It is a warm summer night. You have just left a friend’s house party and have had more than a few drinks. You walk over to your car, get in, and turn on the radio. At this point, you realize you are too intoxicated to drive, so you keep the car parked, recline your seat back, and decide to take a short nap until you are sober enough to get yourself home safely. Before you know it, a police officer ...
You may find yourself facing charges for domestic violence if it can be shown that you intentionally harmed a loved one, even by simply acting in a reckless manner. This is usually alleged anytime physical, verbal, or sexual threats are made within a home, regardless of whether the act occurred or not. If you are arrested for domestic violence, you may find yourself facing time behind bars, fines, ...
There is nothing like having your life turned upside down and your future put in jeopardy as a result of criminal charges being filed against you. If you have been arrested or charged with a criminal offense, you may be wondering where to find a criminal lawyer that you can trust to defend your case with a high level of legal skill. The legal counsel working for you is likely to have a substantial ...
You may find yourself facing charges for domestic violence if it can be shown that you intentionally harmed a loved one, even by simply acting in a reckless manner. This is usually alleged anytime physical, verbal, or sexual threats are made within a home, regardless of whether the act occurred or not. If you are arrested for domestic violence, you may find yourself facing time behind bars, fines, ...
In Kansas, protective orders are issued by the court in an effort to prevent an abused individual from having to endure any further acts of domestic violence or stalking. In order for the victim to obtain a restraining order, however, they must be able to show that an intimate partner or another member of their household has a) caused them serious bodily injury, b) threatened to cause them bodily ...
A common statement made to police who have found drugs in a car, in a home, or on a person is, "They are not mine." It is no surprise that the police are unlikely to believe that the drugs are not yours. If you have been accused of having illegal drugs in your possession , it is vital that you do not make any statements to the police without first consulting your lawyer. It is your right to remain ...
According to the Kansas Statutes, it is unlawful to possess, cultivate or distribute any marijuana without legal permission to do so. Marijuana is considered the least of controlled substances by many. However, some drug charges involving marijuana have the potential to carry serious punishments at the level of federal charges. For the purposes of clarity, Kansas law defines possession of ...
A common statement made to police who have found drugs in a car, in a home, or on a person is, "They are not mine." It is no surprise that the police are unlikely to believe that the drugs are not yours. If you have been accused of having illegal drugs in your possession , it is vital that you do not make any statements to the police without first consulting your lawyer. It is your right to remain ...
According to the Kansas Statutes, it is unlawful to possess, cultivate or distribute any marijuana without legal permission to do so. Marijuana is considered the least of controlled substances by many. However, some drug charges involving marijuana have the potential to carry serious punishments at the level of federal charges. For the purposes of clarity, Kansas law defines possession of ...
It is a warm summer night. You have just left a friend’s house party and have had more than a few drinks. You walk over to your car, get in, and turn on the radio. At this point, you realize you are too intoxicated to drive, so you keep the car parked, recline your seat back, and decide to take a short nap until you are sober enough to get yourself home safely. Before you know it, a police officer ...
Field sobriety tests are used by law enforcement to determine whether a driver's physical and mental coordination has been thrown off in connection with alcohol consumption. These tests are commonly used in DUI arrests. Unfortunately, many who have been stopped by police do not realize that these tests are not mandatory. While they are commonplace, the reliability of these tests is usually less ...
Until recent years there was no legal means by which an individual residing in the state of Kansas could get a DUI expunged from his or her criminal record. With new legislation and a 2011 amendment to the Kansas Criminal Code, individuals are now able to petition to have a DUI conviction expunged from their criminal record providing that 10 years have passed since the successful completion of ...
Any individual who is facing charges for a criminal offense must retain legal counsel at once. Criminal charges, whether at a state or federal level, carry very serious penalties. The primary difference between state and federal charges is jurisdiction. State courts generally hear cases involving charges for crimes that violate state law, including theft, rape, DUI, traffic violations, as well as ...
It is with great pride and excitement that our legal team at Garretson & Toth, LLC announce that Attorney Scott Toth has been selected to be a Fellow of the American College of Trial Lawyers (ACTL). For more than 60 years, the ACTL has been recognized as one of the greatest legal associations in North America, spanning all across the United States and Canada. To earn Fellowship, one must be ...
It is a warm summer night. You have just left a friend’s house party and have had more than a few drinks. You walk over to your car, get in, and turn on the radio. At this point, you realize you are too intoxicated to drive, so you keep the car parked, recline your seat back, and decide to take a short nap until you are sober enough to get yourself home safely. Before you know it, a police officer ...
If you were recently charged with driving under the influence (DUI) in Kansas, your license may have been confiscated at the time of your arrest. Typically, the officer will issue an "Officer's Certification and Notice of Suspension" form, also known as a DC-27, and inform you that you can contest the pending suspension by requesting a hearing. Should you fail to do so, it will be assumed that you ...
A common statement made to police who have found drugs in a car, in a home, or on a person is, "They are not mine." It is no surprise that the police are unlikely to believe that the drugs are not yours. If you have been accused of having illegal drugs in your possession , it is vital that you do not make any statements to the police without first consulting your lawyer. It is your right to remain ...
According to the Kansas Statutes, it is unlawful to possess, cultivate or distribute any marijuana without legal permission to do so. Marijuana is considered the least of controlled substances by many. However, some drug charges involving marijuana have the potential to carry serious punishments at the level of federal charges. For the purposes of clarity, Kansas law defines possession of ...
Probation is one way that someone convicted of a crime can remain in the community instead of finding themselves in prison. Probation usually involves meeting with a probation officer to make sure that the terms of the probation agreement are upheld and the individual is on the road to complete any required tasks in the time allotted. When the terms or conditions of the probation are broken in any ...
If you have been falsely accused of rape , it could not be more important that you clear your good name and avoid the penalties that will be imposed upon you after a conviction. Rape is a felony offense in our state. In many cases, a simple accusation may be all it takes to ruin your reputation and destroy a promising future. Any individual convicted of rape will face very serious penalties, ...
Some crimes are viewed upon with enough disdain to warrant both charges from state and federal authorities. One such offense is child pornography or the sexual exploitation of a child. The laws on this subject across the nation are clear, concise and extremely harsh to those in violation of them but each state defines the offense individually and places its own punishments on offenders within its ...
In the state of Kansas, mandatory sex offender registration became a penalty for convicted offenders on April 14, 1994. This law was enacted as a way to both punish convicted sex offenders and provide law enforcement with information regarding their whereabouts. Although not all related crimes warrant registration, there are a substantial number of offenses that do—including rape , criminal ...
It is an unfortunate fact that innocent people get accused of committing theft crimes and other criminal acts all the time. In some instances they even end up being convicted for crimes they did not commit. As most burglaries, robberies, shoplifting charges and other theft crimes are prosecuted as felony offenses, a false accusation of theft could ruin your reputation, have a profound impact on ...
In the midst of the ongoing discuss over gun rights and gun control laws, there are some important facts to point out about Kansas' law on possession of weapons. As long as one follows the rules and regulations required to obtain a weapon lawfully, it is relatively simple to purchase and own a firearm in Kansas. However, there are some exceptions to this. Under special circumstances, simply being ...
