At a recent forum hosting candidates for Shawnee County District Attorney, all three Republican candidates rejected the idea of marijuana legalization in the county and state. Mike Kagay, Karen Wittman and Keen Umbehr all believe the risks outweigh any benefits legalization might have on the general public.

While Kansas recently decreased penalties and neighboring states like Colorado have fully legalized the drug, many in power fail to see how such a move could have positive impacts on the state. In fact, Kagay and Wittman both pointed to issues in Colorado as evidence as to why Kansas should avoid a similar move.

Kansas marijuana possession penalties

In February 2016, Kansas State Senate approved House Bill 2049 by a vote of 38 to 1. The bill lowered penalties for simple possession of marijuana but did not come close to any kind of legalization. The House version of the bill was passed in May 2015 and is expected to take effect in the coming months.

Under the new law, possession of marijuana in Kansas would be a Class B misdemeanor, punishable by up to six months in jail and a fine of no more than $1,000. Even though attitudes on marijuana are changing around the country, individuals can still be arrested and face jail time for possession of the illegal drug in Kansas.

Penalties for sale or distribution of marijuana in Kansas remain extremely harsh. Possession with intent to distribute marijuana is a felony that carries a penalty of at least 14 months in jail and a maximum of fine of $300,000.

Olathe marijuana arrest lawyer

With 18 years of experience as a Johnson County District Attorney and additional time spent as Kansas Attorney General, Paul Morrison has unique perspective on how to defend the rights of the accused and help clear their good name. Drug possession, even for marijuana, should be treated as a serious matter and defendants need to hire an attorney with the right experience to prevent long term repercussions.

The Morrison Law Firm, LLC serves clients throughout Olathe, Overland Park, Kansas City, Leawood, Lenexa, Merriam, Mission, Shawnee and Westwood as well as Johnson County, Douglas County, Jackson County, Leavenworth County and Miami County, Kansas. Contact our office for your legal consultation, call us today (913) 780-6666.

The post Marijuana Legalization appeared first on Paul Morrison Law.

Repeat DUI offenders in Kansas could be placed in a 24-7 sobriety program aimed at both punishing offenders and treating chronic violations. The program is being explored by the Kansas Attorney General and aims to keep state highways safe while clearing space in Kansas jails.

While Kansas public policy currently focuses on enforcing drunk driving laws and keeping offenders out of their cars, it fails to address the underlying causes of DUI by changing behavior. That, according to the Kansas AG, should be the focus of change.

Under the proposed law, repeat DUI offenders would be required to submit to twice-a-day breathalyzer tests to ensure sobriety throughout their probationary period. Defendants in the program would need to travel to a designated location to take the tests.

Should the defendant test positive for any amounts of alcohol, they would be sent to jail for at least 12 hours. Subsequent violations would result in longer jail terms. Program members without a means of transportation would be allowed to test only twice a week and wear an electronic monitoring device.

Kansas DUI program may follow models in other states

Three other states, South Dakota, North Dakota, and Minnesota, have similar 24-7 sobriety programs, which have had positive results. The first 24-7 sobriety program started as a five-county pilot program in South Dakota, which was eventually adopted statewide. According to one South Dakota judge, the program has since paid for itself and required no continuance of state funding since its initial grant.

While some are championing the proposed program as a cost-cutting and behavior modifying tool to combat DUI, some DUI victim advocacy groups are weary the program may replace other programs they see as important to DUI fatality prevention. One member of Mothers Against Drunk Driving hopes the 24-7 sobriety program does not replace the ignition interlock system designed to keep DUI offenders from getting behind the wheel of their vehicles.

Olathe DUI attorneys

With decades of experience working as a Johnson County prosecutor and Kansas District Attorney, Paul Morrison’s unique perspective gives him invaluable insight into these types of cases. For a consultation about your case, contact our office, or call us (913) 780-6666. The Morrison Law Firm, LLC serves clients throughout Olathe, Overland Park, Kansas City, Leawood, Lenexa, Merriam, Mission, Shawnee and Westwood as well as Johnson County, Douglas County, Jackson County, Leavenworth County and Miami County, Kansas.

The post Repeat DUI Offenders Could Be Placed in 24-7 Sobriety Program appeared first on Paul Morrison Law.

About 150 law enforcement agencies across Kansas will take part in enhanced efforts over the next several weeks to crack down on drunk drivers across the state. The effort is being funded in part by the Kansas Department of Transportation under the nationwide “You drink. You drive. You lose” campaign aimed to raise awareness about the impact of drunk driving and lockup drivers suspected of driving under the influence (DUI).

The program’s strength includes putting more police officers on the state’s roads and highways to aid in interdiction efforts and project a seriousness about the issue of drunk driving. Additionally, the campaign attempts to reach people on a personal level, telling stories of families affected by drunk driving and why everyone should take the issue seriously.

Kansas DUI accident statistics

In 2015, Kansas saw approximately 1,300 DUI-related injuries and 75 deaths. Those numbers break down to five injuries every day and one death every three days across the state. While traffic fatalities as a whole have gone down over the last 30 years, DUI fatalities still account for about one-third of highway deaths each year.

To help crack down on these senseless deaths, jurisdictions across the state are reminding drivers to plan ahead if they drink, consider the impact of drinking and driving on their families, and know there are steep fines and jail time for DUI arrests.

Kansas DUI laws

Under Kansas law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Penalties for even a first-time DUI include a minimum jail sentence of two days, fines between $750 to $1,000, and license suspension for up to 30 days.

Furthermore, a DUI conviction could result in the driver having to pay for an ignition interlock device (IID) to be installed in their vehicle. An IID is essentially a breathalyzer inside the vehicle drivers must blow into to start their vehicles; furthermore, drivers may even need to take part in a “rolling retest” where they must pull over and activate the breathalyzer again.

Olathe DUI attorneys

If you were charged with DUI in Kansas, contact the Morrison Law Firm, LLC for a consultation about your case with one of our experienced Olathe DUI attorneys. As a former District Attorney with 18 years of experience prosecuting criminals, Paul Morrison understands what it takes to defend the rights of the accused and ensure justice is served. Call us at (913) 780-6666.

The post DUI Enforcement Campaign Kicks Off appeared first on Paul Morrison Law.

A Kansas Court of Appeals recently handed down a significant ruling allowing evidence deemed unconstitutional by the Kansas Supreme Court to be admitted at trial for a man arrested for suspicion of DUI back in September 2013. The U.S. Supreme Court is currently taking up the matter itself, setting the stage for a potentially groundbreaking precedent.

In September, a Salina police officer pulled over the defendant after failing to properly use his turn signal. Upon making contact with the defendant, the officer initiated a field sobriety test on the suspicion the suspect was driving under the influence, who later gave a blood alcohol test at the police station which determined his BAC (blood alcohol concentration) was .139.

Under the now defunct Kansas DUI arrest law, individuals placed into custody on suspicion of the offense must have been informed that their refusal to submit to a BAC test may incur criminal charges. In February 2016, the Kansas Supreme Court ruled the practice unconstitutional and the procedure for testing BAC was changed.

Kansas Court of Appeals Hands Down Mixed Rulings on DUI Arrests

The defendant’s attorney asked the court to rule his client’s consent was coerced and therefore inadmissible based on the new DUI laws. However, the justices on the Kansas Court Appeals hearing the case ruled that since the law was struck down after the suspect’s arrest, the evidence may be admitted in this trial under “good faith exceptions.”

The court decided that since the officer did not know the procedure would be ruled unconstitutional, the evidence stands. Recently, the Court of Appeals handed down another pair of rulings pertaining to when officers have reasonable suspicion to initiate BAC tests on DUI suspects.

In April 2016, the appeals court ruled that despite a suspect’s disheveled appeared and possessing an open container of alcohol, the arresting officer did not have reasonable suspicion to order the BAC test. This ruling was based on a precedent set in 2015 when a Kansas DUI arrest was overturned after a suspect was given a BAC after passing a pair of field sobriety tests.

Contact An Olathe DUI Lawyer

Having the right Olathe DUI lawyers on your side can make all the difference between walking free and being hit with a huge fine and possible jail time. As a former Attorney General for the state of Kansas and Johnson County District Attorney, Paul Morrison understands what it takes to get justice for his clients. To Contact the Morrison Law Firm, LLC for a free consultation about your DUI case call (913) 780-6666. 

The post Kansas Ruling On Unconstitutional DUI Law appeared first on Paul Morrison Law.

The city prosecutor for Galena, Kevin Cure, recently resigned from his office after being arrested for driving under the influence (DUI) for the second time in as many years. Cure had been the city’s prosecutor since 2004 and his last arrest for DUI was in March 2014.

Cure’s case began after being approached by officers in a parking lot outside a restaurant in Joplin, Missouri. Police received a report of an intoxicated individual in the area and moved to prevent the 52-year-old former prosecutor from operating his vehicle.

A passenger in Cure’s vehicle also faces charges for attempting to interfere with the administration of a breathalyzer by police. According to police, the female passenger refused to remain in the vehicle while police conducted their investigation.

Kansas DUI Penalties

Cure faces a misdemeanor DUI charge, which carries a maximum fine of $500 and up to 100 days in jail if convicted under Missouri law. Cure’s arrest should be taken as an example that law enforcement takes DUI cases very seriously, no matter if the suspect is a law enforcement official as well.

Cure may be fortunate due to the fact his second DUI arrest was out of state and not in Kansas. Under Kansas DUI laws, penalties for repeat DUI convictions increase substantially. Fines and jail time for even first-time offenders in Kansas are substantially higher in some aspects compared to neighboring Missouri.

• First offense – Minimum two days in jail, fine between $750 to $1,000, 30-day license suspension
• Second offense – Minimum five-days in jail and up to one year, fines between $1,250 to $1,750, one-year license suspension
• Third offense – Minimum 90-days in jail and up to one year, fines between $1,750 to $2,500, one-year license suspension
• Fourth offense – Minimum 90-days in jail and up to one year, $2,500 fine, one-year license suspension

In addition to fines and jail time, suspects convicted of DUI may also have to install an Ignition Interlock Device, which requires drivers to blow into a breathalyzer device in order to operate the vehicle. The car will only start if no alcohol is detected in the driver’s system. 

Kansas DUI attorneys

If you or someone close to you is facing DUI charges in Kansas, contact The Morrison Law Firm for a consultation about your case. Our Kansas DUI attorneys have years of experience handling these cases and can help ensure you legal rights are preserved. 

The post Galena City Prosecutor Resigns After Second DUI Arrest appeared first on Paul Morrison Law.

Driving under the influence is a very serious charge. In Kansas, drivers pulled over with a blood-alcohol concentration (BAC) of 0.08 percent or higher may be arrested for DUI and taken to jail. When pulled over for suspicion of DUI, drivers are often asked to submit to field sobriety and chemical tests to determine if they consumed alcohol beyond the legal limit before getting behind the wheel.

In these situations, drivers often wonder what if any there legal rights are to refuse these procedures and spare themselves from self-incrimination. Drivers need to understand they may face serious penalties either way if they refuse or submit to field sobriety tests.

Kansas implied consent laws

While many drivers feel they have a Fifth Amendment right to refuse DUI field sobriety tests, the fact of the matter is that Kansas has implied consent laws. What this means is that when you receive a driver’s license, you automatically give the state advanced permission to test you for suspicion of DUI if pulled over.

If the police have probable cause, they may ask you to submit to multiple DUI tests. Kansas DUI tests may include:

• Field sobriety tests  – Walk and turn test, standing on one leg, or horizontal gaze nystagmus test
• Chemical tests –  Breath, urine, or blood analysis

Refusing to take DUI tests

Under Kansas law, DUI suspects who refuse to take field sobriety and/or chemical tests may be subject to further penalties. While authorities usually do not force suspects to submit to blood, breath, or urine tests, the threat of further punishment usually compels suspects into doing so.

Penalties for refusing DUI tests include:

The Kansas Supreme Court recently ruled suspects cannot be criminally charged for refusing to submit to DUI. However, suspects nonetheless may still have their driver’s license revoked and forced to pay costly reinstatement fees.

Overland Park DUI attorneys

If you were charged with DUI, contact The Morrison Law Firm, LLC online for a consultation about your case or call (913) 780-6666. As a former District Attorney with 18-years of experience prosecuting criminals, Paul Morrison understands what it takes to defend the rights of the accused and ensure justice is served.

The post If I Am Stopped By The Police For Drunk Driving, What Tests May They Force Me To Take? appeared first on Paul Morrison Law.

Have you packed your own bags?

If you’ve ever been to the airport or through customs when traveling you may hear the question “Have you packed your own bags?” or “ Have you left your bag unattended at any time?” While this seems like an odd question at times, it does have a purpose. They are trying to ascertain whether or not there is a chance someone put something in your bags without your knowledge. If they did, you may unwittingly be transporting an illegal substance.

This is more common than you may think. If you’ve ever watched any law enforcement reality television shows, you may see suspects being pulled over and once a search of their vehicle is performed, drugs are found. Invariably, the suspect says they didn’t know the drugs were there! Even if they are the only ones in the vehicle, if it was borrowed or they recently had passengers it is possible the police can claim an unwitting possession defense.

What is an unwitting possession?

An unwitting possession is just as is sounds; it means you possess an illegal substance without knowing you had it. If there is evidence that convincingly proves you did not have the knowledge you were in possession of an illegal substance, then you may be able to avoid prosecution. Some states allow it, and some add a “had no reason to know” element to the defense, and some don’t recognize it as a defense at all.

Is it a viable defense?

Depending on the circumstances of your unique case, unwitting possession could be a very viable defense. In the case of a postal worker transporting an illegal substance through the mail, they would have a very convincing defense that they did not know, nor had they reason to know, that they were in fact transporting something illegal.

While some jurisdictions may not recognize unwitting possession, all jurisdictions recognize that if it cannot be proven the person knew about the substance, the “means rea” or “guilty knowledge or intent” aspect of the prosecution will be removed.

Quality representation

If you are facing a charge related to possessing a substance of which you were unaware, you need to hire a defense attorney right away. Call 913-780-6666 or fill out our online contact form and someone from the Morrison Law firm will set up your free consultation to discuss the details of your case and how we might be able to help you.

The post What is an Unwitting Possession? Is it a Viable Defense? appeared first on Paul Morrison Law.

Has your child ever done something so harmful to his future or well-being you just want to scream, “What were you thinking?!” Honestly, they may have not been thinking about the outcome at all. Did you know that the prefrontal cortex, a section of your brain that can imagine consequences, help make judgments, and control impulses is not fully developed until the mid-20s? This is frustrating, but it is a reality of our human makeup. Not every child will commit a juvenile crime, but when it happens it can be beyond frustrating as a parent figuring out how to minimize the damage to your child.

Top 3 Common Juvenile Crimes

1. Theft/Larceny- These cases typically have to do with shoplifting, stealing other people’s property like a bike, backpack, and even things from another child’s locker. If you’ve ever been to the mall, you may have seen a police car outside escorting a pair of young girls or boys to the vehicle. Sadly, a friend, or other influence can encourage a lot of these crimes.
2. Vandalism- Nothing says, “I love you” like carving your name into a bathroom stall next to your crushes at least that is the feeling in some children and teenagers. Though this is typically the milder version of vandalism it may range in tagging, and graffiti to keying a car or slashing tires. These are all possible expressions a child or teenager may use for showing anything from affection to anger and even boredom.
3. Alcohol Offenses- Underage drinking is a huge problem for the Kansas area. Purchasing, consuming and in possession of alcohol are all crimes for a juvenile.

Contact your Johnson County and Kansas City Area Attorney

Kansas can be strict on juvenile crime, getting a professional criminal defense attorney will help minimize the damage to your child’s future and help move forward from this event. Paul Morrison has professional experience as a Johnson County District Attorney and Kansas Attorney General and understands guidelines and policies of Kansas’s law. This knowledge is used on behalf of clients. Call Morrison Law Firm, LLC at (913) 780-6666 to schedule a free consultation.

The post 3 Common Juvenile Crimes appeared first on Paul Morrison Law.

Getting arrested for a DUI without having had a drop of alcohol happens! In a DUI case a woman acting as the designated driver was pulled over and arrested for a DUI. Later the charges were dropped due to her blood alcohol level being zero. However, this isn’t an uncommon occurrence. With cops cracking down on DUIs, a rise in false arrests occur as well.

How can you be arrested for a DUI without consuming alcohol?

Often times, an officer is mistaken in their assumption. Other factors may heavily influence whether or not they believe you were drinking, such as:

• Blood shot eyes from dry contacts
• Slurred speech from dentist work or being tired (or even a speech impediment)
• If you ran a red light due to being distracted by conversation
• Not performing well on field sobriety tests because of lack of communication in the directions of the test.
• Being the designated driver (like in the above case) and having pre-made judgments that you must also be drinking
• The alcohol smell from driving other individuals clinging to you or the car when an officer pulls you over.
• Having had alcohol spilled on your clothes so it is pungent in smell
• Having a flushed face, or even a sunburn

Essentially any reason the officer may have to assume a DUI is a possibility for a DUI arrest.

Challenge Your Kansas DUI

It’s important to understand that you are still able to fight a DUI, especially in the case that you were not drinking. Offering valid reasons for why the officer may have made the assumption of DUI will help build your case. As well as having eyewitnesses having seen you sober or not drinking before you got into the car.

Contact your Johnson County and Kansas City Area Attorney

Kansas is not kind to those who receive a DUI. Paul Morrison has professional experience with DUI as a Johnson County District Attorney and Kansas Attorney General, playing a role in reviewing DUI sentencing guidelines and policy. Now this knowledge is used on behalf of clients. Call Morrison Law Firm, LLC at (913) 780-6666 to schedule a free consultation.

The post Ways You Can Be Arrested For A DUI Without Consuming Alcohol appeared first on Paul Morrison Law.

The process of manufacturing any drug or controlled substance is illegal unless you are licensed by state or federal authorities. Manufacturing drugs generally refers to street drugs like: Marijuana, LSD, Methamphetamine, mushrooms or other plants, or any other street drug.

Manufacturing as a crime is considered any part of the process including but not limited to: growing, mixing, cooking, or processing products to a final product of an illegal substance or narcotic. In some cases, you can even be charged if you offer to help in the process in any way, even if you have never touched or seen anything.

The law also prohibits supplying chemicals or materials to someone whom you may have reasonable cause to suspect is involved in manufacturing. If you notice someone buying certain chemicals or mixing agents that would make them suspect to making a certain drug, you are obligated to report it and refuse the sale, or you could be considered as involved in manufacturing. Growing illegal drugs such as marijuana mushrooms, or other plants needed to create a street drug is also considered manufacturing.

It’s important to know that you can be charged with manufacturing even if you have never actually made a drug. Simply possessing ingredients needed to create drugs such as: chemicals, equipment, or other things needed in the manufacturing process is could get you charge.

Depending on the charges, you can face some very severe consequences. In many cases, you can be charged with large fines from $2,000-$50,000, prison sentences that can be as high as 10 years or more, felony charges on your record, probation and even restitution.

If you are faced with these types of charges, it can wreak havoc on your future. It’s in your best interest to speak to an experienced criminal defense attorney immediately. Attorney Paul Morrison brings over 18 years of experience to the table as a previous District Attorney and Attorney General. He knows what it will take to defend you in any drug case. Don’t trust your fate to anyone else. Call Morrison Law Firm, LLC at (913) 780-6666 or contact us online today to schedule a free consultation.

The post Manufacturing Drugs appeared first on Paul Morrison Law.