Legal Question in Criminal Law in Kansas

My sister is being charged for felony theft (Code 21.3701) in Kansas. She works for a home health agency, and she is being accused of stealing jewelrey valued between $1500-5000. I am trying to do what I can to help her get a good attorney. Unfortunately, she has court scheduled in 2 days, and I do not have enough time to retain one. I cannot get a free consultation in time for court, because I can't get an appointment soon enough. She was assigned a court-appointed attorney, but I'm afraid that he will not be effective. I talked to him on the phone briefly, and he was very rude, and didn't seem to want to answer any of the questions I had (he said he was too busy). Could my sister ask the judge for a "continuance" in court, to allow for me to have time to hire an attorney? Also, my sister does have some mental health issues. She has also struggled with health problems for many years as well, and she is heavily medicated, ie. Hydrocodone. She has become addicted to her medication, and has made some mistakes, I believe, as result. I don't think that she belongs in jail, but, perhaps she would benefit from a drug rehabilitation program. I was wondering if it would be better to plea "No Contest," or "Guilty, but mentally ill"? How serious is the charge that she is facing? What kind of jail time could she get? I have many questions, and I understand that this is a complex case, but I would appreciate any answers I can get. Thanks.


Asked on 8/20/11, 7:36 pm

1 Answer from Attorneys
Anthony Smith LawSmith

If it is her first appearance, it is likely that the judg ewill alow her one continuance to hire counsle. (If she hires counsel, she may no longer be eligible for appointed counsel in this case in the future) If you go to court with her and tell the judge you want to hire and pay for an attorney your self, the judg emay be more likely to give her the time.

Her present assignd attorney cannot discuss her case with you until she tells them they can. Although you are a caring and concerned brother, the attorney cannot divulge confidences without the permission of the client.

If this is not her first appearnce, and it probably isn't if she already has assinged counbsle,. it may be less likely that the judge will give a continuance on her own request. If you go to court and tell the assigned attorney that you are going to pay for private counsle, the assigned attorney may make the request for a continuance for her.

Good luck

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Answered on 8/21/11, 7:56 pm


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