The advice of a good attorney can be expensive but an attorney’s knowledge can be priceless. Do you have a question about a legal matter? Go to NewspaperAttorney.com and ask a licensed Kansas attorney your question free of charge. Your question may just end up getting answered in the newspaper! Remember the Law Office of Brandan Davies LLC does not represent you in any matter until a formal representation agreement has been executed. The following information is not legal advice it is for entertainment purposes only. If you have a legal question please consult an attorney.
Q: I have a couple of DUI convictions on my record and my license has been suspended for awhile. I heard there was a new law passed where I can now get my license. Is that true?
A: Good Question! As the word gets out more and more people are contacting attorneys with this same question. New law recently was passed affecting the license suspension of people with DUI convictions. Normally a person is punished using the law in effect at the time they committed the illegal act. However, the new law allows for people punished under the old law to petition to have their license suspension reviewed and possibly adjusted in accordance with the new law. Lengthy suspensions or periods of maintaining an interlock device may be reduced. Contact an attorney for an individual evaluation of your case.
Q: I have a misdemeanor on my criminal record and it is making it hard for me to get a job. What can I do to clean it up or take it off my record?
A: You need to look into getting an expungement. Kansas law allows for the expungement of certain criminal offenses and does not allow for the expungement of others. You may want to contact an attorney to determine if you are eligible. Things that the attorney will need to know are when you received the conviction, when you got off probation or out of jail, what the crime were you convicted of, and where the case took place. Receiving a criminal expungement may really improve your ability to get a job.
Q: My son was rear-ended by a car when he was at college. We took him to the doctor and they said he was ok; his car is damaged pretty badly. What should we do?
A: That is a very difficult question to answer without knowing more specific facts. I would immediately consult with an attorney as you only have a small window of time to seek damages. The other driver may be liable for damages to your son’s vehicle and to his person, etc. Kansas requires that a driver operating in Kansas must have motor vehicle insurance, getting his car fixed or damages paid may be as simple as filing an insurance claim or it may involve having your lawyer bring an action in civil court.
Page 2 of 2 - Q: My neighbor’s nephew stole some things from my house. The items were not very valuable but I want to press charges and teach him a lesson. What can I do?
A: You need to contact the police. It is a common misconception that the victim of a crime, “presses charges,” this is not true. It is the city or the state that actually presses charges against someone whom they believe has committed a crime, not the victim. A defendant is brought up on charges by the city prosecutor or the district attorney depending on the severity of the charges and where they occurred. If you feel a crime has been committed you need to report it to the police. The police will investigate your allegations and it will be up to the city prosecutor or the district attorney to decide whether to proceed. A victim of a crime can hire an attorney to pursue a claim in civil court for damages incurred by the theft. However, if the value of the items is very low it might not be very cost effective. Consult with an attorney for advice.
The Law Office of Brandan Davies LLC is a firm based in Shawnee. Mr. Davies is an attorney licensed in the State of Kansas and practices solely in the State of Kansas. If you have a legal issue and want to speak with an attorney please call our Shawnee office at 913-732-3014.