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Frequently asked questions regarding criminal defense
Charged with a crime? You do have rights.
- The right to remain silent
- The right to talk to an attorney
- The right to an aggressive defense
- The right to trial by jury
- The right to have witnesses in your defense
- The right to confront any witnesses against you
- The right to hear and challenge the case against you
- The right to appeal
At the Law Office of Jerry Wallentine, I protect your rights in Kansas and Missouri courts. E-mail me now or call (913) 901-7017.
FAQ regarding Criminal Defense
Experienced Lawyer Defending Your Rights in Kansas and Missouri
Criminal Defense Attorney in Johnson County and the Kansas City Area.
What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, you are held for a first appearance that usually occurs within 24 hours of the arrest. This is held before a judge who formally tells the defendant the offense with which he or she is being charged and fixes bail conditions. If the defendant is denied bail or cannot post bail, he or she may be incarcerated pending appearance in court. If bail is posted, he or she will remain free pending subsequent court appearances.
Is domestic violence a crime punishable under criminal law?
Domestic violence is a crime subject to criminal punishment and subject to restraint upon personal conduct. It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, then reconcile with the abuser and seek to have the charges dropped, only to have the entire process repeated. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being filed by the victim.
Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer will apply handcuffs to a defendant to prevent injury or escape.
Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken.
What is the role of the judge in a criminal trial?
The judge in a criminal trial controls all legal proceedings in the courtroom. The judge determines whether certain evidence is admissible or not, and rules on preliminary matters and discovery issues that the defense and prosecution may have. And before the jury decides a case, the judge instructs the jury as to how they must be lawfully guided through the decision process.
What is the role of the jury in a criminal trial?
The jury in a criminal trial considers all aspects of the case for as long as is needed in order to come to a unanimous decision. Once a verdict is reached, it is presented to the defendant in court. A jury may find a person guilty of all, some or none of the crimes charged in a criminal trial. In some cases, depending on the evidence presented and the nature of the instructions given by the Court to the jury, a jury can convict a defendant of a lesser crime than initially charged. If the jury presents a not guilty verdict, the proceedings are over and the jury verdict may not be overturned. If the verdict is guilty, however, the defense may proceed with an appeal.
What is bail?
Bail is money or other property that is deposited with the court in order to ensure that the person accused returns to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.
Why is it important to have a lawyer if I want to negotiate a plea in my case instead of going to trial?
Plea negotiation can be very tricky, and a defendant may end up plea bargaining him or herself to a harsher punishment than what he or she actually deserves. This is why it is very important to have a criminal law lawyer representing you if you plan to negotiate a plea. A criminal attorney considers many factors in deciding whether to recommend a plea bargain for a client and what strategies to engage if a plea bargain is the best choice for the client's situation. Factors a criminal attorney considers include:
- The strength of the evidence the prosecutor may present at trial; and
- The potential penalties that the defendant could be subjected to if the case was lost at trial.
Don't take a chance on bargaining away your rights when you have been charged with a crime.
What is the "discovery phase" in a criminal case?
In the discovery process (sometimes known as the discovery phase), the prosecutor is required to reveal a wide array of information to the defendant's lawyer prior to trial. The information that must be revealed. Information that tends to show that the defendant isn't guilty of the crime charged which must always be revealed is called "exculpatory information."
When are the police required to "read me my rights?"
In television and movies, we are all used to seeing the police "read a suspect their rights" as soon as they are arrested. This list of rights is known as a defendant's "Miranda rights," which are as follows:
- You have the Constitutional right to remain silent;
- Anything you say can be held against you in the court of law;
- You have the right to legal counsel and that if you cannot afford a lawyer one will be appointed for you; and
- If you choose, you may have a lawyer present during interrogation.
The police are required to tell a suspect this list of rights when they plan to conduct a custodial interrogation. A custodial interrogation means that:
- The suspect is in police custody - he or she has been arrested and is not allowed to leave and go home, and
- The police or other law enforcement personnel are interrogating the suspect - they are asking him or her questions.
Even if you are not in circumstances that require police to "read you your rights," you still have your rights and you can still exercise your rights. When you are arrested, or even if police simply suspect you of a crime, it is important to exercise your "right to remain silent" and call an attorney.
Why hire a criminal defense lawyer?
Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a qualified criminal defense lawyer. Unlike civil court cases, where money or property may be at stake, a person suspected of committing a criminal act is in jeopardy of losing their fundamental freedom. Act quickly to protect your rights by contacting an experienced criminal defense attorney. An experienced criminal defense lawyer can identify important pretrial issues and bring appropriate motions which might significantly improve a defendant's case.
Unlike civil law, which involves private law suits between two or more private entities, criminal law involves defendants who are being prosecuted by the state or federal government. Crimes are generally classified as:
- Misdemeanors - less serious offenses that are punishable up to one year in jail, by a fine, or both, and include petty theft cases, simple assault, or possession of a small amount of marijuana; or
- Felonies - more serious offenses that warrant lengthy imprisonment, such as rape, assault with a deadly weapon, or homicide/murder.
Another important distinction between civil law and criminal law is the standard of proof that is required by the law. In order to prevail in a civil case, the plaintiff must demonstrate by slightly more than 50% that the defendant is responsible for the plaintiff's injuries. In criminal law, the prosecutor must prove beyond a reasonable doubt that the person charged with the crime actually committed the crime. This standard is much higher than the civil standard, and requires the skilled legal representation of a qualified criminal defense attorney to fight for a defendant's exoneration.
Whether your case is currently in a city court like Overland Park Municipal, or rather is in the Johnson County District Court, you need an experienced lawyer to represent you. I am a Kansas attorney who is dedicated to zealous representation.
My philosophy is to prepare every case as if it will go to jury trial-not rush to plea bargain. This thorough preparation puts me in a better position whether I advocate for you in negotiation or take your case before a jury. When you are looking for a zealous advocate in Missouri or Kansas criminal court, contact my Johnson County law office now for help. Please call an experienced criminal defense lawyer at (913) 901-7017 to discuss your legal case. Call ANYTIME 24/7
I am a Kansas City criminal defense lawyer attorney who is dedicated to protecting your rights. I have helped hundreds of clients deal with serious felony and misdemeanor charges.
