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Stolte Law LLC OVERLAND PARK KS

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 should be comfortable asking ...

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Stolte Law LLC OVERLAND PARK KS

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 ...

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Stolte Law LLC OVERLAND PARK KS

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.

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Stolte Law LLC OVERLAND PARK KS

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, intentionally erroneous acts done with a level of culpability that exceeds mere negligence. In this ...

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Stolte Law LLC OVERLAND PARK KS

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 include convictions under any law of another state which would constitute a ...

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Stolte Law LLC OVERLAND PARK KS

The probation violation statute, K.S.A. 22-3716, permits judges to impose a lesser prison sentence than the one imposed at the defendant's original sentencing hearing. Having briefed probation violation cases several times, I was familiar with the provision. But, this is not the matter of common knowledge I believed it to be; an attorney recently told me that after asking several ...

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Stolte Law LLC OVERLAND PARK KS

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. After review, I discovered that the judges each exceeded their statutory authority ...

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Stolte Law LLC OVERLAND PARK KS

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 costing DUI defendants thousands of dollars, hundreds of hours of time, ...

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