  Just to get an idea of the street value of that much cocaine look at the breakdown.

109 lbs = about 50 Kilograms
1 Kilogram = 1000 Grams
1 Gram = About $60

So 1000 Grams = $60,000
50 Kilograms = about $3,000,000

This is all assuming that the Cocaine has already been cut for street level use.  If it is high quality (uncut) then the cost could be nearly double the $3,000,000 estimate.

Here is the short article in the Casa Grande Dispatch. (An Arizona Newspaper)


TOPEKA, Kan. — A Casa Grande man and woman were arrested Feb. 2 in Shawnee County, Kan., with 109 pounds of cocaine.

Juan Luis Diaz, 48, of the 21700 block of West Arica Road, and Rosa Amelia Ramirez-Gomez, 50, of the 1800 block of North Casa Grande Avenue were taken into custody by the Kansas Highway Patrol. Both were booked into the Shawnee County jail on one charge each of possession with intent to distribute more than 5 kilograms of cocaine.

If convicted, Diaz and Ramirez-Gomez face between 10 years and life in prison and a fine up to $10 million. The Drug Enforcement Administration is handling the investigation and Special Assistant U.S. Attorney Duston Slinkard is the prosecutor.