Kate Zigtema wins in City Court - eventually.

On Monday, December 8, 2008, Maughan & Maughan LC Lawyer, Kate Zigtema obtained a not guilty verdict in Wichita Municipal Court - eventually. Our client was accused of domestic battery however, the City had some difficulty proving their case after Ms Zigtema convinced the Court that the statements made by the defendant regarding the case were obtained by law enforcement in violation of the 5th Amendment to the U.S Constitution. Faced with a lack of evidence of the relationship between the accused and the complaining witness, and therefore being unable to prove a crucial element of the crime of domestic battery, the city prosecutor moved to amend the charges to simple battery, a crime which does not require a familial or intimate relationship between the parties. This amendment of the charge was sought after the prosecutor had rested their case but before a verdict had been rendered. K.S.A. 22-3201 (e) States in pertinent part that: “ The court may permit a complaint to be amended at any time before verdict or finding if no additional or different crime is charged and if substantial rights of the defendant are not prejudiced.” The problem here is that the amendment from domestic battery to simple battery charges a different crime from that which was originally charged. The crimes of Domestic Battery and Simple Battery have different elements which need to be proven by the prosecution. Changing the charges after the defendant has already sought to defend against the accusation that he committed a different crime is unfair, violates the double jeopardy clause of the U.S Constitution and runs contrary to the rule laid forth in k.S.A. 22-3201.

Having won a battle over whether our client's statements were obtained in violation of his "Miranda" rights and lost a battle that she should have won over whether the city could amend the charges to conform with the evidence, Kate Zigtema, an associate attorney with Maughan and Maughan LC was ultimately successful when the Court found our client to be not guilty.

Congratulations Kate.