Kansas Criminal Defense Attorney
The Kansas state criminal law process can seem confusing and frightening. But every criminal case has a defined sequence of events, each with a specific purpose. The Kerns Law Offices can take specific actions at each step of the process to protect your rights and build your defense.
Call (785) 371-4159 as soon as possible for a free consultation.
Time is critical. The sooner we begin working for you, the better your chances of a successful outcome.
The general sequence of events in the criminal law process is as follows:
Law enforcement investigation - an investigation takes place before an arrest is made. This could involve an officer speaking only to one person or could involve multiple witnesses being interviewed and evidence gathered by officers over time.
Criminal arrest — you may know that a criminal arrest is coming or you may not. In either situation, it is important to obtain the representation of an experienced defense lawyer as soon as possible. Do not speak to the police or detective without your lawyer present.
Release on bail — whenever possible, the Kerns Law Office tries to get our clients released on bail after the criminal arrest. If you need one, we can refer you to a reputable bail bondsman.
Defense counsel's investigation — the Kerns Law Office will begin its investigation by interviewing witnesses then obtaining the police report and other documents. If it would be useful in the defense effort, we can hire a private investigator who can collect evidence in support of your case or that can disprove elements of the prosecution's case.
Prosecutor's charging decision — following a criminal arrest by the police, the prosecutor must analyze the evidence, decide whether to prosecute and if so, on which specific charges. This period can last a few days, weeks, or months. During this time, it may be possible to convince the prosecutor not to file charges or to file a lesser charge. The Kerns Law Office has had much success in these types of actions.
First appearance - this is the first court appearance that is required after a charge has been filed against the accused. At this hearing, we can seek to reduce the amount of bail.
Arraignment — this is the formal entry of the charge against the defendant. This happens at the first appearance with misdemeanors or after the preliminary hearing with felonies.
Trial setting or preliminary hearing - depending on the level of offense, a hearing will be held to determine if probable cause exists. Otherwise, status hearings are set to determine if the case is to be set for pre-trial motions such as motions to dismiss or suppress, plea, or trial.
Status conference — the judge meets with the prosecutor and defense attorney. The judge will seek to learn if there are any special problems that will affect the handling of the case. If there has been a negotiated plea in a misdemeanor case, the judge will want to understand some specifics. If there is to be a trial, the trial date is set.
Trial — the Kerns Law Office will work to build a strong and persuasive case for the client. We will seek to undermine the state's evidence and present facts in your favor. Our goal will be to obtain a dismissal of the charge or victory at trial.
Contact Criminal Defense Attorney John W. Kerns
For a free initial consultation with the Kerns Law Office, call (785) 371-4159 or send us an e-mail.
