Summary
In Kansas, an accessory to a crime can face similar penalties to the principal offender, depending on the specific circumstances and the nature of the crime. An accessory before the fact is punished similarly to the principal offender, while an accessory after the fact typically faces less severe penalties. Being an accessory to felony murder can result in severe penalties, with an accessory before the fact facing similar penalties to the person who committed the murder. If involved in a felony that resulted in a death, you could be charged with felony murder. Winning an appeal generally does not result in more time unless new evidence or circumstances arise. Sentence modifications are typically handled by the court that originally sentenced you. Filing an untimely appeal may be possible under certain circumstances, such as newly discovered evidence or prosecutorial misconduct.Full Conversation
can you be an accessory to felony murder
In Kansas, being an accessory to felony murder can result in severe penalties. Here are the key points:
- **Accessory Before the Fact**: Can face similar penalties to the person who committed the murder.
- **Accessory After the Fact**: Generally faces less severe penalties but still significant.
Could you share more details about your involvement or the circumstances of the case?
I was with an individual who set a house on fire and someone died as the result. What is my legal responsibility
Given the situation in Kansas:
- **Felony Murder Rule**: If you were involved in the commission of a felony (e.g., arson) that resulted in a death, you could be charged with felony murder.
- **Accessory Before the Fact**: If you aided, abetted, or encouraged the crime, you face similar penalties to the principal offender.
- **Accessory After the Fact**: If you helped the offender after the crime, you generally face less severe penalties but they are still significant.
Can you clarify your role in the incident, such as whether you helped plan the crime or provided assistance afterward?
if you win your appeal, can you get more time
In Kansas, if you win your appeal, the court may order a new trial, modify your sentence, or even dismiss the charges. However, it is generally unlikely to result in more time unless new evidence or circumstances come to light.
Could you specify what type of appeal you are referring to?
who would modify my sentence
In Kansas, the modification of a sentence typically falls under the jurisdiction of the court that originally sentenced you. This can happen through various means such as an appeal, post-conviction relief, or a motion for sentence modification.
Kansas District Court
Website: www.kscourts.orgCould you provide more details about your current legal standing or the reason for seeking a sentence modification?
my prosecutor has been convicted of crimes and removed from his prosecutorial position. He solicited me for sex before he prosecuted my case 12 years ago. He aranged a plea deal with me for 281 months afterwards, a very severe punishment for my first felony. I am trying to find a way to file an untimely appeal on this.
In Kansas, filing an untimely appeal may be possible under certain circumstances, such as newly discovered evidence or a significant change in the law. Here are some steps you may consider:
- **Post-Conviction Relief**: You might be eligible to file a motion for post-conviction relief based on prosecutorial misconduct.
- **Ineffective Assistance of Counsel**: If your original attorney failed to adequately represent you, this could be grounds for appeal.
~Kansas District Court
Website: [Kansas District Court](http://www.kscourts.org)
Could you provide more details about any previous attempts to appeal or other legal actions taken regarding your case?
what constitutes as manifest injustice in kansas criminal law
In Kansas criminal law, "manifest injustice" may be considered in the context of post-conviction relief or sentencing. It generally involves a situation where the outcome of a case is fundamentally unfair. Key points include:
- **Incorrect Legal Process**: Errors in the judicial process that affected the fairness of the trial.
- **Prosecutorial Misconduct**: Significant misconduct by the prosecutor, such as coercion or false evidence.
- **Ineffective Assistance of Counsel**: Inadequate legal representation that affected the outcome.
- **Newly Discovered Evidence**: Evidence that could significantly alter the verdict or sentence.
Could you provide more details about your specific concerns or any previous legal actions taken?
what is rape trauma syndrome
Rape Trauma Syndrome (RTS) is a form of post-traumatic stress disorder experienced by survivors of rape or sexual assault. Key aspects include:
- **Acute Phase**: Immediate reactions such as shock, fear, or anger.
- **Reorganization Phase**: Long-term effects like depression, nightmares, or relationship issues.
- **Integration/Resolution Phase**: Gradual healing and coping mechanisms.
Are you seeking this information for a legal case or personal understanding?
is it legal for a prosecutor to amend charges on one case to raise sentencing severity on another case
In Kansas, a prosecutor can generally amend charges in the same case but not to increase the severity of sentencing in a separate, unrelated case.
- **Amendment of Charges**: Prosecutors can amend charges within the same case, often before trial.
- **Separate Cases**: Sentencing in one case should not directly influence another unrelated case.
Could you provide more details on whether the cases are related or part of a plea agreement?
prosecutor amended criminal threat charge to three battery charges on one case so i could be elevated on the criminal history grid for another case
In Kansas, amending charges within the same case is permissible, but using one case to elevate criminal history for another case may raise legal and ethical issues. Here are key points:
- **Amendment of Charges**: Prosecutors can amend charges within the same case, typically before trial.
- **Criminal History Grid**: Sentencing guidelines consider prior convictions but manipulating charges to influence another case is questionable.
Have you consulted with an attorney about this specific situation?
is this calld improper purpose
In Kansas, the actions you've described could potentially constitute "improper purpose" if the prosecutor's amendments were made to unfairly influence your criminal history for another case. It could raise ethical and legal concerns.
Have you considered filing a complaint with the Kansas Bar Association or consulting an attorney for professional advice on potential prosecutorial misconduct?
i need a free consultation with an attorney
While I can't provide direct attorney consultations, I can guide you on where to seek free legal advice in Kansas.
~Kansas Legal Services
Website: [kansaslegalservices.org](https://www.kansaslegalservices.org/)
Phone: *-*-*-*
They offer free legal consultations for those who qualify. Would you like more information on how to contact them, or do you have additional questions about your case?
they do not do criminal law
For criminal law issues in Kansas, you might want to reach out to the following resources:
~Douglas County Legal Aid Society, Inc.
Website: [douglascountylegalaid.com](https://www.douglascountylegalaid.com/)
Phone: (*) *-*
~Washburn Law Clinic
Website: [washburnlaw.edu](https://www.washburnlaw.edu/academics/clinics/)
Phone: (*) *-*
Could you provide more details about your case or specific questions you need assistance with?
what is malicious prosecution in kansas
Malicious prosecution in Kansas involves initiating a legal action with malice and without probable cause. Key points include:
- **Malice**: The intent to harm the defendant without justification.
- **Lack of Probable Cause**: No reasonable basis to support the prosecution.
- **Damages**: The defendant must have suffered harm as a result of the prosecution.
Are you considering pursuing a claim for malicious prosecution, or do you need further details on a related issue?
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