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Criminal Defense Archives

DUI checkpoints present complex problems

You're driving home from the bar or from a friend's place, maybe after a few drinks. You were careful to drink plenty of water and eat some food so as not to drink on an empty stomach and you feel fine to drive, but you may still be technically over the limit. Up ahead, you see traffic slowing to a stop, and the familiar sight of flashing lights. At first, you think there must have been an accident, but as you get closer, you have that sudden sinking feeling — it's a DUI checkpoint.

What are my Sixth Amendment rights?

When you are charged with a crime, it is important to ensure that your rights remain protected. One of the most vital tools for protecting your rights is the Sixth Amendment to the Constitution, which guarantees a number of rights to those who face charges. It is important to remember that when you invoke or protect your Sixth Amendment rights, you are doing so not only for yourself, but for countless others. It is crucially important that you do not allow the legal system to violate your rights, for everyone involved.

Is adultery illegal?

Despite the turning tide of public opinion toward greater freedoms for consenting adults, some states, including Kansas, still maintain laws that restrict certain behavior that are generally recognized as no one else's business. While it may be objectionable on ethical grounds, adultery is generally understood to be a civil issue that should be resolved between the parties it affects. If you think it is strange that engaging in adultery could have legal consequences beyond providing grounds for divorce and possibly affecting a divorce settlement, think again. You're in Kansas now.

Fighting for fair treatment

When you are charged with a crime, it is vitally important that you secure legal representation as soon as possible. Often, the idea of "lawyering up" can seem foreign to those who have not spent time dealing with the criminal justice system. For many of our more fortunate citizens, it is difficult to understand why a strong defense is necessary, when they generally find it easy to avoid trouble with the law. A more in-depth understanding of how you might approach your defense may help you understand why it is so necessary in first place.

Understanding accomplice charges

When it comes to being held liable for a crime, often those who did not even commit a direct offense can be prosecuted for the having enabled the crime to take place. In the eyes of the law, those who are viewed as enablers or encouragers are considered accomplices in a crime, and may share as much guilt in the eyes of the court as the individual who actually commits a crime. Courts may consider an individual to be an accomplice if he or she either actively encourages and enables a crime, or even simply fails to prevent it.

Young man admits involvement in chalk event

A young man in Lindeborg may be facing charges after admitting to involvement in what is being called a "chalk event." Sometime in the early morning of Sept. 3, the young man, and possibly others, used chalk to leave messages on the sidewalks of Lindsborg's Bethany College, including the words "make Lindsborg white again," messages espousing presidential candidate Donald Trump, and an outline of a body accompanied by the words "Rest in Peace my friend."

Nick Gordon in hot water for skipping court

When tragedy strikes, no one wants to contend with facing charges related to that tragedy. But, as one high-profile defendant recently found out, the law does not consider the grief process a good reason to flout the authority of the court. Nick Gordon, who was the partner of Bobbi Kristina Brown when she died in 2015, was charged by the family of the deceased in a civil case following her death, but has yet to face criminal charges. Not being charged criminally, however, has not gotten him out of hot water.

Appearing before a grand jury is stressful

Have you been subpoenaed to appear before a grand jury? If so, you know that this is sure to be a stressful time in your life. You could be requested to appear before a grand jury for a number of reasons. For example, maybe you are the target of a criminal investigation. Or maybe you are being asked to do so as a witness. Either way, it's a must to know what to expect, how to answer questions, and what you can do to get through this process without making any grave mistakes.

Hit and run may bring homicide charges in 2 deaths

Last week in Wichita, a driver collided with a transport van for adults with intellectual disabilities, killing two and injuring several others. He then fled the scene of the accident, but was apprehended only a few blocks away and charged with leaving the scene of an accident and driving while under the influence.

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