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MrMaxwell · 04-18-2013, 02:06 PM

Great minds of GFY (the few that do exist) ...... I need ideas about this .. If you come up with anything helpful I WILL GIVE YOU MONEY

Met with my new public lawyer and she says I will have to do 5 days in jail PLUS 85 days house arrest.. That sounds to me like the sentencing for a 3rd+ offense.. http://www.kansasduidefenseteam.com/..._in_Kansas.cfm

I'm looking at my actual case and it says

Original Charge - Statute

KSA Number: 08.1567.e
Felony or Misdemeanor: M Drug or Non-Drug: Non Drug
Person or not: Undefined Reporting Group: CHAPTER 8
Statute Revision: 201107 Section: 1567
Sub-Section 1: e Sub-Section 2:
Sub-Section 3: Sub-Section 4:

Then I look at the actual statute and it says

http://www.kslegislature.org/li/b201...08_015_0067_k/

(B) on a second conviction a class A, nonperson misdemeanor. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,250 nor more than $1,750. The person convicted shall serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 120 hours of confinement. Such 120 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 2012 Supp. 21-6609, and amendments thereto, to serve the five days' imprisonment mandated by this subsection only after such person has served 48 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 120 hours of confinement within the boundaries of the offender's residence. Any exceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 120 hours;

(E) on a fourth or subsequent conviction a nonperson felony. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 2,160 hours of confinement. Such 2,160 hours of confinement shall be a period of at least 72 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 2012 Supp. 21-6609, and amendments thereto, to serve the 90 days' imprisonment mandated by this subsection only after such person has served 72 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 2,160 hours of confinement within the boundaries of the offender's residence. Anyexceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 2,160 hours.

Does anyone know if they can do that? Am I reading this right, that they've charged me with the wrong offense? Can this be dismissed some way? This is pretty crazy - It sounds to me as if I am being charged with and will be sentenced for a fourth!! I had one of these in 2007 - this should be second offense

04-18-2013, 02:06 PM
MrMaxwell Too lazy to set a custom title Industry Role: Join Date: Jul 2005 Posts: 10,057	Is there a LAWYER in the house? Great minds of GFY (the few that do exist) ...... I need ideas about this .. If you come up with anything helpful I WILL GIVE YOU MONEY Met with my new public lawyer and she says I will have to do 5 days in jail PLUS 85 days house arrest.. That sounds to me like the sentencing for a 3rd+ offense.. http://www.kansasduidefenseteam.com/..._in_Kansas.cfm I'm looking at my actual case and it says Original Charge - Statute KSA Number: 08.1567.e Felony or Misdemeanor: M Drug or Non-Drug: Non Drug Person or not: Undefined Reporting Group: CHAPTER 8 Statute Revision: 201107 Section: 1567 Sub-Section 1: e Sub-Section 2: Sub-Section 3: Sub-Section 4: Then I look at the actual statute and it says http://www.kslegislature.org/li/b201...08_015_0067_k/ (B) on a second conviction a class A, nonperson misdemeanor. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,250 nor more than $1,750. The person convicted shall serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 120 hours of confinement. Such 120 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 2012 Supp. 21-6609, and amendments thereto, to serve the five days' imprisonment mandated by this subsection only after such person has served 48 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 120 hours of confinement within the boundaries of the offender's residence. Any exceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 120 hours; (E) on a fourth or subsequent conviction a nonperson felony. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 2,160 hours of confinement. Such 2,160 hours of confinement shall be a period of at least 72 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 2012 Supp. 21-6609, and amendments thereto, to serve the 90 days' imprisonment mandated by this subsection only after such person has served 72 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 2,160 hours of confinement within the boundaries of the offender's residence. Anyexceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 2,160 hours. Does anyone know if they can do that? Am I reading this right, that they've charged me with the wrong offense? Can this be dismissed some way? This is pretty crazy - It sounds to me as if I am being charged with and will be sentenced for a fourth!! I had one of these in 2007 - this should be second offense Last edited by MrMaxwell; 04-18-2013 at 02:10 PM..