Ace Law Letter is the on-line newsletter for the Law Offices of Kevin M. Smith, P.A. We provide legal updates of a variety of issues ranging from estate planning to criminal law. Kevin reviews court opinions weekly to help his clients stay informed on the state of the law in Kansas and beyond.
Friday, February 24, 2012
You now have the same rights in criminal contempt proceedings as you do in criminal cases.
The Kansas Appeals Court just ruled that a person accused of criminal contempt of court, such as someone who refuses to testify when called as a witness, has the same rights as a criminal defendant, including the right to not be forced to testify against himself. Good, common sense ruling that shouldn't have been necessary. See In re J.T.R.
Wednesday, February 22, 2012
Friday, February 17, 2012
Wednesday, February 15, 2012
Friday, February 10, 2012
You can retract a breath test refusal
In State v. May, the Kansas Supremes affirmed earlier holdings that found that a driver may retract a test refusal under certain circumstances. Basically, as long as allowing the driver to take the test isn't objectively overly burdensome on the testing officer, failure to allow the driver to take the test will result in suppression of any evidence connected to the refusal, including the refusal itself. This has greatest impact in the length of suspension but marginal affect on a criminal prosecution unless the driver did relatively well on physical filed sobriety tests.
Wednesday, February 01, 2012
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