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.

Kansas Governor Sam Brownback is doing something fairly progressive—he has announced a faith based mentoring program for parolees as they leave prison. Called Out4Life, the program seeks to match former inmates with role models within the community in an effort to drive down recidivism rates and provide support for those recently released.

He announced this week that the program would need 5,000 volunteers each year to make the program a success—quite the lofty request considering the stigma attached to former inmates.

According to the Kansas City Star, Out4Life has already been adopted in 12 other states, though it isn’t clear if those states have been able to keep up with the sheer volume of paroled inmates. The program was created by the Prison Fellowship, a Christian organization.

The governor is calling on local businesses and churches to join in in supporting the program, which is to be funded mostly by the state. The idea is that the program will save expenses in the long run, reducing recidivism and the cost of re-incarcerating offenders for parole violations or new crimes. The current recidivism rate in Kansas sends 40% of those released from prison back to prison within 3 years.

Critics are concerned that the program will push Christianity on parolees when what they need is a secular support system that respects their current beliefs without trying to sell the gospel. Pat Nolan, a vice president with the Prison Fellowship, states “We give them the goodness of the gospel,” without requiring they adhere to Christianity to take advantage of the benefits of the program.

Other groups already within the community plan on assisting with the implementation of the new program. The Gracious Promise Foundation has been assisting inmates in a similar manner throughout Wyandotte and Johnson counties for several years and sees that its knowledge of community contacts could assist in the recruitment of mentors.

Critics do have a valid point—what about the parolees who are not Christian and do not want to hear the “goodness of the gospel” as they try to put their life on track. No doubt there are many cases of successful transitions among inmates who do not practice Christianity and so these teachings perhaps shouldn’t be a requirement (or even present) when trying to get help.

Of course they say their adherence to Christian principles is not “required” to take part of the benefits of the program, but the presence of those principles could steer some parolees away from the program altogether.

Community support for parolees and even probationers is essential in keeping them from reoffending. Without the proper resources, there’s no incentive to stay crime-free and out of jail. But for many, probation offers the chance to serve a sentence without jail time and without all of the headaches that go along with being in custody.

If you’re facing criminal charges and are curious about your options. Or if you are facing a probation revocation hearing, I may be able to help. Contact me today for a consultation on your case.

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.

Seventeen percent of those booked into the Johnston County jail are mentally ill. That according to a recent 19 month study. While most people know an underfunded public mental health system can cause a greater number of inmates with mental health problems, there’s usually little in the way of hard facts and numbers to support that—at least locally.

The study involved a cooperative effort from law enforcement, the DA, corrections, and mental health experts, according to the Kansas City Star. The 19 month study has been “designated a national demonstration” by the U.S. Justice Department.

The report makes nearly 40 recommendations to reduce incarceration of the mentally ill and to provide greater resources. Thos come at a cost, however, and one that’s not in the current budgets. Some, however, will be funded with new federal grants, according to the Star.

Among those recommendations are greater cooperation between the justice system and the health system in the local area. One specific suggestion involves a therapeutic community at the jail, or a specific housing unit for those who require additional mental health and substance abuse counseling.

The study also recommends additional training for police officers and others within the law enforcement community. This is especially important as dealing with someone who has mental health issues requires tact and special training in order to diffuse potentially dangerous situations.

Even dispatchers are included in this recommendation as they are often the first point of contact for someone struggling with their mental health. They can offer the first attempts at controlling a situation before it gets out of hand and before law enforcement arrive on the scene.

We see more of the mentally ill having encounters with police and the courts lately as the state has been forced to cut mental health programming monies, slashing millions across the board over the past few years.

The study has a goal of seeing better treatment for the mentally ill both before they enter the system and while they are incarcerated. With each step like this the justice community and Kansas City community as a whole casts aside a bit of the stigma associated with mental illness and begins to see it as a treatable health issue.

The report found that about 30% of bookings over the last five years had received some mental health services from the county mental health system. This means if you are going before a judge for to face criminal charges in Kansas, there’s a reasonable chance you have too.

Mental illness certainly doesn’t mean you can mount an insanity defense to your crime, that sort of defense can be extremely difficult to litigate. However, it is one possibility.

More likely than that, however, is the chance that your introduction into the legal system could afford you the opportunity to get some help for the mental health issues you struggle with. Whether your defense lawyer can work out something with the prosecution involving mental health treatment or simply relaying your struggles to the court in an effort to gain some understanding, your diagnosis can play a role in your case.

Have a court date in Johnson County? You will soon be able to expect a reminder phone call ahead of time. No, the county isn’t just doing this to be nice and help you manage your schedule; they are instead using a system modeled after similar programs elsewhere to hopefully cut back on the number being held in the local jail.

The message may be a recording or a live person reading from a script, pleasantly alerting you to your upcoming court date. They will also inform you of what will happen if you fail to appear—a warrant will be issued. The County hopes this small step will mean less missed court dates and therefore fewer residents in the jail.

The new calling system isn’t the only measure being taken, however. Officials are considering putting a population cap on the local jail—setting a maximum amount of beds that can be used to hold pretrial detainees.

This same system has been used by a few jurisdictions across the country with some pretty good success. Jail populations have dropped and there’s been no increase in risk to the public; judges are simply being more cautious in who is locked up and who is released.

Combining these measures seems to be a recipe for success. Contrary to what people think, the vast majority of “failure to appear” cases are based in a simple oversight on the defendant’s part. It’s rare that someone facing criminal charges misses court in an effort to flee from the law.

When you are cited for court and have to wait several months, it’s easy to forget a court date. Once you realize it’s passed and that you likely have a warrant out for your arrest, then you may be tempted to “stay out of sight” or somehow hope to avoid an arrest.

When you miss a court date, the best thing you can do is speak with your defense attorney. Discussing the best way to handle your warrant and the criminal charges you were originally facing, you may realize that running from the law definitely can’t make anything better.

Your warrant won’t simply “go away” with time. The court system won’t forget about you. If you are facing criminal charges or have a warrant out for your arrest, contact me today to discuss your case.

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 US Supreme Court as a whole decided not to take up a Virginia case that decided an anonymous call is not sufficient evidence by itself for police to pull over a car.But Chief Justice John Roberts indicated that he wanted to the court to take on the case and made the rule clear for all states. Currently 3 other states don’t allow anonymous phone calls to so-called “Drunk Busters Hotlines” to be the sole basis for the police to track down and stop a driver on the highway.

This article in the Star Tribune notes that Roberts believes the Virginia court decision grants people “one free swerve” before being stopped, and that this is dangerous to public safety.

Crime Scene KC asks “Is a tipster’s word enough to justify a traffic stop?” In Kansas and Missouri, under the law, it absolutely is. But is that fair?

Is it truly a significant burden to either a) require a tipster to leave their name and contact information, or b) have a police officer actually observe someone engaging in dangerous driving or other traffic violations before pulling them over?

Anonymous calls to police have implications in more than just DUI cases. Allowing anonymous tips without any corroboration is practically inviting abuse and governmental overreach. With this standard, the police can essentially pull anyone over for any reason, chalking it up to an “anonymous” tip, that they can either make up or manufacturer themselves.

And this is unfortunately the law in Kansas.