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Overland Park Criminal Defense Law Blog

Charges dismissed in attorney's murder case

Those facing criminal charges in Kansas should be aware of a number of rights afforded to them to help them prepare a defense against felony charges. In particular, one important right requires the prosecution to turn over all evidence -- regardless of whether the prosecutors plan to use it at trial -- to the defense for review.

Because police and the prosecution are better positioned in most cases to obtain and control evidence, it is vital that it be shared with the defense to avoid abuse. As one recent case shows, if the prosecution does not follow the law, the defendant has legal recourse.

Man wanted for criminal charges Tasered by police

A homeless Kansas man was recently arrested by Wichita police who responded to a suspicious character call. Before the alleged suspect could be questioned, he ran and hid in a hedge row.

When a pursuing officer ran by the hedge, the man supposedly reached out and grabbed the officer's foot, causing him to fall. According to police, the suspect and the officer began fighting, and the officer subdued the man with a Taser. A later background check revealed that the man was wanted for a parole violation related to a previous felony charge.

Kansas City man receives federal sentence for firearm possession

Conviction of a federal crime can mean consequences extending beyond jail time and fines. It can mean that a convicted felon loses rights granted to other residents of Kansas. One example of this is the right to own a fire arm.

A Kansas City man has been sentenced to nine years in federal prison without parole as a result of being a felon in possession of a fire arm and fatally shooting a man. In addition to facing state court charges related to the victim's death, the man was charged with a violation of a federal statute known as the Armed Career Criminal Act. The act makes it a federal crime for individuals who have been previously convicted of a felony to possess any firearms or ammunition. The statute provides for a maximum sentence of 10 years in prison for anyone found guilty of a violation.

Alleged marijuana operation in Leavenworth brings drug charges

When a Sheriff's Office tactical unit served a search warrant on a rural Leavenworth residence, Kansas authorities uncovered an alleged marijuana operation and arrested a 34-year-old man.

Firearms, paraphernalia, cash, and approximately twelve mature and four starter marijuana plants were seized by the authorities. Reports indicate that approximately ten pounds of "processed" marijuana was also found. There were no initial reports as to how the police came to suspect the residence in question, although the fact that a search warrant was executed at the residence tends toward the conclusion that the location was the focus of an ongoing drug crime investigation.

Dealers hammered with murder charges in the fight against heroine

One user got his fix of heroine but something went wrong. The user collapsed and his dealer refused to let any one call 9-1-1, likely because he didn't want to deal with the authorities. Instead, the dealer thought that he would be capable of reviving the collapsed man so he began sticking frozen meat in the man's pants in an effort to make him regain consciousness. It didn't work, the man died of an overdose. Now, that dealer is spending the rest of his life behind bars on conviction of drug charges.

The public perception of heroine used to be that it is reserved for junkies and rock stars. This just isn't the case anymore, with heroine becoming cheaper and more readily available across the United States, including in Kansas, the deadly drug is infiltrating the suburbs and authorities are responding with harsh sentences to curb the spread. Cheerleaders and suburban teens are overdosing on the substance, not just junkies and rock stars.

Kansas man not require to register as a sex offender

In an unusual sex crime case, a Kansas man that plead guilty to molesting a dog and was convicted in Sedgwick County, will not have to forcibly register on the sex offender registry. Presence on the sex offender registry is required when an individual is found guilty of committing a "sexually motivated crime" that would be proven to gratify the individual.

The man in question was found guilty of criminal sodomy after charges came about resulting from the individual's contact with his roommate's Rottweiler. While criminal sodomy charges can result from contact with an animal, another law determines whether registration is mandatory in the wake of such contact with an animal.

Kansas man's blackmail conviction overturned

A Johnson County, Kansas, blackmail case, also more formally known as extortion, has recently been overturned. The charges originated when the accused sent a letter to the husband of his former wife stating that he would expose the husband as a child abuser if the man did not keep his distance from the man that was sending the letter's family.

At the time, in order for a conviction of blackmail, the purported victim would have to have completed some sort of action against their will as a result of the alleged blackmail. In this instance the man would have had to remain out of contact with the family against his will. As it turns out, the man did not keep his distance from the formerly accused man's family, therefore no action was taken and the charges were overturned.

All charges dropped in alleged family sex crime case

Six elder members of a family were accused of a string of unusual sex crimes, including wedding younger relatives to older male relatives to allow intercourse. Further allegations of bestiality, pregnancy and murder were also brought forth. Multiple of the accused family members spent time behind bars awaiting trial. The alleged crimes, which are said to have occurred about 30 miles east of Kansas City on a family farm, resulted in the arrest of the family members in 2009.

However, all charges have been dropped. Initially, charges against one of the six family members were dropped last year owing to the statute of limitations running out. The statute of limitations is a definition of a window of time in which charges must be filed for an alleged crime. After so many years, prosecution can no longer occur. Furthermore, the murder charges were never filed as well because no bodies were ever found.

Kansas man, wife and son charged with white collar crimes

One Kansas contractor originally pleaded not guilty to several charges of white collar crimes but now has a change of plea hearing scheduled for April 9. The charges include money laundering, conspiracy to defraud the government, making false statements, wire fraud and major program fraud.

According to a federal indictment, the Kansas man claimed earnings of multiple citations and medals -- four Bronze Stars, three Purple hearts and three Silver Stars -- acquired for his service in Vietnam. Authorities allege that the Kansas contractor won over $6 million in federal contracts due to a falsely-claimed disability.

Kansas man sentenced to 6 months in federal prison

One Kansas man pled guilty to wire fraud, food stamp fraud and conspiracy. It appears that in this federal crime a Kansas grocery store operated by the man was giving recipients of Supplemental Nutrition Assistance Program only about half the value they were entitled while the man pocketed the remainder.

The charges came after an extensive investigation involving surveillance of the Kansas grocery store, computerized detection systems and the use of undercover investigators. However, the man received a fairly lenient sentence because of the defendant's familial situation.

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