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Recent Posts in Criminal Defense Category

  • Can You Get a DUI When You Were Not Driving a Vehicle?

    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 ...
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  • Domestic Violence Calls & Mandatory Arrests - What the Law Says

    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, ...
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  • Why Hire a Lawyer from Garretson & Toth, LLC

    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 ...
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  • What If the Police Failed to Read Me My Rights?

    If an officer places you under arrest and fails to read you your Miranda Rights, this does not mean that you will be able to avoid being charged or convicted for a criminal offense. It simply means that anything you told the police, prior to being read your rights, cannot be used against you in court. Miranda Rights give you the right to remain silent after being arrested and to consult with an ...
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  • What Should I Do If I Was Falsely Accused of Rape?

    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, ...
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  • The Police Found Drugs, But They Weren't Mine. What Now?

    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 ...
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  • Can I Get My DUI Expunged in Kansas?

    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 ...
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  • What are the Legal Consequences of Underage DUI?

    Due to the dangers connected with drinking and driving, the state of Kansas has adopted a zero tolerance policy when it comes to underage DUI . This means that if a minor under the age of 21 is found to be driving with a blood alcohol concentration (BAC) of 0.02% or more he or she can expect to be charged with an underage DUI and will be facing serious penalties if convicted. A first-time offense ...
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  • Fighting a Wrongful Accusation in a Theft Case

    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 ...
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  • What Should I Do After I'm Arrested for DUI?

    The first thing you need to do after being arrested and charged with a driving under the influence (DUI) charge, is realize that drunk driving is a serious criminal offense. A DUI is not a traffic ticket nor is it a minor infraction. Even a first-time DUI conviction can result in fines, imprisonment, the suspension of your driver's license, probation, community service and various other penalties ...
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  • Is Marijuana Possession a Felony or a Misdemeanor Drug Crime?

    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 ...
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  • What Weapons Violations Carry Felony Charges in Kansas?

    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 ...
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  • How Do I Get My License Back After a DUI Arrest in Kansas?

    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 ...
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  • Penalties for Violating a Protective Order

    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 ...
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  • Welcome to Our Blog!

    At Garretson & Toth, LLC, we understand how overwhelming it can be to face serious criminal charges, whether it be a juvenile offense or a violent crime. For this reason, we have recently launched a new Kansas City criminal defense website—and with it, our legal blog. In doing so, we are hoping that we will be able to provide all of our potential clients with helpful information regarding the ...
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