Key Practice Areas

   Family Law

• Divorce
• Paternity
• Custody
• Child Abduction
• Child Support
• Adoptions

   General Criminal
   Defense

• Domestic Violence
• DUI's
• Drug Offenses
• Traffic

State Felonies and Misdemeanors

In Kansas and Missouri

Criminal charges, especially state felonies, are serious criminal offenses that can negatively affect your future and should not be taken lightly. Criminal law is put in place to maintain order and to protect the rights of others and their personal property. A felony conviction usually results in severe punishment, prison terms, difficulty seeking employment, loss of voting rights, and sometimes capital punishment. If faced with a felony charge, be sure your rights are protected by seeking a lawyer with strong representation and experience in criminal law. Your lawyer should help you seek the fairest outcome regarding your case.

DUI Defense

A driving under the influence case can result in a criminal record and the loss of your driving privileges. If you have been charged with a DUI in Kansas or a DWI in Missouri, you need to contact a lawyer immediately. In Kansas you only have 10 days to request a hearing; in Missouri it’s 15 days. If you miss the deadline your driving license will be suspended.

First Offense (Kansas)

The first DUI conviction is considered a Class B misdemeanor. The fine is a minimum of $500 and a maximum of $1,000; minimum jail time of 2 days with a maximum of 6 months, or 100 hours of community service. There is, also, an alcohol and drug assessment with a court order that you follow the recommendations of the evaluation, and complete an educational program about excessive use of alcohol. Probation will be ordered until you complete these requirements.

Diversion

If you haven't been in trouble with the law before, talk to your attorney to see if you may be eligible for a diversion agreement. If you have any significant criminal record, you probably aren't going to qualify for the diversion. But don’t expect the prosecutor to tell you that until after you've paid the money to apply for it. Don't be foolish with your time and money - be forthright and honest with your attorney about your prior convictions. If you had an accident, then the State prosecutors are prohibited from offering you a diversion. Each jurisdiction's prosecutor will draft the terms of the diversion contract. Expect there to be court costs, fees, educational programs, therapy, community service hours and stable housing and employment or successful completion of school programs. Upon completion of all the terms of the diversion agreement, the prosecution will dismiss the charge(s) if you haven’t gotten into any further trouble after the period of time contained within the diversion agreement. But, in most cases, even DUI's dismissed after diversion will count toward the number of convictions should you be charged again with a DUI. In most cases, it will be considered the second offense.

If you don't complete the requirements of either the diversion or the probation, you will be subject to the possibility of six months in the county jail. Discuss these options fully with your attorney.

Second Offense and beyond

A second DUI conviction is a Class A misdemeanor. It carries a mandatory fine in the range of $1,000 to $1,500 and a minimum mandatory 5 days in the county jail with a maximum of one year in the county jail. Your driving privileges will also be suspended for a year followed by another year of restricted driving. You will be required to have a device installed in your vehicle called an "interlock" which prevents the vehicle from moving without blowing into the breathalyzer to ensure you are alcohol-free before driving. In addition, you will be placed on probation again. But if you don't comply with the terms of probation, you could be sentenced to a year in the county jail.

Any third and subsequent DUI convictions are classified as off-grid felonies. The courts can go back indefinitely in time to consider DUI offenses. Even if your first offense resulted in a diversion agreement, it will count against you. Any 3rd or subsequent conviction is considered a non-person felony and carries a minimum mandatory fine of $1,500 with a possible maximum of $2,500. There is a minimum jail sentence of 90 days. House arrest or work release programs are viable options. Speak to your attorney about this. After the minimum jail time has been satisfied, you will be placed on probation if you are eligible for it. The same probation terms will apply as above along with an interlock device and loss of driving privileges for one year followed by another year of restricted driving privileges.

Any subsequent convictions after the third one will carry the same punishments except that the individual will be supervised by the Kansas Parole Board and must complete an intensive outpatient program along with some other more restrictive probation terms, depending on your jurisdiction. Again, your driving privileges will be suspended for a year, restricted for another year and an interlock device (your own breathalyzer) will be required before you can drive a vehicle.

And if the above penalties aren’t enough, expect your insurance premiums to go through the roof.

Your attorney can review the legal paperwork to verify whether all the notice requirements were adhered to and whether “reasonable suspicion” existed for the police to perform the traffic stop. Likewise, your attorney can review whether there was “probable cause” to arrest you in the first place. It is not uncommon for someone to get arrested for DUI after passing the breathalyzer test. The best way to get the charge dismissed is to get legal representation immediately.
In the meantime, if you are pulled over and you have been drinking, don’t say anything. You have the option of refusing the breathe test. However, if you refuse it, you can be punished as if you had failed it, even if you could have passed it. You were probably videotaped from the cop car so be smart in case your case ever goes to the jury and they have to watch the tape during your trial.

If you fail a sobriety test or if your license is suspended due to a DUI charge, you need a lawyer that will protect your driving rights. You and your family depend on your driving privileges. Find a lawyer that is experienced in DUI defenses and is familiar with the laws regarding DUI’s in Kansas and DWI’s in Missouri.

Call the office of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Domestic Violence

Most states have a mandatory arrest policy for domestic violence cases. If the police are called to a disturbance, it is highly likely that one or both parties are going to jail. However, the mere fact that someone has been arrested and thrown into jail does not mean a crime has been committed.

In Kansas, Domestic Battery is defined as:

(1) Intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or

(2) intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner. K.S.A. 21-3412(a).

Often times the mere allegation of physical violence or contact is enough to send someone to jail. In addition, there may be a no contact order issued by the judge after a domestic violence charge has been filed. This no contact order essentially prevents the “victim” and “defendant” from interacting or communicating with one another on any level. This may cause deep strain between the parties because often times they will have children in common. Never attempt to contact the “victim” as this may cause additional criminal charges to be filed against you. Moreover, an allegation of domestic violence may make one subject to a civil Protection From Abuse (PFA) or Protection From Stalking orders (PFS). Although PFA’s and PFS’s are civil in nature, a violation of the order can lead to criminal charges that may carry jail time. Convictions of domestic violence crimes can affect one’s ability to seek or maintain employment, own or possess firearms, and may jeopardize their eligibility for student loans.

Needless to say, because of the complexity and severity of domestic violence charges, anyone facing prosecution should contact an experienced domestic violence attorney. Many cases of domestic violence can be resolved by setting the matter for trial and forcing the prosecution to prove their case beyond a reasonable doubt. A diversion agreement, anger management classes, counseling, and probation may be appropriate options to consider.
As your attorney, it is my goal to receive the best possible legal outcome for your case.

Call the Office of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Property Crimes

Property crimes often times involve theft, burglary, arson, shoplifting, vandalism and more. However, it doesn’t include robbery because robbery is classified as a violent crime. If you are faced with a property crime charge, you must be aware of your rights and have a lawyer that will protect your rights. Property crimes in Kansas and Missouri can be serious offenses and should not be taken lightly.

Property Crimes in Kansas

If the value of the property is less than $1000, Kansas law considers the offense a misdemeanor. However, any item involved in the property crime that is over $1000, Kansas law considers it a felony, which can lead to a harsher penalty.

Get a lawyer on your side that is familiar with Kansas and Missouri property crime laws. You need an experienced criminal defense lawyer that will protect your rights and future.

Call the office of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Juvenile Defense

Protect the rights of your child and his/her future by seeking a lawyer that is concerned about the rights of our children. The U.S. juvenile justice system is failing our children by continuously trying them as adult offenders. Many of our youth are receiving harsher punishments for simple offenses. Our justice system is suppose to rehabilitate and seek the best interest for the child, instead they are trying them as adults and setting them up to re-enter the prison system once they reach adulthood.

Our goal is to keep your child out of the system for life by offering a strong guided hand to protect, encourage, and motivate. You need strong representation when your child is faced with a harsh or minor criminal charge. Don’t leave your child’s fate to the courts to handle, get an experience juvenile defense lawyer that will fight for the rights of your child.

Call the office of Gamble Law, LLC to schedule a consultation at 913-432-0660.

State Drug Crimes

Drug crimes, no matter how minor, can affect your life significantly. Other than potential jail time, you can be experience limited employment and housing opportunities. You need a drug crime defense lawyer with the experience and strong representation to protect your rights. Although in some cases taking a plea agreement can be a satisfying solution, but your criminal record stays with you. This is why it is best to fight the charges to seek a lesser charge. Such occasions such as illegal searches and seizures and suppressions of evidence can work in your favor.

You and your rights should be protected and you need a lawyer that is willing to work to ensure you are protected. Seek out a lawyer that is familiar with Kansas and Missouri laws regarding drug crimes.

Call the Office of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Expungements (Kansas)

If you have been convicted of a crime in the state of Kansas, you may be eligible for an expungement of your record. You must meet certain requirements in order to be eligible for an expungement in Kansas.
If you have questions whether or not you are eligible to expunge your Kansas criminal record, call the law office of Eric Gamble of Gamble Law, LLC to schedule a consultation. 913-432-0660.

Criminal Child Neglect & Abuse

The abuse or neglect of a child is a very serious case and are very serious charges. These charges can result in harsh penalties that will affect your freedom and any future career aspirations in teaching or child care. Most of these cases involved the Child Protective Services (CPS). If the parents are involved in the case, CPS can remove the child from the alleged negligent parent’s home.

Child abuse or neglect cases are not always the most thorough cases and can often have many discrepancies. This is why it is important to seek strong legal representation to protect you from the penalties involved in child abuse and neglect cases.

Call the Office of Gamble Law to schedule a consultation at 913-432-0660.

Probation Violation

Violating the terms of your probation can and will send you back to jail. The best thing to do is to not violate the terms of your probation, but if you find yourself in violation of your probation it is important to seek legal representation with experience in Kansas and Missouri probate violations.

If you are arrested or receive notification to appear in court to revoke your probation, get a lawyer immediately to accompany you to your hearing. You need to be able to make a good impression and keep a clean slate in order to be given a second chance. Your lawyer can give you good advice to help you get that second chance before your hearing.

If facing probation violation, call the office of Gamble Law, LLC to schedule a consultation at 913-432-0660.