Blog
Understanding the Federal Safety Valve: A Way Around Mandatory Minimums
In federal court, mandatory minimum sentences can feel like a trap. Many drug offenses carry minimum terms of five or ten years, no matter what the individual circumstances are. The good news is that Congress created something called the safety valve, which allows certain defendants to be sentenced below the mandatory minimum.
Why the Sentencing Guidelines Are Not the End of the Story in Federal Court
If you are facing sentencing in federal court, you may feel like the U.S. Sentencing Guidelines decide everything. The Guidelines are important, but they do not tell the whole story. Judges are required to consider them, but they also have the power to go above or below the range when justice calls for it.
The Role of the Presentence Investigation Report (PSR) in Federal Court and Why You Need a Lawyer Who Understands It
When you face federal sentencing, one document can shape your entire future: the Presentence Investigation Report, or PSR. Judges use it as a roadmap, and the Bureau of Prisons relies on it long after sentencing. If the PSR is wrong, the consequences can last for years.
Can a Felony Be Expunged in Kansas? What You Need to Know
Can a felony be expunged in Kansas? Learn who qualifies, how the process works, and why an experienced Overland Park criminal lawyer can help you clear your record.
What to Do If Your Child Is Accused of a Crime in Kansas
Has your child been accused of a crime in Kansas? Learn how the juvenile system works, what parents should do, and why an experienced Overland Park criminal lawyer can protect your child’s future.
How Social Media Posts Can Sink Your Defense
Charged with a crime in Kansas? Learn how your social media posts can be used against you and why you need an experienced Overland Park criminal lawyer to protect your defense.
Why Hiring an Experienced Federal Lawyer Matters in Sentencing
Facing charges in federal court is very different from state court. The rules are stricter, the prosecutors have more resources, and the penalties are often harsher. That’s why you need an experienced attorney like the Law Office of James L. Spies.
How to Handle a Criminal Investigation Before You’re Charged
Being investigated for a crime is one of the most stressful situations a person can face. You need the Law Office of James L. Spies on your side should you find yourself in this situation.
Offender Registration in Kansas: What You Need to Know
In Kansas, registration is not limited to sex crimes. People convicted of certain violent felonies and even some drug distribution offenses can also be required to register.
I Was a Prosecutor. Here’s What That Means for My Clients.
Most clients are surprised to learn I spent years trying cases for the State. They assume defense attorneys and prosecutors are wired completely differently. In some ways, that is true. But in my case, the transition was deliberate and powerful.
How I Got a Not Guilty Verdict Without Putting on a Case
In criminal trials, the defense doesn’t have to prove anything. The burden is entirely on the prosecution. That is not just a legal principle. It is a strategy. In one of my recent trials, I stood up after the prosecution rested and said five words: The defense rests, Your Honor.
Self-Defense Immunity in Kansas: Ending a Case Before It Goes to Trial
Most people think self-defense is something you argue to a jury. But in Kansas, there is a powerful legal tool that can end a case long before trial: a motion for immunity from prosecution under K.S.A. 21-5231.
Why You Should Never Talk to Police Without a Lawyer, Even If You’re Innocent
“But I didn’t do anything wrong.” I hear this all the time. And I believe you. But that doesn’t change my advice: Do not talk to the police without a lawyer. Not if you're innocent. Not if you just want to help. Not ever.
Facing Criminal Charges?
Imagine my surprise when I came across this post on social media from Shawnee County District Attorney Michael Kagay. The post is a “definition” of hearsay – that is NOT an accurate statement of the law!
