Almost five years after her husband drowned just yards away from her in a bizarre night time boating incident, a settlement has been reached with the widow. The $33,000 settlement was finally approved by members of the Kansas State Finance Council, comprised of Governor Sam Brownback and top Republican and Democratic leaders from the State House and Senate.

Case Details

The case began in July 2011 when the victim and his wife were staying at Lake Antelope for the weekend. While the victim was on their boat, the craft ran aground on some obstacles under the water. The victim’s wife was ashore while a the time the boat became stuck at night.

According to reports, the victim, unable to free his craft, was content to stay aboard the boat until daylight to seek help. At some point during the night, a Kansas Department of Wildlife, Parks and Tourism officer came upon the victim and ordered him to dislodge the boat and bring it ashore.

The victim complied with the officer’s orders and entered the water in an attempt to leverage the small boat from the rocks but was unable to do so. The victim, in the water without a lifejacket, was unable to reenter his boat and chose to swim to shore. Unfortunately, he became exhausted swimming back and went under.

As the victim struggled to tread water, the responding Parks Department officer refused to call for backup or throw safety device to the victim. Only after the victim was almost completely submerged did he himself enter the water to save his life.

Following the victim’s passing, his wife filed a wrongful death lawsuit against the state, alleging that the officer acted negligently in the incident and subsequent rescue attempt. Not surprisingly, the state sought dismissal, blaming the victim for his own passing.

Only after a Kansas appeals court ruled the victim was not responsible for his own passing due to him being ordered to enter the water did the state seek a settlement. The court ruled the victim “had no valid option but to comply with McGinnis’ command to come ashore.”

We Can Help You Today

If your family suffered the tragic loss of a loved one, contact our office to speak to an Olathe wrongful death lawyer. The Morrison Law Firm, LLC serves clients in Olathe, Overland Park, and throughout Johnson County. Call us today (913) 780-6666.

The post Kansas Parks Department Reaches Settlement With Widow Of Man Killed At Antelope Lake appeared first on Paul Morrison Law.

A Sedgwick County District judge recently denied proposed changes to the bond for former Dallas Cowboys running back Joseph Randle. Attorneys for the disgraced former NFL player hoped the judge overseeing the case would modify the bail agreement to allow Randle placed in the custody of family instead of the NFL Players’ Association.

League officials were concerned about liability of transporting Randle in the event he were to be allowed out on bail and did not want to be party to any possible criminal proceedings stemming from the player’s inability to comply with his release. As it currently stands, if Randle is able to post a $45,000 bond he may be released and transported to an in-patient mental facility for pre-trial treatment.

Prosecutors worried about possible flight risk

Prosecutors assigned to the case opposed the proposed modifications, claiming Randle posed a flight risk and possibly a danger to the community. The District judge had already modified the terms of Randle’s bond, including decreasing the monetary component from $150,000 to the current $45,000 figure.

Randle’s troubles began in February when he was accused of backing his vehicle into a group of people following an argument at a housewarming party. Randle allegedly returned to the scene, forcing his way into the home. His string of charges includes:

• Four counts of aggravated battery;
• One count of criminal damage to property;
• One count of criminal threat; and
• Possession of marijuana.

Can courts modify bail in criminal cases?

Courts often have a wide degree of latitude in prescribing the amount of money needed to post bail as well as other conditions for release. Often times, judges may ask for recommendations from prosecutors and even take into account the situation of the defendant.

When bond conditions are set, judges may even modify these conditions at the behest of the defendant’s attorney. However, these modifications are not always granted and having an experienced Kansas criminal defense attorney with experience in negotiating these deals can make a world of difference in these situations.

Kansas criminal defense attorneys

As a law firm that regularly represents the legal interests of individuals accused of criminal acts, The Morrison Law Firm understands the undertaking involved in getting defendants a fair shake in the courts. If you or someone you know is facing criminal charges, contact or call (913) 780-6666 for a consultation about your case. Our office serves clients throughout Kansas.

The post Sedgwick County Judge Denies Bond Modification for Joseph Randle appeared first on Paul Morrison Law.

A Garden City mother recently filed suit against the state to reclaim custody of her 11-year old child after Child Protective Services removed the young boy because his mother treated her Crohn’s disease with medical cannabis oil. The mother’s suit claims she has a fundamental right to use the drug and seeks damages over the bizarre incident.

Her saga began in 2015 when her home was raided by police. Authorities found marijuana and processing materials to convert the plant matter into cannabis oil, a concentrated tincture of the drug’s active ingredient.

Police conducted the search after the plaintiff’s son mentioned his mother’s drug use at an anti-drug function at school. Finney County prosecutors have filed criminal charges against her for the operation and her litigation in the matter is still ongoing.

Kansas child custody laws

The woman’s case has garnered national attention about the state of Kansas’ marijuana laws and patients’ access to what they believe to be a valuable substance to treat a wide array of conditions. Thus far, prosecutors have not been swayed over her medical condition.

Her charges include four drug-related charges and one count of child endangerment. Her case is not unique in that criminal drug charges often intersect with child endangerment charges, giving the state cause to remove a child and place him or her into protective custody.

Under Kansas child protective services policy, a child may be removed from his or her parent’s home if law enforcement or Child Protective Services deems the child to be in danger. These entities will then create an incident report and may make a recommendation to courts to remove the child.

Kansas child custody attorneys

The power to remove a child ultimately lies with the courts. Children may be placed in a foster home or with relatives able to take in the child. According to the Kansas Department for Children and Families, the emotional turmoil of removing a child from his or her home and whether or not risk would continue to be posed should the child remain with his or her parents must be taken into consideration.

In these situations, parents facing the removal of their children should take the issues very seriously and strongly consider speaking to an attorney about representing their legal interests. Kansas child custody attorneys can help convey to the courts the children in question would do best to remain in their parents’ homes and may be able to help prevent their removal.

If you are facing an investigation from Kansas law enforcement or Child Protective Services, contact or call The Morrison Law Firm, LLC at (913) 780-6666 for a consultation about your case. Our attorneys have years of experience handling these types of cases and will work tirelessly to help you retain custody of your children.

The post Garden City Mother Sues to Regain Child Custody appeared first on Paul Morrison Law.

A former Labette County bank clerk who pled guilty to embezzling money from various accounts while working as a Chetopa State Bank teller was recently sentenced to probation by a federal judge in Wichita overseeing the case. The defendant’s sentence includes restitution for all funds taken, three months of probation, and eight months of house arrest.

The former bank teller was accused of stealing almost $84,000 between 2013 and 2014. Her case had been under investigation by both the Federal Bureau of Investigations (FBI) and the Department of Justice (DOJ).

The 41-year-old female defendant was arrested in March 2015 and pled guilty in July of the same year. She was originally scheduled to be sentenced in September 2015 but had her hearing pushed back. Prosecutors in the case had sought a sentence of time served and two years of probation.

Federal embezzlement penalties

By all accounts, the defendant in this case may have gotten off very lucky. Federal penalties for embezzlement can be quite steep and even state level embezzlement may result in hefty fines and lengthy jail sentences.

For example, in January 2016, a 42-year-old woman was sentenced to 18 months in jail for stealing $416,000 from Prudential Real Estate in Topeka. Even her sentence was quite light compared to the maximum federal sentence of up to 10 years in prison and fines of up to $250,000 (U.S.C.A. § 641).

What constitutes embezzlement under federal law?

While the defendant in this case was accused of stealing money from a state bank, federal law does provide penalties for theft from state banks and other institutions. Situations that may warrant federal embezzlement charges include:

• Stealing public money, property, or records;
• Theft of tools and materials for counterfeiting purposes;
• Receiving unauthorized deposit of public money;
• Custodians misusing public funds;
• Failing to safeguard deposits;
• Theft by a bank examiner; and
• Embezzlement from an employee benefit plan.

Under federal law, bank employees accused of embezzling money may be charged on either the state or federal level. While both entities may bring charges, only one charge will be followed through in the end.

Kansas embezzlement attorneys

Individuals facing state or federal embezzlement charges should strongly consider hiring experienced and dedicated Kansas embezzlement attorneys to help defend their legal rights. The Morrison Law Firm has years of experience handling such cases as is fully prepared to aid defendants in their time of need.

If you are accused of embezzlement or another white collar crimes, contact or call our office at (913) 780-6666 for a consultation. Our office serves clients throughout Kansas.

The post Federal Judge Sentences Labette County Bank Clerk to Probation in Embezzlement Case appeared first on Paul Morrison Law.

By now almost everyone has heard of fantasy football leagues, and most of us know someone who has bragged about their winnings. Fantasy football has begun to gain traction and be more of a mainstream form of gambling. Players pay a fee to join a league and choose their players from various teams based on stats and how well they anticipate them to play. As the games play live, members watch their players, gaining points for their good plays and losing points for their missteps. Just as someone might watch their horse run a track, they watch their players, and hope for a sweeping win.

Are Fantasy Sports Considered Gambling?

The State of Kansas passed — HB 2155 —  a bill that also deals with charitable gaming, bingo, raffles and the lottery, in addition to authorizing real-money fantasy sports. The House passed the 98-21 bill, with the state senate approving the bill by a vote of 37-1. The Kansas Attorney General’s Office referring to an April 24, 2015 opinion that, “Fantasy sports leagues are games of skill, and therefore, are not lotteries. A lottery is a specific form of gambling which is prohibited.”

Gambling License and Compliance

Kansas may be on board, but several other states are trying to change this opinion. Currently, fantasy sports are not considered “gambling” in the typical sense, there is a push in some states to require these sites to obtain a gambling license. Nevada in particular is pushing for fantasy football sites to comply with gambling requirements, as they can’t compete with the business and feel the leagues have an unfair advantage. Even though the gambling state of Nevada is insisting on having fantasy sports websites shut down, Kansans can continue to play. The FBI is reviewing complaints as well that employees of these sites are gaining an unfair advantage of insider information and using that information on rival sites and winning large amounts.

Call a Kansas Attorney with Experience | Morrison Law Firm, LLC

If you have questions or need assistance with legal issues and business challenges, ranging from licensing and compliance, call the Morrison Law Firm, LLC at (913) 780-6666 or send an e-mail to schedule a free consultation. We are located in Olathe and also serve people from the Johnson County area.

The post Will Fantasy Sports Be Considered Gambling In Kansas? appeared first on Paul Morrison Law.

Aggravated assault is a crime which criminal laws punish more severely due to its seriousness. Circumstances that can raise an assault to an aggravated assault typically include the use of a weapon, the status of the victim – for example a police officer or teacher, the intent of the perpetrator – meaning did they intend to cause detrimental harm, or show an obvious indifference to the person harmed, and the degree of injury caused – meaning causing injuries threatening death. Assaults that happen in a home can also qualify as an aggravated assault.

 Aggravated Assault Cases in 2015

Some popular cases this year include:

1. Phoenix Suns twins forwards Markieff and Marcus Morris

   According to a Fox Sports article, the twin brothers were indicted on a complaint of allegedly attacking an acquaintance along with several other men over an inappropriate text message. While they have both pleaded not guilty, the case is still ongoing. According to news reports, the man was attacked by 5 men total, and treated for a broken nose, bruises and abrasions.

2. George Zimmerman

   While we remember this name connected with the shooting of Trayvon Martin, Zimmerman was in the news again this year. He was arrested again for the alleged aggravated assault of his girlfriend. The girlfriend accused him of hurling a wine bottle at her, she later dropped the charges, and denied any truth to the claims according to the news article.

3. Driver William Crum in viral video wreck charged with aggravated assault

   A man shown in a video gone viral this year was in the news for sideswiping a motorcycle. When he was asked what he was thinking, his response was “I don’t care!!” He was later interviewed and said he was stung by a wasp and it was an accidental response. Both people were hospitalized however the female rider sustained more injuries. Crum was arrested and charged with two counts of aggravated assault with a deadly weapon on Monday afternoon. His bond has been set at $150,000.

If you have been arrested or charged with a crime, you need legal representation today. Please call (913) 780-6666 or complete our online form to schedule a free consultation with one of our attorneys. The experienced trial lawyers of Morrison Law Firm, LLC are ready to protect your rights in your criminal case.

Call a Kansas Criminal Defense Attorney | Morrison Law Firm

You need an experienced attorney who will fight for your rights. Choose wisely. Paul Morrison is a former Kansas Attorney General, noted by his peers as one of the country’s top trial lawyers. Call Morrison Law Firm at 913-780-6666 or contact us online to schedule a free consultation.

The post Aggravated Assault Cases Of 2015 appeared first on Paul Morrison Law.

One bad decision can change your life forever. We have all heard this, but it can really ring true if you find yourself in a situation facing possible jail time. Even in a situation where the details seem to incriminate you, and all the evidence is stacked against you, you still have the right to be represented by a competent attorney and be given your fair day in court. Calling a competent criminal defense attorney quickly can make a difference in the outcome of any case.

Securing legal representation as quickly as possible is the best way to help yourself if you have been arrested on a criminal charge. This is because a criminal defense attorney knows the laws in and out. Your attorney will advise you the best way to precede, what to say and not say, and how to best represent your story to the judge. Having that expertise on your side can make a huge difference in the outcome of your court hearing.

The penalties for stealing can range from minor to severe depending on the severity of the offense. You could be charged fines or be required to pay restitution; there could be required community service, or even a criminal record with jail time. Most types of theft are classified as crimes of “moral turpitude”. Having one of these types of crimes on your record can be a major setback. Convictions that lead to a felony will show up on background checks, and make it difficult to secure a job, or even rent a home.

The attorneys at Morrison Law Firm, LLC are criminal lawyers who truly understand the justice system, and will fight for your right to a fair trial. In every case, we examine your arrest, the police procedure and whether evidence was collected properly. We know the strategies prosecutors use and we know how to counter them. We have experience in all types of criminal defense cases including: burglary, misdemeanors, domestic violence, simple assault and battery, or even DUI, drug or violent crimes, sex crimes or even white collar crimes. Call Morrison Law Firm at 913-780-6666 or schedule a free consultation online today.

The post Caught “Red Handed”? Don’t Delay On Calling A Criminal Defense Attorney appeared first on Paul Morrison Law.

Ever since the explosion of the “drug culture” of the 1960’s, the divide between law enforcement and the general public’s view towards illegal drugs has become wider and increasingly more volatile. Hunter S. Thompson, a staunch advocate of drug use and its legalization, in his cult classic book, Fear and Loathing in Las Vegas from 1971 made this among other quotes a staple in popular culture, “…once you get locked into a serious drug collection, the tendency is to push it as far as you can” (ii). Thompson’s celebrity status did not, however, keep him above the law as he was the participant in multiple cases involving drugs. As the decades have passed since the early days of “the war on drugs,” the penalties for even small drug charges have increased, so much so that many law makers have begun to question if the merits of such severe penalties are causing more harm than good.

Are penalties becoming less severe?

According the Department of Justice (DOJ), between the years 2001 and 2013, more than 50% of prisoners serving sentences of more than a year in federal facilities were convicted on drug charges. Despite the increased desire by many to reform the laws surrounding drug related convictions, the trend is clearly toward an increased severity in penalties. Regardless of the implications, the drive to prosecute offenders of drug related charges is continuing to rise and has no signs of dropping.

This is my first offense, do I need an attorney?

The popularity of the law on T.V. and in the movies in recent years has given many a false sense of security with the belief that they know enough about the law to make decisions on their own. This type of programming is meant to entertain and has very limited roots in reality. The truth is that regardless of your situation, a drug charge is serious, and can carry with it steep fines and incarceration. Leaving your future in the hands of unsubstantiated assumptions or advice from friends and family is the worst decision you can make. If you are arrested on a drug charge, speak to an attorney who is experienced in your type of case before you speak to anyone else.

Kansas City Criminal Defense Attorneys

Paul Morrison Law knows what to do when defending clients in drug manufacturing, drug sale, drug possession and drug conspiracy cases. To arrange a consultation today, call 913-780-6666 or contact us online.

(ii) Thompson, H. (1998). Fear and loathing in Las Vegas: A savage journey to the heart of the American dream (2nd Vintage Books ed.). New York: Vintage Books.

The post What To Do When You Are Arrested For A Drug Charge appeared first on Paul Morrison Law.

Check Kiting is a form of white collar crime and check fraud. Depending on the severity of the case, the amount of money involved and the state or district in which you live, there may be different penalties for check kiting ranging from a misdemeanor with your local district attorney’s office to a federal felony carrying fines of up to $1,000,000 and jail time.

There are a few different forms of check kiting. Circular kiting, retail-based kiting, and corporate kiting. They all involve “taking advantage of the float”, where they take advantage of the time it takes from writing the check to when the check actually clears through the bank.

Circular kiting:

this is where someone writes a check to him or herself from an account that does have the funds to honor the check and depositing it into a second account and withdrawing the money immediately before the check has time to clear. Then the person will write another check from the second account and deposit into the first account to cover the first check written. This allows the person to the use of funds as a form of unauthorized credit and they may do this several times or until actual funds are deposited to cover the charges. This may involve 2 or more bank accounts in a rotating or circular scheme and most of the time unless a check has bounced the banks are none the wiser.

Retail Based kiting:

is similar to circular kiting but it takes advantage of a retail establishment (often a supermarket) that offers cash back in addition to the purchase amount when a check is written. Here is a scenario to illustrate how it is done

1. The person writes a check knowing he or she doesn’t have funds to honor the check.
2. Next, he or she goes somewhere, let’s say a supermarket, make a purchase and write a check (the kite) on a second account (which also doesn’t have sufficient funds) for the purchase plus a cashback amount that will cover the first check
3. They deposit the cash back into the first account to cover the first check
4. Now the second account does not have sufficient funds for the second check and the process is repeated until either the check writer has funds to cover the checks or the checks bounce and the retailer is defrauded of money.

Corporate Kiting:

involves using much more money, even millions of dollars, to embezzle money. The person defrauding will secretly borrow money or earn interest on corporate funds since they are often immediately available whereas individuals will usually have holds placed on large sums of money until it is cleared.

While most check fraud cases are prosecuted as state or local offenses and laws vary state to state, since most banks are federally protected the case may be prosecuted as a federal offense. This is especially true in the case of corporate kiting, which may be considered a Ponzi scheme, and involves much larger sums of money and the penalties, fines, and jail time may be substantial.

If you are the subject of an investigation, do not wait to be indicted. Prosecutors can have a small army of law enforcement officers and investigators examining financial transactions, accounting records, tax documents, computer activity and more. Call (913) 780-6666 or send an e-mail to schedule a free consultation. We are located in Olathe and serve people from the Johnson County area.

The post Embezzlement: Check Kiting appeared first on Paul Morrison Law.