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.