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Roger, Attorney
Category: Legal
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am to appear in court for 3 accounts of a Class A Misdemeanor

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I am to appear in court for 3 accounts of a Class A Misdemeanor in Kansas for contacting my ex wife who has a restraining order. I was ordered to pay my ex wife $4,000 for miss mortgage payments in our divorce and not have any contact with her except mail a check each month, however on 3 occasions I asked nicely for a receipt and now face the above. I have no prior criminal pass history of any kind and although I will plea not guilty and find an attorney what do you reckon are my chances of just a fine as I have a business to run and for simply asking her for a receipt for my payments each month - hard paper payment and balance trail instead of JUST a check receipt which i hate.

Thank you

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : If this was non-violent contact asking for a receipt related to money you were ordered to pay her, this doesn't sound like a very serious situation in terms of the penalty you should be looking at.
Roger : Here's the statute:

so should i get an attorney and fight this


or plea guilty as charge and hope they just fine me

Roger : As you likely know, each charge carries a max of 1 year in jail and up to a $2500 fine (
Roger : SO, the exposure is serious, but because the actions themselves aren't threatening or violent, it would be unusual for a judge to throw the book at you over asking for a receipt.
Roger : You definitely should consider hiring an attorney to try and cut a deal with the prosecutor and have an agreement together before you go to court.

So I should just plead not guilty and get a lawyer to assist at the actual trial.

Roger : IT's likely that an attorney could get you a deal for probation and a fine.
Roger : That's likely the best course.

Ok so I will find a lawyer.

Roger : If you can reach a deal before the trial, you can announce that to the judge for approval and avoid a trial.

Should I get a family law or criminal attorney

Roger : You should consult a local criminal law attorney.
Roger : You can search for one by location and area of practice here:
Roger : When you go to the site, click on I Want to Find a Lawyer or Law Firm and then enter your relevant information.

Thank you. I will use that site.

Roger : No problem. Please let me know if you need anything further.
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Customer: replied 3 years ago.

Not sure if there is an extra charge for this but just realize that the letter to appear in court was sent to my old address so technically i was not served and my recourse is how could I be served a warrant if i don't show up if the letter wasn't served at my new address or given to me.

You just need to discuss this issue with your attorney.


It's risky business to fail to show up. It may be that your attorney could file a motion to dismiss based on improper service of process or no service of process, but that would be a better route than not showing at all.


The last thing you want is for the court to issue a warrant for you. Even if you can beat it, you'll still have to go through the hassle.

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