Burglary Charges And Representation

Summary

The users husband is facing burglary and theft charges in Kansas. The user is dissatisfied with their state-appointed attorney, feeling that she is not adequately representing her husbands interests. The user is also concerned about the dismissal of charges against a co-defendant in the case. The husband is currently in jail for a probation violation, and the user is seeking advice on how to navigate the legal system.

Full Conversation

Okay my husband is being charged with burglary and Theft there's another guy involved but I'm wanting to find out is they just missed the case on motion of State without progresses on the other guy but my husband is still being charged with it
What state are you located in? This will help me provide more accurate information regarding your husband's case.
Kansas
What is the exact charge your husband is facing? In Kansas, burglary and theft are serious offenses with varying degrees of penalties.
Burglary on non-dwelling to commit felony theft sexually motivated crime level * felony and a misdemeanor theft property of or Services value less than *
What is the current status of your husband's case?
Well currently he's in jail for a probation violation because he was sick and had to leave detox and went to go back but had to have an evaluation done and parole officer would not get it done also that he missed too many appointments due to no transportation when we live * minutes from Topeka
What is the name of the court handling your husband's case?
Shawnee County District Court
What is the name of your husband's attorney?
Michelle Neis but she it's really treating my husband like he's a criminal when this is his first case and this other guy has multiple criminal cases for theft and burglary
Have you considered discussing your concerns about your husband's representation with his attorney, Michelle Neis, or seeking a different attorney?

Shawnee County District Court:
- Address: * SE 7th St #*, Topeka, KS *
- Phone: (*) *-*
We've thought about finding a different attorney if it would be worth fighting I'm just trying to figure out if and how they can do this by dismissing one and still charging my husbad
What evidence does the prosecution have against your husband? In Kansas, burglary and theft charges require proof of intent and action.
I'm not sure we never did see evidence but they did say they heard my husband but saw the other guy
What was the context in which they heard your husband and saw the other guy?
Deer camera footage
What exactly was captured in the deer camera footage?
I'm not *% sure because we never did get to see the footage the attorney never would show us
What reason did the attorney give for not showing you the footage? In general, defendants have the right to review the evidence against them.
She told my husband that he would have to come into her office to see it and when he tried to go there to see it she did not answer he has been asking for the evidence since the beginning
What steps have you taken to formally request the evidence from the attorney? In general, defendants have the right to review the evidence against them.
He has asked he for it multiple times and nothing
What is the next court date scheduled for your husband's case?
There is not one yet they're wanting to revoke his probation so they're supposed to be a show cause hearing but not when he's been scheduled yet. He has been in jail since August * and has not seen a judge. Now his attorney is on vacation til sep *
What is the probation violation your husband is being accused of? In Kansas, probation violations can lead to revocation of probation and potential jail time.
Because he missed a couple appointments because of Transportation because our motor ball in our car and his PO is saying that he refused to follow and comply with radac which he never refused he went to detox like they wanted and he had to leave because of kidney stones but when he was released and wanted to go back he had to have another evaluation done and his PO did not do it instead had him arrested
What is the name of your husband's probation officer? This information could be useful in understanding the situation better. In Kansas, probation violations can lead to serious consequences, including potential jail time.
Seth Haines
What is the nature of the relationship between your husband and the other guy involved in the case?
There's no relationship the property that was they said burglarized is my husband's best friend's parents shop next door my husband heard a loud noise as a good neighbor went to go check on it and the guy stole a broken air tool was all that was taken
What actions did your husband take after he heard the noise and found out about the burglary?
But my husband heard the noise he went down and checked to make sure nothing or no one was messing around there because he was given permission to go in that shop but the door was already open all my husband did was went in to make sure nobody was in there and that's when the guy stole the broken air tool and held the gun to my husband and he did not know that his best friend whose parents own the property is the one who told him that and was told that all they could hear was Alex's voice but he was not on camera the other guy was
Did your husband report the incident to the police immediately after it happened?
But my husband did but his friend know whose parents own the property about the incident to let them know that he shut the door after he went in and checked to make sure nobody was in there
Did your husband's friend, whose parents own the property, report the incident to the police?
No his brother did who does not like my husband
What actions did your husband's friend's brother take after reporting the incident to the police?
I'm not sure because it happened in * and just found out about it when he got arrested in January *
What actions have been taken since your husband's arrest in January *?
He's been arrested three times now on this and has done a *-day sanction already back in December
What were the reasons for his previous arrests and what were the outcomes of those cases?
It's for the same case and it's because you missed the court date and the second time he got arrested was because he missed a community correction appointment due to being sick and called in but she still violated him
What was the outcome of the missed court date and the missed community correction appointment?
The first court date he missed he had to pay $*,* Bond the second court date he missed the yard and then missed Community correction appointment he had to do 30 days
What is the current status of your husband's probation violation case?
According to the court website there's a motion for a show cause hearing but no hearing has beuen scheduled but his attorney said she's going to try to get his evaluation scheduled so he can go to treatment again like he's wanting but won't give answers about when a hearing is going to be scheduled every time my husband gets arrested she goes on vacation so he's stuck in jail longer because of it. .
What steps have you taken to communicate with the court directly about your husband's situation and the scheduling of his hearing?
None because she told my husband that if I was to contact the court it would get him in more trouble
What is the reason given by your attorney for not contacting the court directly? It's important to understand that you have the right to communicate with the court.
She told my husband we are supposed to go through her not the court that's why he has an attorney but I myself have not been happy or satisfied with her since this case started keep in mind my husband has mental issues so if I am not able to help him he don't know what to do or say and from my point of view this attorney pretty much just told him what to do. Not really faught for him at all during this whole case to me she's pretty much agreed not tried to argue nothing with the State prosecutor
What steps have you taken to express your dissatisfaction with your husband's attorney to her directly or to her superiors?
I've tried to express how I feel and my the disatisfaction with her I am told that I need to basically stay out of it because it'll make it worse on my husband to be honest this has really hurt our family because we have health issues on top of take care of his parents who have major health issues with our kids also having health issues who are out of state with my mother and every time I hasn't tries to do right he gets no help and ends up in jail
What steps have you taken to file a complaint against your husband's attorney for her conduct?
I haven't because I don't know anything really about the court system because I've never been in trouble I have a clean record. And like I said also my husband has never been in trouble this was the first time he's ever been charged like this so this is all new to both of us and I'm trying to fight for him and help him but I don't know what to do
What evidence does the prosecution have against your husband? In Kansas, burglary and theft charges require proof of intent and action. It's important to understand the evidence being used to build the case against him.
Because we cannot afford to pay for an attorney on our own because we are low income as he is disabled and trying to apply for disability
Have you considered applying for a public defender due to your financial situation? In Kansas, individuals who cannot afford an attorney may be eligible for a public defender.
His attorney is state appointed
What are your main concerns with the current state-appointed attorney?
I don't know she's fighting for him I feel like she is treating him like a big Criminal that he's not and taking advantage basically of him and pretty much telling him what to do
What steps have you taken to express your dissatisfaction with your husband's attorney to her directly or to her superiors?