Legal Talk

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q:  I saw a man get hit when he was riding his motorcycle/scooter.  The other driver was speeding and obviously at fault and I am pretty sure the man was injured.  I didn't get to talk to the injured man because the ambulance came and got him and the police didn't ask anyone any questions that I saw.  I couldn't stand there all day because I was on my lunch hour.  What can I do so that the information gets to the right people?

A:  You need to contact the police department where the accident happened and tell them who you are and what you saw if you had no other involvement other than being a witness to the accident.  As a member in a civilized society you owe an obligation to others to help justice prevail in these types of motorcycle accidents.  The police will take your information and supplement their report accordingly.  The police may very well already know what happened and you may never hear anything else about it.  On the other hand you may be the only person who can help blame or liability be allocated to the correct party.  If necessary you may be contacted by a personal injury attorney, or maybe the police, you can't be sure until you tell them what happened.  Now, if you were involved in the accident you need to consult with an attorney immediately and determine your best course of action.

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q:  My son and some other boys were out driving around outside of Olathe over the holiday weekend.  They were pulled over for speeding.  The officer issued my son a speeding ticket and then asked to search the car.  The boys had a bottle of whiskey in the car that was unopened.  The officer gave them all tickets for minor in possession.  What do I need to know?

A:  The first thing you need to know as that you need to consult directly with a criminal defense lawyer, and you need to bring your son and have him tell the attorney everything that happened.  As I am sure you will soon find out a minor in possession charge can be a big deal for a young kid.  Depending on your son's age he may be looking at up to a month in jail.  He is also looking at a possible driver's license suspension and a rather large fine.  Not to mention he could end up with a criminal record.  If you get an MIP in Olathe or in Johnson County there are often options to avoid having many of these negative outcomes consult with a lawyer who does MIP work to explore further options.  Also, ask about defenses because depending on the location of the alcohol, your son's knowledge of its presence, et cetra. there may be a defense to the charge.

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q: What are the conditions for obtaining title by right of adverse possession?

Before I answer this question I am going to put a little context to explain what this legal term of art is.  Adverse possession is a legal process where one person takes title to property that does not belong to them.  It usually comes up between neighbors on a fence line dispute or similar circumstances.  It is basically a common law carry over to encourage the use of one's property.

A:  I can not 100% accurately answer this question because the answer is different depending on which state you live in.  However, I will tell you the general conditions that are the most common for someone to take title through adverse possession.  To take title through adverse possession you must show that you could fully satisfy the conditions of this one sentence.

"You must open and notoriously, make continuous and exclusive, hostile use of property that you actually have physical possession of for the statutorily required term of years"

Now that sounds easy but it isn't.  Let’s look at each element.

Open and Notoriously- You have to use it like the normal user would use it and in such a blatant and obvious way that if the true owner saw how you were using it they would be put on notice that someone else is laying claim to the land.

Continuous- You have to maintain a continuous use/presence on the property.  You cannot give up the land or not use it then come back and assert a claim, without starting all over again.

Exclusive- No other person can be using the land for their purpose. i.e. you can't adversely possess an operating theme park

Hostile- You have to be on the property without permission.

Actual possession-  You have to maintain actual physical possession, you can't adversely possess the land from across the state. (Usually fencing the land in with an adjacent property can satisfy this requirement.

Term of years-  Each state has a specific term of years you must hold the land.  Sometimes the term will be different if you have color of title.

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q: I have a pending criminal case for a felony DUI and an aggravated assault.  I was at a bar when this all happened and then I left in my car.  I know some of the people at the bar and want them to come in and testify as to what happened.  I think this will help my case and explain what happened.  I have talked with 3 of the 5 people that I want to come in and some said they wouldn't come to court.  What can I do to make them come to court?

A: You should be asking your criminal defense lawyer this question.  When you have serious felony charges like this you need to hire an attorney or ask the court to appoint one for you.  Having evidence, (i.e. witness testimony) that will help your case needs to be told to your attorney and brought before the court.  If the witnesses will not show of their own free will to tell the story then your attorney can subpoena/summons them into court and make them testify under oath as to what they witnessed, so long as it doesn't implicate them in a crime.  This is basic knowlege that all attorneys should have. 

Depending on what the witnesses will say under oath this may be a good thing or it may be a bad thing.  You need to consult with a criminal defense lawyer before making that decision.

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q:  This may seem like a stupid question but my son called me from out of state and told me that he had gotten a DUI charge and they had him plead guilty to the charge. He said they gave him probation.  What exactly does that mean?

A:  Probation is a term commonly used in criminal courts. Probation is a type of punishment/sentence for a criminal act.  How it generally works is that a person will commit a crime and then get charged with that crime.  One of four things will happen shortly thereafter, 1) they will plead guilty to the crime, 2) they will be found guilty by a court after a trial, 3) they will be acquitted or the crime, or 4) the charges will be dismissed.  If the person is found guilty or pleads guilty, either through their own admission or through a trial and finding of guilt, the judge will sentence them to a punishment for their crime.  The judge can sentence them to jail, probation, or some combination of the both.  If the person is convicted of a less serious crime and the judge wants the defendant to not actually go to jail he/she will sentence them to a jail sentence but suspend the sentence and put them on probation.  The judge will then give them some probation terms or conditions.  If the defendant that is granted probation follows the terms of the probation until the probation term expires then they can keep themselves out of jail.  If the person does not follow the terms of the probation then the state will file a motion to revoke the probation and that person will have to answer to the judge as to why they didn't follow the terms of the probation and the judge may or may not put them in jail at that time.  If you have further questions contact a criminal defense lawyer.

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q:  I left a party and shouldn't have been driving.  I got pulled over and was arrested for a DUI in Kansas.  The cops let me out on a signature and gave me a court date.  What is the benefit of hiring a DUI lawyer?  I am guilty and it is my first offense, what can a lawyer do?

A:  You need an lawyer that specializes in criminal defense and DUI.  That's not a suggestion or a wish list or a think about it.  It’s a fact.  You have a lot on the line when you get a DUI charge.  First, you are looking at a license suspension and you only have 14 days to request a hearing before the state suspends your license.  Second, you are looking at going to jail.  Third, you are facing the possibility of having a criminal record.  There are many additional consequences to receiving a DUI convictions that you need to speak with an DUI lawyer about.

There is an enormous benefit to hiring an attorney.  An attorney can look over your case and see if there may be a defense.  They can advise you on your rights and help you with your license.  An attorney can tell you about alternatives to pleading guilty that may be able to keep the conviction off your record.  There are a host of different things an attorney can do to help.  Here are few commonly asked questions when it comes to hiring a criminal defense lawyer.  The long and short of it is that you are in a lot of trouble and having a criminal conviction for a drunk driving charge has some very serious ramifications right now as well as latter in life.  Do your self a favor and speak with a couple DUI lawyers and hire someone that you are comfortable with, and do it right away.

I always give people this analogy when they are contemplating if they need a laywer or not.  When you are facing a criminal case there is a lot at stake. Your freedom, your job, your criminal record, and your future are all on the line. A criminal conviction can land you in jail for a lengthy time, it can cause you to lose your current job or make it difficult to get another job in the future. A criminal record can bar you from certain professions and affect your ability to become licensed with the state for some professions. Some convictions will strip you of your right to carry a firearm and could take away your right to vote. Having a criminal record can have many negative ramifications in your life. To put is short, the stakes really can not get any higher.

Now that you understand the seriousness of your situation, you need to understand why you need help. Just like you would never think of performing surgery on yourself because you don't have specialized medical training. You should never try to handle your own criminal case because you don't have specialized legal training.  An experienced criminal defense lawyer can guide you through the criminal procedure process and advise you as to your rights and options. When the time comes a criminal defense lawyer can stand up and advocate for you, assert your rights and protect your freedom and good name.

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q:  I live in Kansas and I was pulled over for speeding in Kansas.  When I got pulled over the officer told me I had a warrant out for my arrest.  The officer didn't arrest me but told me to clear it up.  He also told me my license was suspended.  I don't know why the warrant was issued or where the warrant is from.  What should I do?

A:  I would start in Kansas, and I would start with the Kansas Department of Revenue.  Most of the time people have a warrant out for not showing up to court.  Many times this is because a person has a traffic ticket they didn't take care of.  When you get a ticket and don't go to court then the judge will often do two things: 1) Suspend your driver's license 2) issue a warrant for your arrest.  This may be what happened.  To find out where the ticket was issued you can go to the Kansas Department of Revenue's website and check why your license is suspended.  This video will explain how to do it. 

Once you have found out where your license is suspended then you can begin the process of taking care of the warrant and addressing the suspension.   If this doesn't provide you with the answer you need (no warrants are present) then you may have a warrant out for a criminal case. If the warrant is because of a criminal case you may want to contact a criminal defense lawyer so that he/she can surrender you to the court and get a bond set for your release.  This may save you money on a bond, and will give you an opportunity to talk with a criminal defense lawyer.  To determine if you have a warrant on a criminal case you can go to the jail in your county and ask, or you can have a lawyer send in a written request to the sheriff's office.  Beware if you go in to the jail they may arrest you if you have a warrant out.  Depending on what state you are in this process will obviously differ.  Spend a little time researching on google and call a local criminal defense lawyer if you need additional help. Good Luck!

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q: I had an injury down at the lake.  I rented a small place by the lake with a boat dock.  While I was docking my boat one of the winch straps broke on the dock and caused the metal hook to fling back and hit my hand.  The owner didn't tell me anything about the straps being to old to use.  I went to the doctor and they said my trapezium is broken.  I work with my hands all day and can't work right now.  Will I be able to get money from the owner?

A:  Sorry to hear about your hand.  Anytime your hand is injured it nearly always affects your ability to work, a broken trapezium injury can be one of the worst.  As to your claim, it depends on several factors that your lawyer will want to know.  The first question I would ask is when did this occur.  Personal injury claims are only good for a small window of time after the injury occurs.  If you wait too long you're out of luck.  The second thing I would want to know is; is there anyone to blame?  Did the owner know or should he have known that you would be using the strap and that it was faulty?  The third thing I would want to know is why did the strap fail?  Was is a manufacturing defect or was it just in disrepair?  There are many questions that need to be answered before an attorney can give you an accurate evaluation of your case.  I would schedule an appointment with a local personal injury attorney in your area to get a more specific evaluation of your case.  Most of the time personal injury lawyers will offer a free consult then take the case on contingency so they don't charge unless they win.  Good luck!

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q: My ex-girlfriend and I had a baby together in 2009, we live together and my name is on the baby's birth certificate.  I found out she had been cheating on me with my boss and now I don't want to be with her anymore.  I told her I was moving out and she told me that I would never get to see my kid again if I left.  It's not my little guys fault his mom is a cheater, I still love him just not his mother.  What can I do?

A:  Sorry to hear about your bad luck.  You need to establish paternity.  Once you have established that the child is your child then you can get parental rights and all the privileges that go along with those rights.  (i.e. custody or visitation) I would suggest you speak with a family lawyer in you geographical area.  Make sure to ask if the lawyer specializes in family law, as it is a complicated and specialized area of the law.  Often it has many court specific rules that need to be followed.  Even if it may cost more money, hire someone that you feel is very knowledgeable and that you trust and get along with.  You don't want someone that just dabbles in family law.

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q: My dad was mowing the lawn with a brand new lawn mower, he had only used it two times since he bought it.  Something happened with the lawn mower and a piece of metal came out from under it and hit him in the heal.  It cut his heal pretty badly chipped a bone and we had to take him to the emergency room.  He had to take off work and we are not sure what to do. My mother doesn't work and they need his income to get by. Is there anything we can do?

A:  First off, you need to contact a personal injury lawyer right away.  Remember, you have a limited time to assert a claim so do not wait and valuable evidence needs to be preserved.  That being said, I assume from the question that this just happened recently so to get started you want to check with your father's employer to see if he has any short-term disability insurance that he can utilize to get some money coming in why he is healing.  Depending on the extent of the injury he may need to seek long-term disability. As far as getting additional money to compensate him, speak with a personal injury lawyer.  There may be some liability on the part of the manufacturer of the mower depending on if the mower malfunctioned or if it was damaged in some way.  If he just hit something in the yard and it came up and hit him then there also may be some design defect that would also give rise to liability on the part of the manufacturer of the mower.  I would also want to know if he was mowing is own yard or if he was mowing another person’s yard, another person they may have some liability also, depending on the circumstances.  Long story short, you need to speak with a personal injury lawyer so he/she can investigate what happened and your father's possible claims.  Sorry to hear about your father's bad luck, hope he gets better soon.