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WHAT ARE THE COMMON CONDITIONS OF PROBATION?

Posted by Adam Stolte | Nov 29, 2018 | 0 Comments

If you are facing criminal charges, it can be scary.  Your attorney likely reviewed the maximum possible prison sentence you could receive.  Hearing about the possibility of months or years in prison made you imagine how your life, your job, your family could be forever changed.    Then, you hea...

WHAT IS A KANSAS DUI?

Posted by Adam Stolte | Nov 26, 2018 | 0 Comments

In Kansas, you can be convicted of a DUI if the government can prove beyond a reasonable doubt that you operated or attempted to operate a vehicle while your blood alcohol content was at least .08 or if you were too intoxicated to drive due to alcohol and/or drug consumption.  A DUI arrest initia...

YOU BETTER WATCH OUT, HOLIDAY CRIME SEASON IS UPON US.

Posted by Adam Stolte | Nov 21, 2018 | 0 Comments

The holidays are a joyous time of year where we spread peace on earth and good tidings to all.  Research shows, ironically, that it is also a season of increased crime.  There are a couple of reasons for this.  Stress levels are high due to financial obligations and from spending more time extend...

FIVE THINGS TO DO AFTER AN ARREST

Posted by Adam Stolte | Oct 30, 2018 | 0 Comments

For most people an arrest will be the first, and only, encounter with the Kansas justice system.  Whether you made a bad decision or were wrongly accused, there are a few things that can done to reduce the negative impacts of that encounter. STOP TALKING There's a reason they say, “anything you...

QUESTIONS TO ASK AN ATTORNEY BEFORE HIRING.

Posted by Adam Stolte | Sep 28, 2018 | 0 Comments

Your choice of attorney is one of the most important you will make – and one of the most difficult.  You will likely have many options varying from a court-appointed attorney or a myriad of private attorneys.  It is a good idea to have a list of questions in mind to narrow down the field. You sh...

HOW TO AVOID A DUI

Posted by Adam Stolte | Aug 31, 2018 | 0 Comments

DUI is one of the few crimes that can happen to anyone at virtually any time in their life.  All it could take is ordering a double at dinner or staying for one more at a gathering.  Obviously, the best way to avoid a DUI is not to drink in the first place.  But, if you do drink and think you may...

I’VE BEEN CHARGED WITH THEFT. WHAT DO I DO NOW?

Posted by Adam Stolte | Jul 31, 2018 | 0 Comments

In Kansas, a theft occurs when someone takes something from another person with the intent to permanently deprive the owner.  Retail theft, or shoplifting, is the most common category of theft.  But, theft also includes a loss of services and obtaining control over property that was stolen by som...

I HAVE BEEN ACCUSED OF DOMESTIC BATTERY. NOW WHAT?

Posted by Adam Stolte | Jul 31, 2018 | 0 Comments

In Kansas, you can be charged with domestic battery if you harm a family member, the person you are dating, or a household member.  That “harm” includes physical contact done in a rude, insulting or angry manner.  WHAT IS THE COOLING OFF PERIOD?  In short, someone must be arrested if the office...

HOW DEFENDANTS SHOULD DRESS FOR COURT

Posted by Adam Stolte | Jul 31, 2018 | 0 Comments

Your choice of clothing as a defendant in court has little to do with making a fashion faux pas or facing the embarrassment of wearing last year's look.  Beyond the obvious no shirt, no shoes, no service standard, there are a few considerations you should make before appearing in court.  Below ar...

KANSAS SUPREME COURT REVERSES DOUBLE MURDER CONVICTION.

Posted by Adam Stolte | Apr 07, 2018 | 0 Comments

Errors injected into a trial by a prosecutor can be classified as either prosecutorial error or prosecutorial misconduct.  Prosecutorial error is typically seen as some sort of honest mistake of the law or of some fact.  Prosecutorial misconduct, on the other hand, is more egregious, intentionall...

COURT OF APPEALS PUBLISHES IMPORTANT DUI CASE.

Posted by Adam Stolte | Mar 03, 2017 | 0 Comments

In Kansas, a person can be convicted for DUI under K.S.A. 8-1567(a)(3) if “under the influence of alcohol to a degree that renders the person incapable of safely driving a vehicle.”  The penalty for a DUI depends on the number of prior convictions.  See K.S.A. 8-1567(b).  Prior convictions includ...

KANSAS SUPREME COURT DENIES STATE'S PETITIONS

Posted by Adam Stolte | Feb 08, 2017 | 0 Comments

Who hasn't heard the phrase, "Don't do the crime unless you're willing to do the time?"  I think we can all generally agree that actions have consequences.  But, those consequences should correspond in severity to the actions.  I was appointed to review the sentences in three separate cases.  Aft...

ANOTHER PROBLEM WITH PRIOR DUI'S

Posted by Adam Stolte | Jan 23, 2017 | 0 Comments

The Court of Appeals recently reversed the enhancement of a DUI sentence in State v. Portsche.  This case is an important one for anyone charged with a crime, but especially those charged with DUI.  The underlying issue was about reliability of documents to support allegations that can wind up co...

FELONY DUI - STOLTE LAW, LLC

Posted by Adam Stolte | Sep 07, 2016 | 0 Comments

Repost from below: The penalty for DUI under Kansas law increases based on the number of the defendant's prior convictions. See K.S.A. 2012 Supp. 8-1567(b). A prior conviction can be a conviction for a violation of another state's law that "prohibits the acts that the Kansas DUI law prohibits." ...

DNA EVIDENCE - STOLTE LAW, LLC

Posted by Adam Stolte | Jun 17, 2016 | 0 Comments

The use of many forensic "science" techniques are being shown to be less reliable than originally thought. In an article published online by Scientific American titled, When DNA Implicates the Innocent, the use of touch DNA evidence is shown to have possible flaws despite being touted at infall...

BATTERY ON A LAW ENFORCEMENT OFFICER

Posted by Adam Stolte | May 27, 2016 | 0 Comments

In Appellate Case No. 111021, the defendant was charged with aggravated battery on a law enforcement officer, a severity level three person felony.  The district court instructed the jurors on the elements of the charged crime and the lesser offenses of battery of a law enforcement officer for re...

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