Municipal Appeals, Expungements & Probation Violations in Johnson County
After being convicted of a crime, there are three important issues that can impact your future –
- Requesting an appeal if you have been wrongfully convicted
- Having a conviction removed from your record through the expungement process
- Fighting a probation violation that was filed by the prosecution
It’s important that you contact a qualified Johnson County criminal defense attorney for further guidance on how to proceed after a conviction.
Cities have their own courts where municipal violations are heard. As a practical matter, this means that most misdemeanor cases are heard in city municipal courts while felony cases are heard in district courts. In a municipal court you are entitled to have a trial, but you are not allowed to have a jury hear your case. If you disagree with the judge’s decision you have 14 days to file a notice of appeal. Once an appeal is filed the case starts over and proceeds as if the first trial did not happen. At the new trial you will be able to have a jury hear the case in front of a different judge.
In Kansas, your criminal record — arrest records, juvenile adjudications, and criminal convictions — can be expunged after certain requirements have been satisfied. Expungement removes the arrest or conviction from your criminal record (and prevents others from disclosing the protected information). Once the criminal record has been expunged, only you and certain government agencies will have access to the protected information.
Expungement does not happen automatically and requires that you petition the court. Petitions may be filed after a certain length of time passes. Generally, a juvenile must wait two years from the date the sentence is complete. While most adult convictions require a three-year waiting period. The presiding judge will then evaluate your background, the circumstances of the case, and whether expungement will serve the best interests of you and the community. The judge makes the final decision on whether to grant an expungement after conducting a full assessment.
Criminal convictions often result in a person being sentenced to complete a probation. If the prosecutor or probation officer believes you have violated a condition of probation they may file a motion to revoke it. All probations have underlying sentencing, which means if you are found to have violated your probation the judge can send you to jail or prison.You are entitled to have a hearing to contest the allegation that you violated probation. An attorney can help you contest the allegations or possibly enter into an agreement with the prosecutor to avoid the underlying jail or prison sentence.
Contact an Experienced Johnson County Criminal Defense Attorney at Merrill Law Firm
It’s important that you get in touch with a qualified Johnson County criminal defense attorney to understand what options are available to you after being convicted of a crime.
I’m Jerry Merrill, a criminal defense attorney in Johnson County that can assist you with post-conviction issues, including municipal appeals, expungements, and probation violations. My extensive experience handling criminal cases as a former prosecutor, occasional judge, and as a defense attorney ensures that I am well positioned to argue on your behalf.
I know that success in criminal defense requires real trust and understanding in the attorney-client relationship. I am dedicated to my clients, and committed to your case. I provide clients with my personal number, and make myself available to answer calls and texts the same day. I am also available on evenings and weekends, as necessary.
Call (913) 815-0705 for a free consultation.