Wallace Law, LLC

Experience With Serious Kansas Felonies

Not every criminal defense attorney has substantial experience handling the most serious felony cases. Wallace Law brings experience defending clients facing the highest levels of felony charges in Kansas, where the potential consequences can include lengthy terms of imprisonment and lifelong consequences.

Serious felony representation requires more than simply knowing the elements of an offense. These cases can involve extensive discovery, forensic evidence, digital evidence, expert witnesses, complicated constitutional issues, significant sentencing exposure, and aggressive prosecution. A strong defense requires careful investigation of the State's evidence, identification of weaknesses in the prosecution's case, and a strategy tailored to the individual facts and circumstances of the case.

Wallace Law represents clients accused of serious offenses including:

• Murder and homicide offenses

• Aggravated battery and other serious violent offenses

• Aggravated assault

• Kidnapping and aggravated kidnapping

• Criminal threat and aggravated criminal threat

• Sexual offenses and serious sex crimes

• Crimes involving children

• Serious drug offenses

• Drug distribution and possession with intent to distribute

• Weapons offenses

• Robbery and aggravated robbery

• Burglary and aggravated burglary

• High-value theft and property crimes

• Identity theft and fraud-related offenses

• Criminal damage to property

• Attempt, conspiracy, and other inchoate offenses

• Offenses involving allegations of aiding or participating with another person

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Kansas law contains separate statutory provisions addressing many of these offenses, including murder, manslaughter, kidnapping, assault, battery, domestic battery, criminal threats, and related crimes against persons.

Wallace Law also represents individuals facing DUI and other driving-related criminal charges.

A DUI case can involve much more than the allegation that someone was driving while impaired. These cases may involve traffic stops, field sobriety testing, breath or blood testing, implied-consent issues, search-and-seizure questions, officer observations, video evidence, and challenges to the reliability or admissibility of evidence.

Defense representation may include:

• DUI
• Driving while suspended or revoked
• Habitual traffic offenses
• Reckless driving
• Leaving the scene of an accident
• Hit-and-run allegations
• Vehicular crimes
• Traffic-related offenses that carry criminal consequences

Kansas drug prosecutions can range from misdemeanor possession allegations to serious felony charges involving distribution, manufacturing, or possession with intent to distribute.

Wallace Law defends clients accused of offenses involving controlled substances, including:

• Possession of controlled substances
• Possession of marijuana
• Possession of drug paraphernalia
• Distribution of controlled substances
• Possession with intent to distribute
• Manufacturing controlled substances
• Cultivation-related offenses
• Drug offenses involving multiple substances
• Drug offenses involving firearms or other aggravating circumstances

Drug cases frequently require careful examination of how law enforcement obtained the evidence. Issues involving traffic stops, searches, search warrants, consent, probable cause, informants, confidential sources, controlled buys, surveillance, and statements to law enforcement can all become important components of a defense.

Allegations involving violence can expose a defendant to significant criminal penalties and can permanently affect relationships, employment, professional opportunities, and reputation.

Wallace Law represents individuals accused of:

• Assault
• Aggravated assault
• Battery
• Aggravated battery
• Domestic battery
• Aggravated domestic battery
• Robbery
• Aggravated robbery
• Criminal threat
• Aggravated criminal threat
• Kidnapping
• Criminal restraint
• Crimes involving weapons
• Crimes against law enforcement officers

Kansas law specifically distinguishes among numerous forms of assault and battery, including aggravated offenses and offenses involving law enforcement officers.

Few criminal allegations carry the potential for consequences as severe and long-lasting as a sex-crime accusation.

Wallace Law provides defense representation in cases involving allegations such as:

• Sexual battery
• Rape
• Aggravated sexual battery
• Criminal sexual conduct
• Indecent liberties
• Internet-related sex offenses
• Offenses involving minors
• Possession or distribution of illegal sexual material
• Other offenses carrying potential sex-offender registration consequences

These cases require careful attention to the evidence, the applicable statutory requirements, witness credibility, digital evidence, forensic evidence, law-enforcement procedures, and the potential long-term consequences of a conviction.

Wallace Law also represents clients accused of property and financial crimes, including:

• Theft
• Aggravated theft
• Burglary
• Aggravated burglary
• Criminal damage to property
• Criminal deprivation of property
• Identity theft
• Fraud
• Forgery
• Deceptive practices
• Organized retail crime
• Other property-related felonies and misdemeanors

Kansas law includes specific provisions governing property offenses, and the classification of an offense can depend upon factors such as the nature and value of the property involved.

Criminal defense does not necessarily end when a person enters a plea or is convicted.

Wallace Law also represents individuals dealing with issues arising after conviction, including:

• Probation violations
• Motions to revoke probation
• Probation modification
• Sentencing issues
• Jail and prison-related consequences
• Post-sentencing motions
• Appeals and other post-conviction matters

A probation violation can place a person's existing sentence and freedom at risk. These proceedings deserve the same level of preparation and advocacy as the underlying criminal case.

Effective criminal defense is not simply about determining whether an allegation occurred. It is also about determining whether the government obtained its evidence lawfully and whether the State can actually prove every required element of the charged offense.

Kansas law recognizes culpable mental states—including intentionally, knowingly, and recklessly—and the required mental state can be a critical issue in determining whether the State has established a criminal offense.

Depending upon the circumstances, a defense may involve issues concerning:

• Unlawful searches and seizures
• Search warrants
• Traffic stops
• Probable cause
• Reasonable suspicion
• Miranda rights
• Custodial interrogation
• Statements to law enforcement
• Identification procedures
• Witness credibility
• Preservation and disclosure of evidence
• Chain of custody
• Digital and forensic evidence
• Constitutional challenges
• Sufficiency of the evidence
• The State's failure to establish an essential element of the offense

Divorce is often one of the most consequential legal proceedings a person will ever experience.

Kansas divorce proceedings can involve far more than simply obtaining a decree ending a marriage. Depending upon the circumstances, a divorce may require the court to address division of marital property and debt, maintenance, child support, legal custody, residency, parenting time, and other financial and family issues. Kansas law provides specific procedures governing dissolution of marriage and the orders a court may enter during and at the conclusion of a divorce proceeding.

Wallace Law represents clients in divorce matters involving:

• Contested and uncontested divorce

• Division of marital assets and debts

• Real estate and the marital home

• Retirement accounts and pensions

• Vehicles and personal property

• Business interests

• Bank accounts and investments

• Separate versus marital property

• Spousal maintenance

• Child support

• Legal custody

• Residential placement

• Parenting time

• Parenting plans

• Enforcement and modification of existing orders

• Post-divorce disputes

Every divorce is different. Some couples are able to resolve their differences cooperatively. Others require substantial litigation because the parties cannot agree about property, finances, children, or other issues.

The attorney's role is not to create unnecessary conflict. It is to protect the client's interests while working toward the most favorable and practical resolution available under the circumstances.

Few family-law issues are more important—or more emotionally difficult—than determining how parents will raise their children after separation.

Wallace Law represents parents in disputes involving:

• Legal custody

• Residential custody

• Parenting time

• Visitation

• Parenting plans

• Modification of existing custody orders

• Enforcement of parenting-time orders

• Relocation disputes

• Disputes involving school and educational decisions

• Medical and healthcare decisions

• Transportation and exchanges

• Communication between parents

• Grandparent and other nonparent visitation issues

Kansas law addresses legal custody, residency, and parenting plans as distinct components of a child's post-separation arrangements. In contested matters, the court considers the child's best interests when making these determinations.

A custody dispute should not be approached as simply a battle between two parents.

The focus must remain on the child's best interests while protecting the rights and responsibilities of each parent.

Wallace Law works to develop practical parenting arrangements that account for the realities of the family's circumstances—including work schedules, school schedules, geographic distance, transportation, extracurricular activities, communication, and the individual needs of the children.

Child support is one of the most common and frequently misunderstood areas of family law.

Kansas child-support determinations are governed by statutory requirements and Kansas Child Support Guidelines. The amount of support can depend upon factors including the parties' incomes, parenting arrangements, health insurance, childcare expenses, and other circumstances recognized under Kansas law. Kansas law requires courts to follow the applicable child-support guidelines when determining support.

Wallace Law assists clients with:

• Establishment of child support

• Modification of child support

• Enforcement of child-support orders

• Disputes concerning income

• Self-employment and business income

• Parenting-time changes affecting support

• Childcare expenses

• Health insurance and medical support

• Arrearages

• Support-related contempt proceedings

• Interstate child-support matters

Child support can also become complicated when one parent moves to another state, works across state lines, has variable income, owns a business, or has multiple support obligations.

The goal is to ensure that the support calculation is based upon accurate information and that the resulting order complies with Kansas law.

Establishing legal parentage can be one of the most important steps a parent can take.

Paternity proceedings can affect much more than a name on a birth certificate. Legal parentage can have consequences involving custody, parenting time, child support, inheritance, medical information, and other parental rights and responsibilities.

Kansas law establishes circumstances in which a man may be presumed to be the father of a child, including certain marital circumstances, acknowledgments of paternity, genetic testing, and existing support obligations. Kansas law also provides procedures for establishing and challenging parentage.

Wallace Law represents clients in matters involving:

• Establishment of paternity

• Challenges to paternity

• Genetic testing

• Voluntary acknowledgments of paternity

• Custody and parenting-time issues following establishment of paternity

• Child-support issues arising from parentage

• Parentage disputes involving multiple states

• Related custody and support proceedings

Paternity cases can be particularly sensitive because the legal issues often involve deeply personal questions about a child's relationship with both parents.

We approach these matters with the understanding that establishing legal parentage can be the beginning of a long-term parental relationship—not merely the conclusion of a lawsuit.

Protection-from-abuse proceedings can move quickly and can have immediate and significant consequences.

A protection order may affect where a person can live, whom they can contact, where they can go, and their ability to see or communicate with children. At the same time, a person seeking protection may be dealing with circumstances involving genuine fear, instability, or threats to their safety.

Wallace Law represents clients in proceedings under the Kansas Protection From Abuse Act, including both individuals seeking protection and individuals defending against allegations.

Representation may involve:

• Protection-from-abuse petitions

• Emergency or temporary protection orders

• Contested protection-order hearings

• Allegations of domestic violence

• Allegations involving threats or harassment

• Child-related provisions in protection orders

• Restrictions on contact

• Firearm-related consequences

• Modification or dismissal of protection orders

• Enforcement and alleged violations of protection orders

These proceedings require careful attention to both the immediate circumstances and the potential long-term consequences.

A protection-order proceeding can also overlap with divorce, custody, criminal, and child-welfare proceedings. An allegation made in one proceeding can potentially affect another.

That is why it is important to look at the entire legal picture rather than treating each proceeding as an isolated event.

Child in Need of Care proceedings are among the most serious matters handled in Kansas family and juvenile courts.

These cases can involve allegations that a child has been abused, neglected, abandoned, or otherwise requires intervention by the State. A CINC case can place parental rights, family relationships, and a child's living arrangements under significant scrutiny.

Wallace Law represents parents and other parties involved in CINC proceedings and understands that these cases require careful attention to the facts, the evidence, the family's circumstances, and the State's obligations.

Representation can involve:

• CINC petitions

• Temporary custody hearings

• Adjudication proceedings

• Dispositional hearings

• Case-plan issues

• Reunification efforts

• Placement disputes

• Parenting time during CINC proceedings

• Allegations of abuse or neglect

• Permanency proceedings

• Termination-of-parental-rights proceedings

• Appeals and other post-hearing matters

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CINC litigation can be overwhelming for parents. The government may become involved in decisions concerning where their children live and when they are permitted to see them.

These cases deserve a defense that is serious, prepared, and focused on both the legal rights of the parent and the best interests of the child.

Modern families frequently cross state lines.

Parents may live in different states. A family may move after a divorce. A child may have lived in multiple jurisdictions. One parent may file a custody case in Kansas while the other parent believes another state has jurisdiction.

These cases can become extraordinarily complicated.

Kansas has adopted the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), which establishes rules governing jurisdiction over child-custody proceedings and recognition and enforcement of custody determinations across state lines. Kansas law generally looks to concepts such as the child's "home state," while providing specific rules for situations involving emergency jurisdiction, significant connections, and continuing jurisdiction.

The UCCJEA can apply in proceedings involving:

• Divorce

• Paternity

• Custody

• Parenting time

• Child neglect or abuse

• Guardianship

• Protection from domestic violence

• Relocation

• Interstate custody disputes

• Enforcement of another state's custody order

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Kansas law also provides for recognition and enforcement of qualifying custody determinations from other jurisdictions.

Wallace Law represents parents dealing with interstate custody disputes involving Kansas and other states.

These cases require more than simply determining what arrangement might be best for a child. Before a court can decide custody, it may first have to determine whether it has the legal authority to make that decision.

Child-support cases can become even more complicated when parents live in different states.

Kansas has adopted the Uniform Interstate Family Support Act (UIFSA), which establishes procedures concerning the establishment, enforcement, and modification of family-support orders involving multiple jurisdictions.

Interstate support cases can involve:

• A parent living in Kansas and a parent living in another state

• Enforcement of an out-of-state child-support order

• Registration of another state's support order

• Modification of support

• Establishment of support when the parties live in different states

• Interstate paternity proceedings

• Multiple support orders

• Enforcement of arrearages

• Cooperation between courts and agencies in different states

Kansas law provides procedures designed to allow support proceedings to move forward even when one party lives outside Kansas. For example, Kansas law provides that a nonresident individual's physical presence is not necessarily required for establishment, enforcement, or modification of a support order or for certain parentage determinations.

Wallace Law assists clients navigating the intersection of Kansas family law and interstate support obligations.

As a member of the military, Mr. Wallace understands this approach to representing family-law clients. Whether it is a service member, or someone dealing with an opposing service member.

Military families can face unique challenges involving deployments, relocations, changing duty stations, unpredictable schedules, and parents who may live far apart because of military service.

Those circumstances can complicate custody arrangements, parenting time, child support, and communication between parents.

Military service also reinforces qualities that are particularly valuable in family-law litigation: discipline, preparation, accountability, attention to detail, and the ability to remain focused when circumstances become difficult.

For military families, those practical realities matter.

A parenting plan that looks reasonable on paper may not work for a parent whose assignment, deployment, or duty schedule changes. Family-law representation should take the realities of military service into account when developing practical solutions for children and parents.