Wednesday, April 11, 2012

Have you been charged with a crime in Overland Park Kansas?

If you are looking at criminal charges in the municipal court you need to understand that your charges are serious.  Just because a criminal case is in the municipal court does not mean that serious punishment is not possible or that a blemish on your criminal record is not at stake.

The municipal court can hand out punishments including up to one year in jail, a license suspension, or a heavy fine.  If your charged with a crime in the municipal court you need the help of an Overland Park Criminal Lawyer and you need it fast.  You need the help of an attorney that practices in the municipal court often and knows the processes and procedure.  Here is a video produced by an Overland Park Criminal Lawyer .




Thursday, March 29, 2012

A few words on the websites promising a system for beating speeding tickets and the do it yourself books

Came across this article where a EU watchdog has classified a beat your speeding ticket website as a scam.  I have had people come to my office on multiple occasions who have purchased these books or joined up on these websites that either provide a system to beat speeding tickets or claim to tell a member of their site how to beat a speeding ticket.

Let me just say right now that there are many concerns I have with these sites and these type of books.  These websites are almost 100% inaccurate and will not help you in 95% of cases.  Let me repeat that! These websites are almost 100% inaccurate and will not help you in 95% of cases.


They will tell you different "tricks" or different "truths" that simply are not true.  For example:

1. Go to court and schedule your case for trial and the officer won't show up then you can get your speeding ticket dismissed.


This is NOT accurate.  Over 98% of the time the officer will show up for court.  The reason they will do this is because it is their job to show up for court.  If they don't show up then then they won't be a cop for long.  Also, they get paid to show up to court.  Ask yourself this question...If you were a cop would you rather be in a hot black and white giving out tickets or would you rather be in an air conditioned courtroom?



2. Know this magic procedure and use the procedure to your advantage.


Although it does help to know the procedure in a courtroom its not a get out of jail free card.  The simple fact of the matter is that books and websites that claim to know often do not.  Its nearly impossible to find an informative procedure resource for a municipal court.  90% of Traffic Tickets are issued in municipal courts.  So that big fancy book you read or might read on how to beat your ticket and the process you need to use is pretty much useless as it won't give you any specific information on your particular municipal court.


3.  The beat your speeding ticket books and websites are often based on the laws and procedures in a state different than the one you got your speeding ticket in.   Ergo, the law is not the same.  The procedure is not the same.  The advice is not accurate because its based on another states law.

4.  Virtually all of these books and websites will require you to take your traffic ticket to trial.  If you set your traffic ticket for trial you are eliminating many of your options.  You won't be allowed to get an amendment.   You won't be allowed to get a diversion.  You either win or you loose.  The ticket either goes on your record or you win and it does not.  So its risky.  That and considering at least 85% of traffic ticket trials end up in a finding of guilt...The odds are not in your favor.

Now that being said your probably thinking....Of course this Speeding Ticket Lawyer is not going to want me to use the book...He wants me to hire him!

Well let me tell you, if you talk to any attorney that makes their living doing nothing but traffic tickets.  Be amazed... Because there is not a lot of money to be made helping people with traffic tickets.  By the time you talk to the client and explain the process, then call the court and get the ticket set on your docket, then go to court and talk with the prosecutor, then pay the costs, then communicate with the client to show them everything is taken care of, there is a bit of time investment on the attorney.

I help people with traffic tickets and do a good job for them so that they know me.  They consider me to be their attorney.  If something happens down the line then they remember how easy I was to work with and how I communicated with them well.  So they call me again.

Here is the article that inspired this Blog Post.

Speeding ticket avoidance advert banned

By: Josie Clark

An ad for a website promising the "top 10 tricks" for getting out of speeding tickets has been banned by a watchdog.  The website for a membership scheme offering advice and legal representation to drivers who have received a ticket said: "Get your free copy of our top 10 tricks to avoid speeding tickets" and added: "Our top 10 tricks and loopholes to get out of any UK speeding ticket will be automatically delivered to your inbox within minutes. Tell your friends about us - but not the Traffic Police!"

A reader complained that the ad was irresponsible because it suggested that drivers could avoid being prosecuted for driving offences.  Defending the ad, Drive Protect Ltd said the email course being advertised taught people "a legitimate means of being able to disprove or create legitimate doubt on whether or not the offence happened".  It said drivers avoided being prosecuted when a court decided that there was not enough evidence, or where evidence pointed to the fact that the offence did not occur, and believed that the ad was therefore not irresponsible.

Upholding the complaint, the Advertising Standards Authority (ASA) noted that those accused of speeding offenses were entitled to be made aware of legal advice and that it was not irresponsible or illegal for some or all of that defense to be based on legal loopholes.However, it added that consumers would understand the ad's wording to mean that they could escape the consequences of speeding offenses regardless of whether or not the alleged offense took place.

The ASA said: "We considered that although the ad was unlikely to encourage reckless behavour, it could encourage some individuals to take risks they would otherwise not take because they believed that they could exceed some speed restrictions with impunity and could be seen to minimise the dangers of speeding."
It ruled that the ad should not appear again in its current form.
PA

Monday, March 26, 2012

People Organize in Kansas to express support for Florida Teen's tragic death.

I'm not one to chime in to much on controversal criminal actions but it appears that many people across the nation are outraged with the death of this young man.  I am not sure what exactly happened but its just  a damn shame this kid died. I think that this man needs to stop pretending he is a police officer. 

I understand protecting your belongings and your family, but maybe this man should have just let it go or called the police and let them pursue it.  Police have special training for these types of conflict situations  and there is a reason for that.  This is it.  Normal people aren't equiped to fight crime.

It appears that many other people feel the same way.  Here is the article in the Eagle.

Hundreds march in northeast Wichita to protest Fla. teen’s killing

By: Dion Lefler

About 500 Wichitans gathered Friday for a march to protest the shooting death of an unarmed African-American teenager at the hands of a neighborhood watch volunteer in Florida — and to call for repeal of a Kansas “stand your ground” law that is apparently more permissive of violence than the Florida statute that has shielded the shooter there from arrest.

The hastily organized protest started with about 250 people, with hundreds more driving by honking in support. Many of those passers-by parked and joined the demonstration, which began at the corner of 21st and Hillside and marched twice back and forth to a nearby Wichita police substation.  The march coincided with demonstrations across the country — some reaching the tens of thousands — protesting the shooting of Trayvon Martin, 17.

President Obama said the shooting should prompt Americans to “do some soul-searching.”

Personalizing the incident, the president said, “If I had a son, he’d look like Trayvon.”

Trayvon was shot Feb. 26 while walking home from a convenience store in the gated community of Sanford, Fla. Trayvon, who was wearing a hooded sweatshirt in a light rain, had been watching the NBA All-Star game and walked to the store to buy iced tea and Skittles candies.  The local neighborhood watch captain, George Zimmerman, 28, spotted Trayvon and called 911 to report him as a suspicious person. Ignoring a dispatcher’s advice not to pursue, Zimmerman left his car and followed Trayvon on foot, leading to the confrontation where the teen was shot to death.

Trayvon’s girlfriend has said she was on the phone with him until moments before his death and that he was scared that Zimmerman was following him. Police emergency tapes recorded someone screaming for help just before a gunshot, and what may have been a muttered racial slur by Zimmerman.   An attorney for Zimmerman said that his client is not racist and that the facts will show he acted in self-defense. Orlando criminal defense attorney Craig Sonner said Friday on CNN’s Anderson Cooper 360 that he has advised Zimmerman to cooperate in the investigation. Zimmerman told Sanford police that he shot Martin after a fight.  The controversy went national because Sanford police did not arrest Zimmerman or confiscate his weapon, saying he was shielded by Florida’s stand-your-ground law, which authorizes private citizens to use deadly force if they feel threatened with attack.

The Sanford police chief, who defended the decision not to arrest Zimmerman, has temporarily stepped down pending further investigation by state and federal authorities.  Many of the demonstrators in Wichita and elsewhere have joined in protest in what is being loosely termed the “Million Hoodie March,” a reference to the apparel item — a hooded sweatshirt — that appeared to have raised Zimmerman’s suspicions.  Marchers also waved cans of iced tea and bags of Skittles amid alternating chants of “I am Trayvon’s mother” and “I am Trayvon’s father.”

Treva Smith, marketing director for a home-health-care company, took time off from work to hold a sign reading “I love Skittles, iced tea and I’m black. Am I next?” She said she came to the march in support of Trayvon’s family.  “I don’t think justice has been served and I don’t think it’s going to be served,” she said.  Parrishon Marshall said the law has clearly failed.  “Kim Kardashian, they arrested someone for throwing flour on her, but nobody’s been arrested in this shooting,” she said.  While the marchers were predominantly African-American, a substantial number of white people also joined the protest.  Among them were the Rev. Gary Blaine, pastor of the Hearth, a Congregational church.
“Shoot first and ask questions later is part of the DNA of western society,” he said. “When you get those two things, racism and violence, wrapped together, it’s truly deadly.”

Mary Dean, a leader of the group Kansas Justice Advocates, said she was surprised by the turnout since she’d had only one day to get the word out.  “I really wasn’t expecting this big of a crowd,” she said. “People are really passionate about this issue.”  She carried a sign calling for the repeal of the stand-your-ground law.  “You can be walking with a hoodie and someone thinks you look suspicious and you can be shot? It’s scary,” she said.

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.”