QUESTIONS ABOUT SENTENCING
Questions About Sentencing Outcomes
WHAT ARE THE ALTERNATIVES TO GOING TO JAIL IN JOHNSON COUNTY?HOW DOES A LAWYER GET YOU LESS TIME THAN REQUIRED BY LAW?WHAT IS A "SPECIAL RULE" WHEN IT COMES TO SENTENCING IN KANSAS?WHAT IS A MOTION FOR UPWARD DISPOSITIONAL DEPARTURE?WHAT DO YOU DO IF YOU HAVE A RESTITUTION AMOUNT THAT YOU SIMPLY CAN'T PAY?CAN YOU GET MORE PUNISHMENT FOR NOT RENDERING AID TO A VICTIM?CAN YOU GET MORE PUNISHMENT IF YOUR CRIME IS GANG RELATED?IS THERE A SPECIAL SENTENCING RULE FOR BURGLARY WHEN YOU HAVE A BURGLARY "PRIOR"?WHAT IS THE SPECIAL SENTENCING RULE FOR PERSISTENT SEX OFFENDERS?WHAT IS THE SPECIAL SENTENCING RULE FOR A CASE OF "UNLAWFUL SEXUAL RELATIONS" AND CAN YOU GET AROUND IT?CAN YOU GET A MORE SEVERE PUNISHMENT IF THE VICTIM IS AN ELDERLY PERSON?CAN YOU GET A MORE SEVERE PUNISHMENT IF YOU FLEE AND ELUDE THE POLICE?MAY A COURT CONSIDER VICTIM STATEMENTS OR STATEMENTS BY PEOPLE CLOSE TO THE VICTIM WHEN DETERMINING WHETHER TO IMPOSE MORE, RATHER THAN LESS, A MORE SEVERE PUNISHMENT?CAN YOU GET MORE PUNISHMENT FOR COMMITTING A CRIME WHILE ON PROBATION?WILL A JUDGE GIVE YOU MORE TIME IF YOUR CRIME WAS MOTIVATED OUT OF HATE FOR A PARTICULAR RACE, GENDER OR RELIGION?CAN THE JUDGE GIVE ME MORE TIME IF MY VICTIM WAS PARTICULARLY VULNERABLE?IS A SEXUALLY VIOLENT CRIME COMMITTED BY A PREDATORY SEX OFFENDER A STATUTORY COMPELLING REASON FOR UPWARD DEPARTURE?CAN A SENTENCE BE LONGER IF THE CRIME WAS COMMITTED IN A PARTICULARLY BRUTAL MANNER?CAN A DEFENDANT'S PRIOR CONVICTIONS FOR SIMILAR OFFENSE JUSTIFY AN INCREASED SENTENCE?CAN A JUDGE ORDER AN UPWARD DEPARTURE FROM THE PRESUMPTIVE SENTENCING GUIDELINES IF THE CRIME WAS RACIALLY MOTIVATED?WHAT IS THE EFFECT OF A DEFENDANT'S REFUSAL TO PARTICIPATE IN THE LSI-R?WHAT "STANDARD" MUST A JUDGE FOLLOW WHEN DETERMINING WHETHER TO GRANT A MOTION FOR A DEPARTURE FROM THE SENTENCING GUIDELINES?CAN STATEMENTS MADE DURING A MENTAL EVALUATION BE USED DURING SENTENCING?IF YOU DON'T USE A FIREARM AS IT IS INTENDED TO BE USED, DOES IT STILL QUALIFY AS A REASON FOR A MORE SEVERE SENTENCE?WILL I GET A LESSER PUNISHMENT IF THE VICTIM WAS A PARTICIPANT IN THE CRIME I WAS CONVICTED OF?CAN THE JUDGE GIVE ME MORE TIME IF MY CRIME CAUSES "EXCESSIVE" HARM?WILL THE JUDGE CONSIDER GIVING ME A LESSER SENTENCE BECAUSE I HAVE MENTAL OR PHYSICAL IMPAIRMENT?IF THE PROSECUTOR WANTS TO ENHANCE MY PRISON SENTENCE BASED ON AN AGGRAVATING FACTOR DO THEY HAVE TO PROVE IT TO A JURY?IS A VIOLATION OF A FIDUCIARY RELATIONSHIP A STATUTORY COMPELLING REASON FOR UPWARD DEPARTURE?IF I IMMEDIATELY ACCEPT RESPONSIBILITY FOR THE CRIME I COMMITTED, COULD THE COURT GIVE ME A LESSER SENTENCE?CAN YOU GET A LESSER SENTENCE IF YOU ARE AMENABLE TO PROBATION?DOES THE FACT THAT THE VICTIM WAS AN AGGRESSOR JUSTIFY A LESSER SENTENCE?CAN THE JUDGE ORDER YOU TO TREATMENT INSTEAD OF PRISON?CAN A TRIAL COURT HEAR A MOTION TO CORRECT AN ILLEGAL SENTENCE?MAY A COURT CONSIDER A DEFENDANT'S AGE OR DIMINISHED CAPACITY AS A REASON FOR A LESSER SENTENCE?MAY A COURT CONSIDER THE TIME THAT HAS PASSED FROM PREVIOUS CONVICTIONS WHEN DETERMINING WHETHER OR NOT TO GRANT A MOTION FOR A LESSER SENTENCE?IS THE CRIME WAS COMMITTED UNDER DURESS IS THAT A FACTOR THE JUDGE WILL CONSIDER FOR A LESSER SENTENCE?IF I HAVE YOUNG CHILDREN AT HOME IS THAT A REASON FOR THE JUDGE TO GIVE ME A LESSER SENTENCE?CAN YOU APPEAL YOUR SENTENCE IF IT FALLS WITHIN THE PRESUMPTIVE SENTENCING RANGE?CAN I GET MY SENTENCED REDUCED IF THE CRIME COMMITTED ONLY RESULTED IN A SMALL AMOUNT OF HARM?CAN A SENTENCE BE INCREASED IF THE DEFENDANT ENTICED A MINOR TO COMMIT A CRIME?