More severe penalties for sex offenses and violent crimes can be blamed—at least in part—for the overcrowding of Kansas prisons. But decreasing these penalties won’t be the answer, according to lawmakers. Instead, they will need to look at alternatives for those who are incarcerated and pose little risk to the public.

According to the Kansas City Star, about 27% of inmates in the state have “severe and persistent” mental illness, illness that would often be better handled in an inpatient mental health facility rather than in prison. If an inmate must serve some time in prison, the chances of them succeeding once they are released are slim if they are not given the supports for treating and living with their illnesses.

As it stands, around the country, there are little community supports for the mentally ill. Transitional housing and similar programs designed to help inmates with mental illness re-enter society have lost funding over the budgetary problems of the past few years.

Kansas Corrections Secretary Ray Roberts is requesting $4.8 million to restore some of the transitional housing, education, and substance abuse programs that had previously been lost. These things are credited with controlling the population in the past by reducing the likelihood that those released would reoffend.

But reducing recidivism is only one option available to the state, according to Roberts. They could also build more prisons or house more state inmates in county facilities. All options are expensive and the state will likely choose a mixture of all three, while attempting to spend as little as possible.

This year, it’s estimated the state will spend $1.5 million to house state inmates in county facilities. In the 2013 budget, Roberts is hoping to see $2.5 million allocated to the cause.

Along with Republican Pat Colloton, Robers has also suggested making drug treatment diversions accessible for a greater number of offenders. Currently, it’s only open to the most minor offenders and can only be used as a one-time option. They’ve also recommended a “good behavior” reward system in prison that would allow 60 days to be shaved off the end of their sentences.

Finally, Colloton plans to introduce a bill that would assist the mental illness diversion program in Johnson County. This program allows minor offenders to have charges against them dropped if they successfully participate in a period of supervision including mental health treatment.

Such diversion programs are an excellent resource for everyone involved—allowing offenders to avoid jail time and allowing the state to save the money earmarked for incarceration.

If you are facing criminal charges and interested in the availability of such programs in your area, contact my offices today to discuss your options and how I might be able to help.

The city of Topeka has received national coverage for their proposed repeal of the municipal ordinance banning domestic battery. But city officials say the media has got it all wrong, painting the town as inconsiderate of victim’s needs when they insist the repeal would only strengthen domestic battery enforcement.

So, how can repealing an ordinance banning domestic battery actually help victims of domestic battery? Because the responsibility of prosecuting those accused will fall back on the District Attorney.

Domestic battery isn’t only against the teetering Topeka city ordinance; it’s also against state law. It’s considered a misdemeanor. Up until now, the city has prosecuted suspects under the ordinance, but now they say they simply don’t have the resources.  By repealing the ordinance, the District Attorney would be forced to prosecute suspected batterers at the state level. Throwing a wrench in this seemingly simple plan, however, is the fact that District Attorney Chad Taylor announced in September that he would no longer be prosecuting misdemeanors.

The Topeka city council has received hundreds of emails and phone calls protesting the repeal of the ordinance. But many on the council stand by their decision saying that the DA will have no choice but to prosecute if they refuse.

Taylor’s announcement last month to stop prosecuting misdemeanors came when the county cut his budget by 10%. He said he simply didn’t have the resources necessary to work these less serious cases when his funds were cut. But the city doesn’t have the resources either.

Officials on both sides say that domestic abusers will not walk away unpunished. “The question is who prosecutes them, the municipal court or the district court, and who pays for it, the city of the county, or a combination,” says Mayor Bill Bunten.

In response to the fight over who has to handle the cases, coverage has been plentiful. The National Organization for Women (NOW) has spoken out and planned protests in opposition to the repealed ordinance. It isn’t clear if they truly believe this issue is best handled at the city level or if they believe the repeal would simply send the wrong message.

Time will tell how the story pans out and who ends up holding the responsibility of prosecuting these cases. But it’s not likely that battery cases will get swept under the rug entirely.

If you are accused of domestic assault and battery, whether in Topeka or Johnson County, contact me for legal help.

The Johnson County Sheriff’s Department has joined more than 100 other departments across the nation in using ear-mounted cameras developed by Taser International, Inc. While 100 departments are testing the cameras, only 16 (including Johnson County) have actually purchased the equipment. While the cameras and upkeep are somewhat expensive, the department hopes they more than pay for themselves in crime prevention and evidence.

Each unit costs $1,700 initially and about $1,300 annually to store and back up the video. While the department hasn’t revealed how many camera systems they’ve purchased, they no doubt made it worth the decision, using them for “domestic violence calls, on SWAT teams, for warrant searches, and to document sobriety tests,” according to the Kansas City Star.

According to Sgt. Paul Nonnast, “This is a game changer. Police and suspects behave better when they know it’s being recorded.” Ideally, the cameras won’t only keep suspects in check, but also the officers who wear them.

Even though the cameras are fairly new, the department has already seen some police complaints be dropped after the complainant saw the video of which they were a party to.

Each camera hooks behind the ear similar to a blue-tooth phone device. The camera plugs into a unit on the chest which is connected to a radio and belt computer with monitor. They don’t have to be worn on the ear but can also be mounted on the helmet of an officer or even held in the hand.

At the end of each shift, the officers are required to upload the video, which cannot be altered or destroyed. The digital footage is stored and maintained by the Taser company.

There are many positive aspects of having each officer outfitted with a camera. Among all of them, an actual picture of what happened at the time of an arrest is no doubt the most valuable.

Often in court accounts of an arrest end up being what the officer says versus the defendant’s view of what happened. And sometimes these accounts vary widely. When there’s a video of the scene, there’s little question about what happened and little room for misinterpretation.

Such technology might seem invasive and depending on the location of the arrest could infringe on someone’s personal property, but the detailed account of an arrest is a valuable tool for everyone involved in an arrest. Situations like this also bring up good points in the arguments for allowing citizens to record police—it’s a two way street.

Not all defendants are fortunate enough to have a video tape of their arrest. As a matter of fact, very few arrests are documented in this manner. In traditional arrests, everything is taken down on paper and it’s the cop’s word versus yours.

When you’ve been arrested and are facing criminal charges you might wonder if a judge will believe your account. Consulting with a criminal defense attorney can help you determine what your chances of success are in the courtroom and also help you determine a course of action most likely to end with positive results.

Contact my offices today in Johnson County for a consultation on any criminal case in the Kansas City area.

The police chief for Overland Park, Kansas now has his own blog.  You can find it at http://oppdchief.blogspot.com/.

Recent updates include notifications of additional traffic enforcement by the Overland Park Traffic Safety Unit, local crime stories, and crime prevention tips.

The Overland Park city site also has a police blotter where you can search for various crimes and accidents in the database.

Both are recommended for good local information! The announcement of enhanced traffic enforcement locations can be a very handy warning to drive carefully and avoid any traffic violations.

An Overland Park man started his SUV one morning and then ran inside while it warmed up. While away, his car was stolen. Lucky for him—there’s an app for that.

The man is said to have left his cell phone in the vehicle and once his son reminded him of the GPS feature, he logged on to the computer and phoned the police. He was able to tell the cops where to turn and how to stay on the trail of the suspected car thieves.

Apparently, the thieves knew they were being followed and according to the Kansas City Star, they ripped out various features in the SUV to try and remove any potential tracking devices. The thieves abandoned the SUV, stole another car, and picked up a friend, all while holding on to the phone.

The friend who joined the duo in Olathe actually used the phone to call her probation officer. Eventually, after a chase that lasted 3 hours, the police caught the crew in a parked Lexus. Because the thieves reportedly took the SUV’s GPS device with them, it took the police 4 days to locate the stolen truck.

The two men are charged with being felons in possession of a firearm as a rifle was found in their possession. They will face these charges in federal court and may find themselves facing additional ones as the investigation proceeds.

Technology has a way of working for us or against us, depending on our needs. With phones and vehicles getting more and more advanced, they are being seen as high tech tools for law enforcement and law violators alike.

When you are facing criminal charges, the prosecution can use all sorts of evidence against you. However, there are numerous laws regarding how this evidence is collected. Because we are protected against unreasonable searches and seizures by the U.S. Constitution, anything seized from you in an illegal search will likely be not allowable in court.

If you are facing criminal charges like auto theft, firearms offenses, or drug charges, it is prudent that you be concerned about the evidence against you. Contact me to discuss your case and to ask any questions you might have about your search, arrest, and the evidence they have against you.

A High School principal is now facing a number of serious criminal charges relating to a domestic incident prior to being hired.

According to the Hutchinson News, Craig D. Butler, a newly appointed principal in Stanton County High School faces multiple criminal charges in the Johnson County Courts. Scheduled for trial on January 4^th, the 36 year old is facing violating a protection order, aggravated burglary, arson, and criminal damage.

Apparently the charges were filed prior to Butler getting the job in Stanton county in August of 2009. They arose from a domestic incident in August of 2008 involving Mr. Butler and his wife Tracy Butler. The incident took place in Olathe.

Butler is accused of burglarizing a home where his wife and another woman were present. He is said to have caused damage to numerous items and set her 2007 Camry on fire.

Stanton County school officials state they knew Butler had pending court issues but were unaware that they involved criminal charges. An attorney for the school system, David Shriver, believes a background check was done on Butler prior to his hiring but states “all charges are allegations at this point…they may not result in a conviction.”

According to the Hutchinson article, Butler’s defense will be that he lacked a proper mental state at the time of the incidents in question. This, the school system states, is a potential cause for concern.

Domestic violence issues like this one can affect your ability to get and keep a job. Because Butler had no conviction from these cases at the time of his hiring, he was likely under no legal obligation to tell his potential employer about the case.

However, once you are convicted of a charge like this, you have to divulge it to employers. Although this can be embarrassing and potentially impact your ability to be hired, not disclosing the information can lead to your termination at a later date.

Employment problems aren’t the only concern after a felony conviction. If you are facing criminal charges and curious about the potential impact they may have on your future, I understand.

Call me today for a consultation on your case and to see how a defense attorney like myself can help.

The case of the police officer sending naked pictures of himself from a police computer is likely to end in a plea agreement.

According to the Kansas City Star, the (now former) police officer in Goddard, Kansas was offering to attempt get a drunk driving charge dismissed for a Wichita woman in exchange for a sexual relationship.  He was also charged with wire fraud.

While a case like this suggests many level of impropriety, illegal behavior, and abuse of police authority, most so called “sexting” cases are far more innocent. Kids who send sexually suggestive texts or images can be charged with Indecent Liberties and Electronic Solicitation, even when both are minors, or only a few years apart.

While some people suggest that this kind of behavior is still outrageous and illegal, it is common for teens in particular to experiment with their budding sexuality. Add in the pervasiveness of cameras on phones and other technology, and a dose of old fashioned peer pressure, and kids are bound to due stupid things.

Yet police, prosecutors, and some parents in Kansas can overreact to these situations. You don’t want a stupid mistake to create a juvenile or adult criminal record, or result in a label as a sexual offender.

Most of this should absolutely not be criminal behavior and should be kept out of Kansas courts.

If you or someone you know is facing charges for sexting, or electronic solicitation in Kansas, please contact me to see how I can help.

An accident that occurred on Monday left one woman dead and an Independence man in custody.

Eighty-four year old Rita Huscher was killed on Monday when her van was rear-ended, sending her to crash head on into a bridge support pillar according to the Kansas City Star. The accident occurred on Kansas 7 and 95^th Street in Lenexa.

Carl Montgomery of Independence left the scene of the accident and was later arrested. He is now being held on $100,000 in the Johnson County jail. He is charged with hit and run resulting in death and driving on a suspended license.

While we cannot know what was going through Mr. Montgomery’s mind immediately following the accident, it may have had something to do with fear of being caught driving without a license.

When you are involved in an auto accident, your adrenaline goes through the roof. He probably didn’t consider the ramifications of leaving the accident and thought he had a good chance of getting away.

Now he face more than just driving on a suspended license charge, he faces a serious hit and run charge as well.

His flight is not all that unusual. Many people who leave an accident scene do it because they aren’t supposed to be driving, are intoxicated, or have a fear that there may be warrants out for their arrest. In the majority of cases, however, these people are eventually caught.

A hit and run charge can be quite serious depending on the results of the accident. For instance, because this particular accident resulted in death, Mr. Montgomery is likely facing Class 9 felony charges and a potential 5-17 months in prison.

This doesn’t include his suspended license charge which could get him additional time as well as fines.

Your best bet when involved in an accident is to relax and avoid further problems like a hit and run charge. If you, however, are facing charges of hit and run or driving on a suspended license, you are going to want an attorney who has experience in these practice areas.

Call me today to discuss the specifics of your case.

Many people would be surprised at just how many homicides and assaults in the Kansas City Kansas area are domestic incidences. We hurt the ones we love the most is taken to a macabre extreme when we talk about domestic violence.

According to Sam Hartle at the Kansas City Kansan, a middle aged man was allegedly stabbed to death by a woman he had some sort of domestic relationship with. She was taken into custody at the scene.

It’s not clear what triggered the argument or what happened behind closed doors at the small house on N. 80^th Place seen here in these photos. Often in situations like this drugs or alcohol is involved and that may have been the case here.

In order for the KCK Police Department to classify an offense as being domestic in nature, one of the following relationship-s must exist between the alleged aggressor and the victim: spouse or ex spouse, parents, children, roommates, former roommates, people who have a child in common, or people with an unborn child in common.  No reports indicate what the relationship was between the two people involved in this particular case.

Luckily, most domestic violence cases don’t get to this level of violence. Domestic battery, however, is still a very serious offense. The crime of domestic violence is taken seriously by the police who investigate it and respond initially to the scene, by the prosecution who decides to go forward with charges, and the judge or jury who determines guilt.

When facing such serious charges, it pays to have an experienced local KCK attorney on your side. If you are facing charges of domestic violence you likely feel that no one is on your side. Call me today and let me know about your case. I understand that we all make mistakes. Maybe that is the case in your situation.

Whatever the circumstances, I would like to help. Please contact me for a legal consultation on Kansas criminal charges.