Kurt Kerns, Attorney at Law
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August 2015 Archives

Is this prosecution really necessary? (Pt. 1)

The case of a Garden City, Kansas woman involving medical marijuana has had the preliminary hearing set for November 16. At that time, she will enter a plea. The case has gained national attention after Kansas authorities arrested her, charged her with marijuana-related offenses, child endangerment and removed her 11 year-old son from her custody for her use of medical marijuana.

What happens when you expunge a criminal conviction?

Imagine that you have just committed a criminal offense, and over the next few weeks, your case plays out in court. You are convicted of the crime, and as a result, you spend some time in jail. Upon release, you are on probation. You pay some fines and penalties relating to your criminal conviction in the months that follow, and then once your probationary period is closed, you think you've finally made it past this difficult chapter in your life.

There is no free lunch with surveillance

Body cameras are currently viewed as a means of preventing abusive behavior by police during interactions with the public. Some studies suggest that these cameras reduce the number of police brutality claims and likewise encourage members of the public that they interact with to be on their best behavior. It also can prevent police officers from being unfairly accused by phony charges of abuse.

What's a felony murder charge?

In Kansas, and most other states, there is a doctrine known as the Felony Murder rule that means if someone is killed during the commission of certain crimes, anyone who participated in that crime may be charged with felony murder, even if they are not directly involved in the killing.

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