Being arrested or accused of committing a criminal offense is extremely stressful, regardless of the particular offense with which you are charged. You have important rights at every stage of the process, but asserting those rights can be difficult without legal experience. Addair Law has fought for defendants throughout Riley, Clay, Geary, Saline, Shawnee, and Wabaunsee counties since 2005. Furthermore, we have extensive experience with the unique dynamics involved with criminal trials involving military personnel, whether that be through Fort Riley or elsewhere.
Moreover, our criminal defense lawyers are knowledgeable in the unique issues that arise when military personnel are charged with criminal cases. They can assist active duty servicemembers with charges both in State Court as well as those within the military justice system (UCMJ).
Call the criminal defense lawyers in our Manhattan office today at (785) 645-2732 or contact us online.We can meet either in person or virtually.
Whether you are looking for counsel for your initial trial or to appeala previous result, we can help in cases like these:
Kansas State laws establish three classes of misdemeanor offenses punishable by fines, jail time, and, occasionally, other penalties, such as probation or mandatory community service.
Class C misdemeanor convictions can lead to a one-month jail sentence and a $500 fine. Class B misdemeanor convictions could be punished by six months in jail and $1,000 in fines Class A misdemeanors are punishable by a maximum of a year in jail and up to a $2,500 fine
Kansas uses a sentencing grid for felony offenses that differentiates between “person” and “nonperson” felonies, first-time felony offenses, and multiple offenses on a defendant’s prior record. There are ten severity levels for felony offenses, with Level I (1) being the lowest, and Level X (10) being the highest.
Felonies of lower severity levels may be punishable by presumptive probation rather than prison sentences, but felonies of Severity Level VI (6) and above generally lead to prison sentences of at least 17 months in length and up to a maximum of 653 months (over 54 years) if the defendant has three or more prior felonies.
Statutes of Limitations for Criminal Charges
Broadly speaking, most criminal offenses in Kansas are subject to a five-year statute of limitations. This means that prosecutors have only five years from the date on which someone allegedly committed an offense to start prosecuting them for it.
However, the law does establish unique statutory deadlines for specific felony offenses. Under this section of state law, sexually violent crimes have a statutory deadline of either ten years after the offense or after the alleged victim’s 18th birthday, depending on whether the alleged victim was a minor at the time of the alleged offense. In Kansas, there is no statutory deadline for allegations of murder though manslaughter and vehicular homicide are still subject to the standard five-year deadline.
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The prosecution will follow a procedure that will look something like this:
Investigation
The investigation phase involves law enforcement gathering evidence to determine if a crime occurred and who may be responsible. This may include interviewing witnesses, collecting forensic evidence, conducting surveillance, and obtaining warrants. Its significance lies in forming the foundation of the case, as evidence collected here often dictates the strength of the prosecution. It is important to understand that if you are being suspected of a crime, you are NOT required to talk to law enforcement during the investigation process. If you learn that you are under investigation for a crime, this is a good time to start researching the right attorney for you.
Charging
Once law enforcement has completed their investigation, prosecutors formally accuse an individual of a crime, by filing a criminal complaint or indictment. This is the charging phase of the case. A charging document (complaint) outlines the specific charges the defendant will face and must be supported by probable cause. It’s a critical stage because it officially initiates the legal proceedings and frames the direction of the case. Once you are served with a charging document, it is crucial for you to meet with an attorney to help you understand the implications of the charges.
Initial Hearing
During the initial hearing or arraignment, the defendant is informed of the charges against them and their rights. At this hearing, a person accused of a crime will enter a plea—typically guilty, not guilty, or no contest. Bail conditions may also be set at this time to determine whether the defendant will be released pending trial.
Discovery
The discovery phase allows both the defense and prosecution to exchange evidence, including police reports, witness statements, and expert findings. This transparency is meant to allow both sides to prepare for trial and reduce surprises in court. It is significant because it often influences pre-trial decisions, including plea deals or case strategy.
Plea Bargaining
Plea bargaining involves negotiations between the defense and prosecution to reach an agreement before trial. This process may result in a reduced charge or lighter sentence in exchange for a guilty or no-contest plea. With our extensive experience in the criminal justice system, we can advise our clients whether a proposed deal is in their best interest.
Preliminary Hearing
The preliminary hearing determines whether sufficient evidence exists to move forward to trial. At this hearing, the prosecution presents evidence, and the defense can challenge its adequacy. It’s a key step in screening cases to be sure only viable charges proceed and is our first opportunity to formally contest the evidence against you.
Motions Before Trial
Pre-trial motions allow both sides to request specific rulings from the judge, such as suppressing evidence, dismissing charges, or compelling discovery. These motions address legal issues that could significantly impact the trial. Their outcome is crucial as they often shape the trial's scope and focus or may even resolve the case entirely.
Trial
The trial is where the prosecution and defense present their arguments, evidence, and witnesses before a judge or jury. The prosecution must prove the defendant's guilt beyond a reasonable doubt. Our job during this phase is to challenge the evidence in your case and ensure that your constitutionally protected rights are being honored.
Motions After Trial
After a trial, either side may file post-trial motions, such as a motion for a new trial or to set aside the verdict. These motions can address issues like errors during the trial or newly discovered evidence that could change the outcome. This step provides an additional layer of review before sentencing or appeals.
Sentencing
Sentencing occurs after a conviction, where the judge imposes penalties such as fines, probation, or imprisonment based on the offense and applicable laws. The judge considers factors like the crime’s severity, the defendant’s criminal history, and any mitigating circumstances.
Appeal
An appeal allows the defendant to challenge their conviction or sentence, arguing errors in legal procedure or interpretation. The appellate court reviews the case to determine if the trial court rulings were fair and correct. It’s important to note that the appellate court can only review whether or not the law was properly followed—it is not authorized to revisit matters of subjective judgment.
Legal Guidance You Can Trust
Addair Law might be a law firm with diverse practice areas, but the criminal defense lawyers in our Manhattan office work exclusively in that area of law. You can be confident that you’re getting an attorney who is laser-focused on defense strategies, tactics, and who is familiar with the finer points of law that often make a big difference in these cases.
Call (785) 645-2732 today. We work with both English and Spanish-speaking clients.
