The Sedgwick County District Attorney’s Office recently dropped a pair of charges against the owner of an infamous Derby exotic dance club, Michelle’s Beach House. While the move is significant for the defendant, the charges were dismissed without prejudice, meaning prosecutors are eligible to refile the case within the five-year statute of limitations for the charges.

Case Results

The case began in March 2016 when the defendant was formally charged with misdemeanor battery and felony obstruction of prosecution or apprehension, requiring a $10,000 appearance bond. The misdemeanor battery charge accused the defendant of engaging in physical contact with a person “in a rude, insulting or angry manner.”

At the same time, prosecutors charged the defendant with felony obstruction of prosecution charges, claiming she aided her now ex-husband, a fugitive from justice following his detention in federal prison, making him unable to fulfill the requirements of his parole in Sedgwick County. The defendant’s ex-husband had been charged by prosecutors with rape but subsequently pleaded down to attempted aggravated indecent liberties of a minor.

The defendant’s legal issues were also compounded when the alleged victim of her ex-husband’s crimes filed a petition for a restraining order. The victim alleges the defendant in this case approached her at her workplace at which point she became concerned for her safety and filed the petition.

Defendant avoids losing liquor license

The dismissal of the charges is important for the embattled exotic dance club owner as a felony conviction would have made her ineligible to hold a liquor license, which could have had severe financial repercussions for her business. However, because the charges were filed without prejudice, prosecutors may bring the charges again in the future, meaning the situation could continue to hang over the defendant’s head.

While most ordinary people do not have to worry about losing the liquor license for the exotic dance club they own, many ordinary restaurateurs and bartenders need to keep a clean record to retain their privileges under such licenses.

Olathe criminal defense attorneys

If you are facing felony criminal charges, contact our office for a consultation about your case, call us today (913) 780-6666. With 18 years of experience as a Johnson County District Attorney and additional time spent as Kansas Attorney General, Paul Morrison has a unique perspective on how to defend the rights of the accused and help clear their good name.

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Prosecutors in Douglas County recently rested their case in the trial against a 20-year-old defendant accused of raping a 19-year-old freshman female classmate at Haskell Indian Nations University. The rape allegedly took place in November 2014 in the defendant’s dorm room with the aid of another former college student whose trial is expected to go on in late July.

The indictment against the defendant includes charges of aggravated rape and one count of aggravated criminal sodomy, all of which are felonies. Both students were arrested the day the incident is said to have taken place and were released on a $75,000 bond. Both of the suspects were expelled from their college soon after.

Much of the evidence presented by the prosecution centered around DNA evidence collected as part of the criminal investigation. Experts for the prosecution testified that test swabs taken from the suspect’s genitals matched DNA found on the victim.

Furthermore, investigators collected DNA from a condom and the defendant’s bed sheets, which the experts asserted tested positive for DNA from both the suspect and the victim. The evidence was submitted to the Kansas Bureau of Investigation (KBI) and also examined by independent experts called by the defense.

After an unsuccessful motion to dismiss the case based on a lack of evidence, the defense called their own analysts who scrutinized the prosecution’s case. Although the collection methods and testing were legitimate, the amount of certain DNA collected was underwhelming, according to witnesses for the defense.

Defense witnesses testified that only a handful of the victim’s skin cells were found on the defendant, juxtaposing the eight cells found to the 400,000 cells humans typical shed in a day. Attorneys for the defendant then turned their attention to police and nurses involved in the case, questioning what they perceived as a lack of in-depth investigating on their part.

Olathe Sexual Assault Attorneys

As a former District Attorney and Kansas Attorney General, Paul Morrison understands the complexities of rape and sexual assault cases. Using this unique perspective, the Olathe sexual assault attorneys of the Morrison Law Firm, LLC can assist defendants in crafting the right legal strategy to help give them a chance of clearing their good name and ensuring justice is served.

If you or someone you know faces sexual assault charges in Kansas, contact our firm or call (913) 780-6666 for a consultation about your case. The Morrison Law Firm, LLC represents clients throughout Olathe and Overland, Kansas.

The post Prosecutors Rest Case Against College Student Accused of Rape on Campus appeared first on Paul Morrison Law.

Unique situations such as juveniles being arrested for sex crimes causes there to be many questions to ask about the future of the juvenile that has been accused. Most often, if there has been an arrest for a sex crime, then the concern falls to whether or not the juvenile will have to register as a sex offender for the rest of their life. It can be dependent on the crime and the judge that hears your case when you are on trial.

Types of Sex Crimes

According to Kansas Legal Services, sex offenses include “Rape, Indecent Liberties, Aggravated Indecent Liberties, Criminal Sodomy, Aggravated Criminal Sodomy, Indecent Solicitation of a Child, Aggravated Indecent Solicitation of a Child, Lewd and Lascivious Behavior, and Unlawful Voluntary Sexual Relations, among others.”

Age Matters

Every state has set aside an age that allows for the consent of any sexual activity. For the state of Kansas, the age of consent is 16. If a juvenile participates or engages in sexual activity with someone that is 15 or younger than the age of 15, then they will be charged with a crime.

To further the reach of the law, if someone participates in any sexual activity with someone that is 13 or younger, the penalty of the law is much harsher. The law makes no allowances for those in a mutual relationship and with consensual sexual activity. The law also makes no allowances for a misrepresentation of the 13 year old’s age (or younger) from the child themselves or because you thought they were older.

The only thing that matters is that a serious crime has been committed in the eyes of the law.

Sex Offender List

The judge can order that you register as a sex offender if you are arrested for a sex crime. This can either be in a public registration or a private registration. The judge can also limit the time you are on the sex offender or list or make your listing permanent.

Contact A Legal Representative

If you or someone you know is a juvenile that has been arrested for a sex crime, choose to have an experience attorney on your side giving you the best representation possible. Contact Morrison Law Firm today online or by calling our office at (913) 780-6666.

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