Sentencing Guidelines and Beckles

There is an oral argument about to take place the week after Thanksgiving in the United States Supreme Court which will have a tremendous impact upon the push to shorten sentences for those currently incarcerated within the Federal Bureau of Prisons.  No, I'm not talking about President Obama's last two months in office, and the commutations (sentence reductions) he has been granting.  Instead, I am referring to Beckles v. United States, Case No. 15-8544, which was accepted for review by the Justices from the 11th Circuit Court of Appeals.  At issue in Beckles is whether an ambiguity found by the Supreme Court in another case - Johnson v. United States, 559 U.S. --- (2010), a case holding that the phrase "violent felony" in certain criminal statutes is ambiguous, thus reversing many convictions  - applies also to the United States Sentencing Guidelines' phrase "crime of violence," retroactively such that many inmates currently confined are entitled to re-sentencings, and thus, shorter sentences.

A win for Mr. Beckles will not result in a tidal wave of prisoners flowing out of the Bureau of Prisons, but it will result in sentence reductions for many who have served lengthy sentences, and as such, the case can ease the burden on an otherwise-already-overcrowded prison system.

Many people have been contacting my office to inquire about the possibility of seeking post-conviction sentence reductions for family members, loved ones and friends who might benefit from Beckles (if the Supreme Court grants "retroactivity" to Johnson).  I am watching the case closely, and I am ready to swing into action if and when the Supreme Court rules in favor of retroactivity, and leniency.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Ideas for Memorial Weekend in Kansas City

What to do for Memorial Weekend in Kansas City 2016

"Frosty mornings are officially behind us and the sweltering summer heat hasn't quite grabbed hold, so Memorial Day weekend is the perfect time to get outside and enjoy Kansas City. Click the link above for a few options for escaping your cramped four walls while celebrating Memorial Day"

Sentencing "Reform":

There has been much clamor recently about the possibility of overhaul and reform in the criminal justice system, brought about by this year's upcoming presidential election.  While I believe that ultimately, this is all just lip service and that we will continue with the business of "mass incarceration" as usual, the candidates and the pundits are all posturing with ambiguous phrasing to offer the populace hope that each candidate has compassion for those incarcerated and their families, from their parents down to their children.  Don't believe it for a second!

That said, any changes in sentencing - known as "reform" - usually operate prospectively only, meaning that the changes affect future defendants, but not those who have already been sentenced.  In other words, rarely does sentencing reform apply retroactively to truly help those already behind the wall.

That said, any time there is sentencing reform, the issue of retroactivity on a case-by-case basis can only be decided in the post-conviction arena of the local trial courts and the regional appellate courts, thereafter.  So, if you hear of any sentencing laws being changed now, or soon after the election, contact a post-conviction or appellate lawyer without delay!

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Appellate courts will have the last say ... in sports!

Earlier this week, the United States Court of Appeals for the Second Circuit (sitting in New York, which - given its ruling - explains pretty much everything, in the eyes of most Bostonians and other New Englanders), reinstated the 4-game ban against Tom Brady ordered by the NFL.

Meanwhile, both sides in the "Lance Armstrong " federal civil fraud case have asked the trial judge to essentially skip trial and simply rule "as a matter of law" through procedure named "summary judgment," in their respective favors.  So, regardless of how that ruling comes down, the losing side will most definitely appeal.  After all, there is between $32 million and $100 million at stake!

And, a young professional baseball player publicized this week that he will be selling stock in his own identity, as a "brand."  This move will spawn several court battles, over sponsorship and advertising rights; and, over whether amateur athletes can keep their amateur status while selling stock in their likenesses and their "brand."  Surely one of these two situations will end up in court, and ultimately be decided at the appellate level.

So you see, it's not just criminal cases which end up being decided in the courts of appeal.  Most every big issue in society ends up in these tribunals at one point or another.  In a way, it's a great time to be an appellate advocate!

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

33 for FREE!!
<click link above for information>

33 Free Things to Do in Kansas City 

For sightseers on a shoestring budget, Kansas City offers many free adventures. Click the link for a list of 33 activities that offer something for everyone. 

 

Nothing to see here, folks?

On February 29th, the United States Supreme Court in Williams v. Pennsylvania, No. 15-5040 entertained oral arguments about "judicial bias."  Specifically, the issue is whether Mr. Williams has a right to object to one particular judge on the Pennsylvania Supreme Court presiding over his appeal of his death sentence, where that judge was the elected county prosecutor at the time of Williams' trial, who gave the go-ahead to pursue the death penalty against Williams in the first instance.  Oh, and to those who might argue that the remaining judges on Pennsylvania's highest court likely wouldn't be influenced by this one judge's lobbying or vote?  Well, the former prosecutor is now the Chief Justice of the Pennsylvania Supreme Court.

It is mind-numbing to me that the Chief Justice failed to recuse himself the very second that Williams' case was accepted for highest appellate review.  No amount of time passage between the Chief Justice's previous role as "prosecutor seeking death" and his current role as "the head judge deciding whether death ought to be imposed" can purge the taint which is obvious here.  And yet it will apparently take the United States Supreme Court to step in and cure this ethical "dilemma"?  Sometimes it's shameful that a case so obvious takes so long to resolve.  Then again, the United States Supreme Court may surprise me and rule that "[t]here's nothing to see here, folks."

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

The Right to an Effective Representation Includes Competent Appellate Advice

On Friday, March 25th, the Kansas Supreme Court in State v. Shelly, No. 109,292 and State v. Perry, 109,506 clarified that a defense lawyer's duty as adviser extends past trial/plea and sentencing, to that brief period after sentencing when the client must decide whether to file for appellate review in the Court of Appeals or in the Supreme Court.  A lawyer does not fulfill his or her duty in this regard by simply telling the client (1) "appeals never work," or (2) "there's nothing here to appeal."  Instead, these cases from the Kansas Supreme Court require defense attorneys to explain exactly what types of issues can or cannot be appealed from the client's trial/plea and/or sentencing, and why or why not an appeal ought to be filed.  Only upon receiving informed advice and counseling will a client's initial decision to forego an appeal be held against the client who later files for an appeal beyond the initial deadline for doing so.

To me, this means two things:  For potential Kansas clients, do not ever assume your case is closed.  Instead, call this office or another experienced appellate/post-conviction attorney who can evaluate whether your appellate rights can be resuscitated.  And for practicing Kansas attorneys, in instances where you believe that no appeal ought to be taken but the client is wavering or in disagreement, file the Notice of Appeal immediately (due within 14 days from the date the sentence is pronounced from the bench, as opposed to the later filing of the journal entry), and simultaneously file a motion to withdraw.  That way, the client's right is exercised, but a new lawyer will be appointed to either dissuade the client, or pursue the appeal you had no interest in litigating.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Annual Kansas City Easter Parade

Kansas City Easter Parade

Mar 26, 2016 - Sat 10:00 AM - 4:00 PM 

IT’S TIME TO GET ‘EGG’-CITED FOR ZONA ROSA’S ANNUAL EASTER PARADE - Click the link above for more information.

 

The Right to Remain Silent – The Kansas DUI Breath Test Refusal Statute

Did you know that up until last Friday, February 29, 2016, Kansas had a law on the books making it a crime to refuse a breath test?  Not only will a breath test refusal lead to a suspended license, in Kansas until last week, it also constituted a separate criminal charge, per Kansas Statute 8-1025.  But last week the Kansas Supreme Court ruled that this law is unconstitutional, because it requires citizens to consent to what is tantamount to a warrantless search, or face the prospect of jail time simply for invoking the 4th Amendment right to demand that police produce a search warrant before intruding upon one's home or person.  The breath test refusal statute also forced citizens to give up their Fifth Amendment right to remain silent, because remaining "silent" when being asked to give a breath sample is, in and of itself, a violation of the law, and thus a resulting criminal offense.
 

Last Friday the Kansas Supreme Court struck down this law in four separate cases.  I wrote the first brief filed in the Supreme Court challenging this law as unconstitutional.  My client's case has yet to be officially ruled upon, but given the other four published decisions, a victory is imminent any day.  It's a welcome win for the Constitution!

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

The Right to an Individualized Sentence

Under federal law, "conspirators" in drug cases are charged, and most often times convicted, under statutes that proscribe penalties based on aggregate drug amounts for all those indicted together.  However, when it comes time for sentencing, federal law requires prosecutors to only seek, and judges to only impose, sentences based on individual culpability.  Unfortunately, while courts nationwide have adhered to these rules for years, there have been a few prosecutors in the Kansas U.S. Attorney's Office who have either ignored or circumvented the law of individual accountability, instead seeking sentences years in excess of those allowed by applicable law.

Two Fridays ago, on February 12th, one such prosecutor was finally put to the task of defending her practices in this regard.  Facing a thoroughly documented brief I researched and prepared, this prosecutor conceded that she had sought a 10-year prison term and a $17 million forfeiture both in well in excess of that allowed by law.  We now await the judge's ruling reversing the sentence and forfeiture, which hopefully is just a formality.  The lesson?  Just because a prosecutor's act looks official, don't be afraid to challenge it!  These prosecutors are not infallible, and they can (should) be taken to task for their errors, especially ones they knowingly have been committing against citizens for months or longer across a swath of cases.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Don't miss The 44th Annual KC St. Patrick's Day Parade!

44th Annual KC St. Patrick's Day Parade

March 17th at 11am!
This year’s theme is Blarney on Broadway and will take place in Midtown from Linwood to 43rd street!

 

The Right to Remain Silent – Part 2 of 2

Did you know that simply remaining silent is not the same as invoking your right to remain silent?  As ludicrous as this sounds, the U.S. Supreme Court a few years back ruled that silence is ambiguous and confusing to law enforcement.  (Maybe they shouldn’t be conducting interrogations and investigations, then?)  So, the only legal way to force police to respect your right to remain silent is for you to state plainly and concisely, “I am invoking my right to remain silent. Please cease all questioning efforts now.”  The case which leads to this paradigm is Berghuis v. Thompkins, 560 U.S. 370 (2010).  Be forewarned, and be vigilant about demanding that the police contact your lawyer, if you have one (or demand that they bring you in front of a judge to appoint you one before speaking at all to these investigators).

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

The Right to Remain Silent – Part 1 of 2

Most every criminal case I evaluate for potential appellate issues involves a defendant making a statement – either an admission, a confession, or a comment that is later manipulated to making the speaker look guilty.  Despite giving warning after warning to clients, they still – in the moment when it counts most – ignore the sage advice of the experienced criminal defense attorney, and instead speak for themselves, thinking they control the narrative.  Well, they do not.  So please, take a moment now to commit to yourself to always first seek the advice of competent criminal defense counsel before even thinking about answering any questions whatsoever posed by law enforcement or a prosecutor.  It can mean the difference between your freedom and suffering the fate of the wrongfully convicted.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Valentine's Day is just around the corner!

Kansas City Valentine's Day Restaurant Reservations
Sunday, February 14 is around the corner – we're here to help you plan.
Read on to find restaurants with specials, set-menus and other Valentine's Day treats for the occasion.

Illegal Sentences

If you have a friend or family member who was sentenced for a drug offense in the past several years in the District of Kansas, you may wish to get a professional opinion about the legality of that sentence.  There is an office policy officially declaring that it is the intent of the U.S. Attorney to follow sentencing laws limited by the United States Court of Appeals for the Tenth Circuit, sitting in Denver.  However, there is at least one assistant prosecutor in that office who has been ignoring the policy and has been seeking sentences far and above circuit court law.  It may not be too late for some sentenced drug offenders to obtain judicial relief and sentence reductions.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

New Year, Same Old Deadlines!

With the passing of time, the calendar flips once again, now into 2016!  Now that the celebrations have died down somewhat, and we are all (or most of us are) back to work, it is a good time to remind inmates and their families that post-conviction time deadlines are continuing to roll past.  Get advice immediately about the specific state or federal time deadlines applicable to your case!  Do not delay!  Cases are dismissed across the country every single day due to procedural default (untimeliness), which means the merits of these cases will never see the inside of a courtroom, and will never be heard.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.