Sedgwick County prosecutors recently levied a total of 17 charges against 47-year-old Hassan Lamont Wright after a brutal attack on his own niece and her two young daughters. The defendant had been out on parole for less than one year prior to the attack, which was only the latest incident in a long history of violence, incarceration, and release.

Case Study

According to police, the defendant stabbed his niece and her two daughters, ages 4 and 6, during the early morning hours on November 4. The 6-year-old succumbed to her injuries while her mother and sister were severely wounded.

The defendant even went so far as to try and set the mother on fire while inside her vehicle. Police discovered the 4-year-old wandering through a field in the Wichita area.

In March 2016, Wright left prison on parole as a registered sex offender after serving over a decade for sexually assaulting a Wichita woman in her apartment in 2005. That 2005 conviction came just 11 months after his release for a 1989 second-degree murder charge in which prosecutors accused Wright of fatally shooting a teenager outside of a restaurant in Kansas City, Kansas.

Both the victim’s family and community members alike questioned why a man with Wright’s violent past was even allowed to set foot outside of prison after his second conviction for violent crimes. Under Kansas’s sentencing guidelines, penalties become more and more severe depending on the defendant’s criminal background.

Additionally, judges have discretion as to how they use the sentencing guidelines in terms of sentencing and whether or not to allow an individual to avoid jail time altogether and go on probation. While judges must weigh the individual defendant’s crimes and criminal history to determine the appropriate punishment, stories like this can influence judges and prosecutors come sentencing.

For that reason and many others, defendants should retain an experienced Overland Park criminal defense attorney to help ensure they receive a fair and impartial trial and sentencing hearing. Often times, individuals who could otherwise be released back to their families spend more time than they should due to the bad acts of others like the defendant in this case.

Olathe criminal defense attorney

If you or a loved one was charged with a crime, contact our office for a consultation about your case. The Morrison Law Firm represents clients throughout Kansas including Olathe, Overland Park, and Johnson County. Call today (913)780-6666.

The post Twice-Paroled Man Charged With 17 Counts After Brutal Attack On Family Members appeared first on Paul Morrison Law.

Five years after a catastrophic explosion at an Atchison grain elevator took the lives of six workers, federal investigators concluded their inquiry deciding not to file criminal charges against the facility’s owner. A state-led investigation already determined the explosion was accidental and caused by the combustion of grain dust at the elevator.

While the U.S. Attorney in Topeka released a statement saying “there is not sufficient evidence to support criminal charges against the owner,” the refrain from criminal prosecution will not insulate the facility’s owner from enforcement actions by the Occupational Safety and Health Administration (OSHA). The federal safety oversight organization recommended $406,000 in fines for what it called serious and willful violations of federal safety standards.

OSHA inspectors accused Bartlett Grain of indifference towards safety regulations, which, if followed, could have prevented the tragic accident. Bartlett Grain vehemently denied the accusations and is poised to contest the investigation’s findings.

Families of Atchison grain explosion file wrongful death lawsuits

While the criminal and regulatory investigations play themselves out, another facet of the terrible event continues to work its way through the court system as four of the victims’ families litigate their wrongful death lawsuits against Bartlett Grain. The suits, filed in Jackson County, claim Bartlett Grain senior vice president Bob Knief and others “issued directives that displayed a knowing or voluntary disregard” for the safety of workers at the facility.

Since state and federal investigators declined to press criminal charges, civil lawsuits like the ones filed by the victims’ families often become the last resort to hold wrongdoers like Bartlett Grain responsible for their careless actions. Wrongful death lawsuits can help the families of victims recover for their loved one’s lost income and support, recoup burial expenses, and secure compensation for the pain and suffering from losing someone close.

All too often, negligent parties attempt to skirt responsibility for their disregard of the law and wellbeing of others, no matter the consequences brought for victims. Fortunately, the law gives victims the legal right to retain an experienced attorney to help prosecute wrongful death lawsuits and seek justice.

Olathe wrongful death lawyer

If your family suffered the tragic loss of a loved one, contact our office for a free consultation about your case with an Olathe wrongful death lawyer. The Morrison Law Firm serves clients throughout Kansas including Olathe, Overland Park, and Johnson County. Call us today (913)780-6666.

The post Feds Decline Criminal Charges In Atchison Grain Elevator Explosion appeared first on Paul Morrison Law.

A Johnson County man was recently arrested in connection with a blaze that destroyed his ex-girlfriend’s home in Overland Park. Prosecutors charged the man with two counts of arson and one count of violating a protective order and filed a motion revoking his bond over related charges accusing the man of aggravated battery against his ex-girlfriend in a separate incident a few weeks earlier.

Johnson County Violent Crimes Attorney

The 38-year-old defendant faces lengthy jail time if convicted of the latest charges against him, not to mention his previous charges as well. A judge set the defendant’s bail at $200,000 in the arson case and is considering revoking the $100,000 bail in the earlier aggravated assault case where he was ordered to stay on hour arrest and wear a GPS ankle monitoring bracelet.

The defendant’s ex-girlfriend was not in her home at the time the alleged perpetrator allegedly ignited the blaze. Had she been, the suspect would be facing the much more serious charge of aggravated arson, which carries increased jail time and fines, particularly if the event results in substantial risk of bodily harm.

Under Kansas felony sentencing guidelines, arson is considered a level six severity personal felony which can carry a sentence of between 17 to 19 months in prison, even with no criminal record. An offense at that level incurs even more jail time if the offender has a criminal background.

As a level three person felony, penalties for aggravated arson are even more severe. With no criminal background the minimum sentencing guidelines are 55 to 61 months in jail. In either case of arson, the sentencing guidelines are outside those which prescribe probation as an alternative to incarceration, meaning jail time is almost certain upon conviction.

Let Us Help You with Your Case

Whether you have been charged with a felony crime like arson as a first offense or have a criminal record, the penalties can be very steep and there is no guarantee prosecutors will recommend probation. Often times, courts do not want to hand out lenient sentences for fear of appearing soft on crime and therefore may be quite harsh on offenders.

If you were charged with a crime, contact our office to speak to an experienced Overland Park criminal defense attorney. Paul Morrison has years of experience as the former Kansas Attorney General and Johnson County District Attorney and will work hard to get your good name cleared. Call us today (913) 780-6666.

The post Johnson County Man Arrested For Arson Of Ex-Girlfriend’s Home In Overland Park appeared first on Paul Morrison Law.

A Johnson County jury recently found a Kansas City man guilty of first-degree murder and assault for the shooting death of an aspiring Olathe rapper outside an Overland Park bar over an altercation in the parking lot. While the defendant, in this case, did not pull the trigger himself, prosecutors nonetheless held him responsible for commanding the shooter, his brother, to do so.

Johnson County Criminal Defense Attorney

It took jurors just two hours to agree with prosecutors on the defendant’s culpability in the homicide, finding him guilty on both counts. The actual shooter faces his own trial for first-degree murder, which carries a prison term of 50 years to life. A trial date, in that case, has not been set as of yet.

Authorities caught the altercation on surveillance video, which just so happened to be setup to monitor a suspected drug dealing ring at the bar where the incident took place. Ironically, the two individuals on trial for the victim’s murder were also suspects in the drug dealing ring, according to sources.

Prosecutors told the jury the defendant could be seen pointing to identify the victim’s car as he attempted to leave the scene. The tape was among the key pieces of evidence used to convict the defendant on the grounds he ordered the killing.

Defense attorneys argued the video did not, in fact, show the defendant instructing his brother to fire on the car. Furthermore, in statements to reporters after the trial they expressed disappointment at the court striking down their strategy to argue the killing was one of self-defense after the victim made threatening statements towards the defendant.

Contact Us for Assistance

While none of us ever expect to face criminal charges, we sometimes find ourselves in situations beyond our control to the point where police and courts are involved. Often times, prosecutors and police attempt to tack on as many charges as possible with the hopes defendants will quietly accept their fate and plead guilty.

In these situations, it is important to have an experienced Olathe criminal defense attorney on one’s side to effectively advocate for one’s legal rights and show courts the truth about what really happened. If you or a loved one were charged with a criminal offense, contact our office for a consultation about your case. Call us today (913) 780-6666 .

Our office serves clients in Olathe, Overland Park, and throughout Johnson County, Kansas.

The post Kansas City Man Guilty In Fatal Shooting Of Olathe Rapper appeared first on Paul Morrison Law.

The Kansas Court of Appeals recently heard arguments from state prosecutors on why murder charges should be reinstated against a man they say committed a premeditated attack. A Finney County district judge had already granted the defendant’s immunity from prosecution after he determined the suspect acted in self-defense and that prosecutors could not sufficiently demonstrate the crime was premeditated.

The case began in December 2014 when Garden City Police arrived to find one man dead from gunshot wounds in the Dillons East parking lot on E. Kansas St. According to reports, the shooting took place after a verbal altercation between two men erupted into violence.

The victim allegedly tried to force his way into the shooter’s vehicle where the shooter and his girlfriend had taken refuge. Shots rang out after the defendant exited the vehicle, pointed his pistol at the victim, and then issued a countdown to cease his assault.

Prosecutors claim the countdown was evidence of a premeditated act because the defendant had time to contemplate and justify his attack. On the other hand, defense attorneys for the defendant argued the countdown was a warning to the victim and he had reason to fear the victim would cause him and his girlfriend bodily harm.

Kansas stand our ground laws

Kansas is one of 10 states with so-called “stand your ground laws” that do not require persons under attack to flee the scene; instead, the law allows them to stay and use reasonable force to subdue their attacker. Some states’ stand your ground laws require individuals to make an attempt to flee if they can do so, but Kansas amended its law in 2006 to remove any such language.

While rarely used, the key to the statute is the reasonableness with which individuals respond to their attacker’s actions. The law does not give individuals the right to overreact in otherwise benign confrontations and does not excuse premeditated acts like starting a fight.

Reach out to our Olathe criminal defense attorneys for help

Often times, prosecutors will employ their own interpretation of stand your ground laws in order to secure a conviction, regardless of who might actually be at fault. For that reason, it is important that defendants secure experienced legal counsel to help them clear their good names, even in clear-cut cases of self-defense.

We are here to help

If you were charged with a violent crime, contact our office and speak to one of our experienced Olathe criminal defense attorneys. Call us today (913) 780-6666.

The post Kansas Court Of Appeals To Rule On “Stand Your Ground” Self Defense appeared first on Paul Morrison Law.

Recent updates to Kansas’ theft and burglary statutes went into effect on July 1, 2016 which change when and how suspects will be charged with property crimes. The changes are important because many theft and burglary charges are made based on the circumstances of the offense, value of the property allegedly taken, and whether or not the defendant has a criminal background.

Sometimes, charges for suspected crimes can be reduced or thrown out altogether by convincing courts statutes were improperly applied because the allegedly stolen property may not be of a high enough value to fit the crime. Having an experienced Kansas criminal defense attorney in these situations can make all the difference in the world when trying to clear one’s good name.

Burglary to open business

Burglary is no longer an applicable charge when theft occurs at an open business under House Bill 2462, except when the purpose to enter the building is to commit assault or a sexually motivated crime. An example would be going into a retail store and hiding out to steal items after the business is closed.

Illegally entering a building by breaking in or otherwise entering unlawfully is a key element for law enforcement and prosecutors to establish a burglary took place. Without the two key elements of breaking into a building and doing so to commit a crime like theft, assault, or a sex crime, prosecutors cannot prove burglary was committed.

The sentence for first-time offenders is one year in prison. Additionally, the circumstances of the crime will greatly impact sentencing on any other crimes committed in the future.

Felony theft

Stolen property now must be valued at at least $1,500 to charge suspects with a level 9 felony for theft, and increase from the previous amount of $1,000. Furthermore, stolen property in misdemeanor thefts must be worth at least $50 to qualify for felony charges under Kansas’ statute for felony charges for repeat offenders.

Olathe criminal defense attorney

If you were charged with theft or burglary or any other crime in Kansas, contact the Morrison Law Firm, LLC for a consultation about your case, call today at (913) 780-6666. As the former Kansas Attorney General with another 18 years of experience as the Johnson County District Attorney, Paul Morrison knows how to win and get results for his clients.

The post 2016 Changes To Kansas Theft And Burglary Charges appeared first on Paul Morrison Law.

Shawnee County District Judge Nancy Parrish recently allowed Caleb Kanatzar to dismiss his attorney and represent himself in court despite repeated warnings the legal maneuver could have serious adverse consequences. Kanatzar is charged with intentional second-degree murder for the killing of a Topeka man found dead in his car in the middle of the road during the early morning hours of December 04, 2015.

During a recent hearing, the defendant and his attorney spent nearly an hour in closed court discussing whether self-representation was possible. After initially rejecting and then consenting to allow his public defender to remain on the case, the defendant had a swift change of heart over the pace of the proceedings.

Kanatzar dismissed his lawyer on the spot after his attorney requested a continuance for a preliminary hearing in the case. The defendant expressed his dissatisfaction with the legal wranglings and insisted he represented himself. The judge allowed the move, but only after repeated warnings about what could lie ahead for the defendant.

Why is it a bad idea to represent yourself in court?

Representing one’s self in criminal court is a bad idea and more often than not will result in a guilty verdict. This is because criminal cases are often won and lost depending on what types of evidence and testimony prosecutors can get into the record.

Experienced Olathe criminal defense attorneys understand the complexity of these matters, and have a strong knowledge legal terminology, how to make proper objections to exclude evidence, and how to stand up for the legal rights of their clients. After an arrest, defendants should immediately seek qualified legal counsel to begin preparing a strong defense and refute legal moves by prosecutors.

Furthermore, since most criminal cases do not go to trial, defendants need criminal defense attorneys to arrange plea bargains to avoid lengthy jail sentences or even have charges dismissed altogether. Criminal defendants should never take a chance on their freedom by thinking they can properly represent themselves against an experienced career prosecutor in court.

Olathe criminal defense attorneys

If you face criminal charges in Kansas, contact the experienced Olathe criminal defense attorneys of the Morrison Law Firm, LLC for a free initial consultation, call us at (913) 780-6666. With decades of experience as a former Attorney General for the state of Kansas and Johnson County District Attorney, Paul Morrison knows how to win cases and will work tirelessly to help clear your good name.

The post Murder Suspect Represents Himself appeared first on Paul Morrison Law.

A Topeka city councilman recently resigned from office in accordance with an agreement with prosecutors to resolve child abuse allegations against him and his wife. Jonathan Schumm and his wife Allison were charged in November of last year by the Shawnee County District Attorney for abusing one of their 16 children.

The couple was arrested on four counts of aggravated battery, child abuse, and torture of the then 12-year-old boy. Jonathan Schumm allegedly whipped the child with his belt, causing a laceration over the child’s eye. He is also suspected of threatening to kill the young boy.

Following the charges, prosecutors filed a pair of motions to have the disgraced city councilman removed from his office. In complying with the prosecutor’s desire to see him removed, Schumm’s was recently placed in a diversion program for first-time offenders.

Several of the Schumm’s other children were taken into protective custody by Child Protective Services (CPS) following the incident. A replacement for Schumm’s vacant seat on the Topeka City Council will be chosen by its current members, and the seat will expire at the end of his term in January 2018.

Kansas Criminal Diversion Programs

Under Kansas law, defendants in criminal cases may have the option of entering into diversion programs to have the charges dismissed and avoid criminal records. These types of programs are not guaranteed and must be agreed to with the county prosecutor overseeing the case.

Generally, first-time criminal offenders have the option of going through these diversionary programs to avoid jail time, fines, and community service. Defendants in these programs may also be subject to drug and alcohol screening by authorized providers.

There are certain expenses associated with these programs and may depend on the seriousness of the charge, which include court costs, screening fees, and educational programs. Additionally, there may be certain probationary periods based on nature of the crime (misdemeanor or felony).

Kansas Criminal Defense Attorneys

If you are facing criminal charges as a first time offender in Kansas, you may be able to enter into a diversionary program in your district. However, these programs are never guaranteed and defendants should strongly consider retaining an experienced Kansas criminal defense attorney to help ensure their admittance into one of these programs. The attorneys of The Morrison Law Firm have the legal training and experience necessary to mitigate criminal defense charges and help people move on with their lives. For a consultation about your case, contact our office by calling (913) 780-6666. 

The post Topeka City Councilman Resigns Amid Child Abuse Allegations appeared first on Paul Morrison Law.

In the United States, our state and federal laws contain legal frameworks for bringing criminal charges against suspects and the rights they are then afforded. Individuals can be charged in various ways, each with its own set of procedures and legal challenges.

As a former District Attorney and Kansas Attorney General, Paul Morrison has intimate knowledge of the justice system and how to combat criminal charges. Serious crimes require serious representation and the criminal defense attorneys of the Morrison Law Firm, LLC understands what it takes to help ensure justice is served.

Information

After a suspect is arrested for a felony, he or she is entitled to a preliminary hearing. At this hearing, the prosecutor must demonstrate there was a probable cause of the arrest. Should the judge overseeing the preliminary hearing agree with the prosecution, the prosecutor will then submit the information about the charges.

Information is composed of information gathered by police, including evidence and witness statements and interviews. The prosecution lays out their case of how and why the defendant committed the crime he or she is charged with and replaces the complaint as the charging document.

Indictment

Prosecutors may also convene a grand jury to determine if there is enough evidence to charge suspects with crimes. At a grand jury hearing, prosecutors present evidence collected by police to citizens selected for the panel.

If the grand jury finds probable cause to charge the suspect, he or she will be officially indicted. Prosecutors often utilize the grand jury method as a way to gauge the strength of a case should it proceed to trial.

Citation

When police observe minor infractions of the law, they may issue citations. Individuals may be cited for various minor crimes like speeding, littering, or other trivial charges. Often times, suspects have the option to pay fines and avoid court hearings. If individuals choose to contest charges and are found guilty, there is often the possibility of jail time.

 Olathe Criminal Defense Attorneys

If you were charged with a serious crime such as a felony, contact The Morrison Law Firm, LLC online or by calling (913) 780-6666 for a consultation about your case. Prosecutors and district attorneys do not pride themselves on being soft on crime and will often make examples out of offenders, recommending harsh sentences such as hefty fines and jail time.

As a former District Attorney himself, Paul Morrison has the negotiating skills and experience to help defendants in their time of need. Our law office understands the justice system and will aggressively defend your legal rights.

The post How Are Criminal Charges Brought Against Someone? appeared first on Paul Morrison Law.

Kansas has instilled a law, KSA 21-3401, that is hopeful in preventing vicarious murders from people that are in the act of committing a felony. According to Kansas State Law:

• “Murder in the first degree is the killing of a human being committed . . . in the commission of, attempt to commit, or flight from an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto.”
• “The purpose of the felony-murder doctrine is to deter those engaged in felonies from killing negligently or accidentally, and it should not be extended beyond the rational function it was designed to serve.”
• “An additional purpose of the felony-murder doctrine is to relieve the State of the burden of proving premeditation when the victim’s death is caused by the killer while committing another felony.”

An Attorney is Necessary

Your attorney is going to evaluate the details of your case and make sure that you are given the chance at a fair trial. There is a chance that there may be a false accusation of the death that occurred during the act of the felony. The death could have been an accident, but under no circumstances are you to speak to the officers without the presence of your attorney.

Anything you say, even in truth and defense of yourself, can and will be used against you in the court of law. Your response to any questions should be a calm, “I want to speak to my attorney.” Even if there is misinformation and you feel you would be able to clear up any confusion by talking calmly and succinctly to the officers, they are going to do everything they can to form a case against you.

Kansas Statutes

The statute was created to be in favor of anyone accused of a felony murder. The presence of reasonable doubt in regards to this law will give favor to the one being charged. This is also true for other statutes and laws in the court system and why someone cannot be charged if there is any reasonable doubt.

Contact A Legal Representative

Choose to have an experienced attorney on your side while navigating the complexity of a murder charge in the commission of a felony. Contact Morrison Law Firm today online or by calling (913) 780-6666.

The post Murder Charge in the Commission of a Felony – Kansas law KSA 21-3401 appeared first on Paul Morrison Law.