Kansas Criminal Defense Attorneys

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If you are facing criminal investigation or criminal charges, you need a criminal defense attorney you can trust to protect your rights throughout the proceeding. Each day, Joseph, Hollander & Craft’s top-rated criminal defense lawyers provide experienced counsel, mounting the most effective defense for their clients. Our Kansas criminal defense lawyers ensure your rights are protected at every stage of your case.

Kansas Criminal Defense Lawyer Near Me

To make it convenient for clients to reach us, we have four locations throughout Kansas and a fifth location just past the state line. Call us anytime to schedule a consultation at our offices in Wichita, Topeka, Lawrence, Overland Park, or Kansas City.

Types of Cases a Kansas Criminal Defense Attorney Handles

Our Kansas criminal defense attorneys have decades of experience representing clients in criminal courtrooms and have defended practically every charge imaginable, including:

• Drug crimes
• DUI (including boating DUI and driving under the influence of drugs)
• Sex crimes (including child pornography)
• Property crimes (including burglary and theft)
• Violent crimes (including domestic violence defense)
• Juvenile crimes
• Municipal offenses
• State crimes
• Federal crimes (including white-collar crimes—like fraud, embezzlement, money laundering, and tax evasion—as well as drug crimes, gun crimes, and more)

We also handle:

• Pre-charge representation (before being charged, before being arrested, or before law enforcement has begun its investigation)
• Government investigations
• Criminal appeals
• Expungements
• Civil asset forfeiture/seizure

How Our Kansas Criminal Defense Attorneys Can Help You

When you find yourself the subject of a criminal proceeding, you need a compassionate yet zealous team of experienced attorneys to represent you.

Our attorneys will offer a straightforward assessment of your case–including advising you regarding the likelihood of success at trial. If trial is the right choice for you, our team of successful litigators is fully equipped to make your case in the courtroom.

We are also skilled negotiators. In some cases, a plea agreement will offer the optimal resolution. When that is the case, then we will negotiate the best terms possible for you.

If your case proceeds to sentencing, our attorneys collect evidence, obtain evaluations, and provide compelling arguments that allow the court to fully appreciate you as the human being behind the charge. These actions can mean the difference between prison and probation.

How Many Criminal Cases Go to Trial?

Very few criminal cases actually go to trial. If you want to make your case to a jury, you need a skilled trial attorney with ample experience in Kansas courtrooms. Our attorneys are prepared to marshal their decades of experience to defend you to the end. By thoroughly collecting evidence and developing a comprehensive legal strategy, we will mount a compelling defense on your behalf.

What Is a Plea Bargain?

If there is a strong case against you, it may be in your best interest to accept a plea bargain. In cases where there is strong evidence of a crime, the prosecutor may offer a plea agreement to eliminate the time, effort, and costs associated with a trial. A plea bargain may make it possible for you to achieve a lesser sentence. An experienced criminal defense attorney can advise you when a plea deal is in your best interests and when not to accept a plea deal that does not benefit you.

Will I Go to Jail on My First Court Date?

When you are first charged with a crime, you will appear for a bail/bond hearing to determine whether you will be required stay in jail before a trial of your case or whether and on what conditions you will be permitted to remain in the community before trial. The judge will consider the seriousness of your charges, your criminal record, whether you present a risk of not appearing in court, and the amount you may be able to pay for bail.

Individuals charged with low-level offenses in state and municipal courts may be released on their own recognizance (called an “OR bond”), which requires signing a written agreement to appear in court but no bail payment. Bail amounts will be set for more serious offenses and tend to increase with the severity of the charges.

In federal court, financial conditions of release are rare; instead, federal defendants who are released pending trial are required to comply with conditions of pre-trial supervision by a U.S. Probation Officer. However, several federal charges carry a presumption that no condition of release will ensure the defendant’s appearance for trial or ensure the safety of the community. Individuals charged with these offenses are more likely to be jailed while they await trial.

Questions to Ask a Kansas Criminal Defense Lawyer

When meeting with a criminal defense lawyer in Kansas, you should feel comfortable and protected. During your initial consultation, you can ask your potential lawyer some of the following questions to determine whether the attorney is a good fit for your case:

• How long have you been practicing criminal law? Experience matters in criminal defense. Ask how long the lawyer has been representing criminal defense clients, and how many cases they have tried.
• Do you regularly try criminal cases? Just because an attorney works in criminal defense does not necessarily mean the lawyer is an effective trial attorney. If you are interested in taking your case to trial, make sure you hire someone capable of going the distance.
• Do you have a specific area of focus within criminal law? Some attorneys concentrate their practice on certain cases, like DUIs or white-collar crimes. It can benefit you if your lawyer has experience in your particular type of case.

If your attorney cannot answer these questions to your satisfaction, then they may not be a good fit. This is no time to settle for inexperienced or budget-rate representation. You need the knowledge and skill of a seasoned criminal defense attorney who is familiar with Kansas law and criminal proceedings, especially those specific to your case.

Do I Need a Criminal Defense Lawyer?

If you have been accused of a crime, you should retain a criminal defense lawyer as soon as possible to determine if there may be a way to avoid criminal charges, get your case dismissed, reduce the severity of your charges, defend the case at trial or limit your sentence.

A good way to find a reliable, reputable attorney is to look at the Google Reviews for the law firm, as well as the client testimonials on the attorney’s website. It can cost time and money to switch to a different lawyer while your case is ongoing. In addition, mistakes made by an attorney who isn’t a good fit for your case may not be fixable in the middle of a case. For these reasons, it is important to take care from the very beginning of who you select to represent you in your criminal defense matter.

Kansas Car Stop Lawyer

Kansas Highway Patrol and local law enforcement agencies closely monitor traffic along I-70 and I-35 in Kansas for drug trafficking and transportation of drug proceeds. It is common for rental cars and cars with out-of-state license plates to be stopped and subjected to searches in an effort to find drugs and cash.

A police officer’s missteps in the execution of the stop or search may be in violation of your constitutional rights. If so, evidence gained as a result can be excluded from a trial of your case. Our Kansas drug crime lawyers have had success suppressing evidence obtained unlawfully. Contact us to learn how we can help you defend charges for drug possession or unlawful possession of drug proceeds.

Kansas Criminal Defense Attorneys FAQ

Can You Make My Charges Go Away?

An attorney can advocate for dismissal if the evidence is insufficient provide probable cause that you committed the crime or if there is a legal issue that prevents the charges from holding up. If your constitutional rights have been violated during the collection of evidence for your prosecution, that evidence may be excluded from trial. That can result in the prosecution dismissing the charges if it cannot prove its case without the excluded evidence.

This is why hiring a highly skilled criminal defense team is so important. A good criminal defense attorney can put holes in the prosecution’s case, which may result in the prosecution dropping the charges or the judge dismissing them. Joseph, Hollander, & Craft’s criminal defense attorneys carefully review your case to determine if there is a possibility your case could be dismissed and will fight for dismissal whenever possible.

How Long Do You Go to Jail for Drug Possession in Kansas?

The punishment for drug possession in Kansas will vary based on: (1) the quantity of drugs possessed; (2) the type of drugs possessed; (3) and the criminal history of the person in possession of the drugs.

Kansas laws divide drug possession crimes into two categories: simple possession of a user quantity of drugs (K.S.A. 21-5706 Unlawful possession of controlled substances) and possession with intent to distribute (K.S.A. 21-5705 Unlawful cultivation or distribution of controlled substances). While many simple possession offenses are misdemeanors, most distribution offenses are felonies.

Methamphetamine possession is punished more severely than marijuana possession. Possession of up to 3.5 grams of methamphetamine is a level 4 drug felony. By contrast, one may possess 7 times as much marijuana and remain at the level 4 drug felony level.

All Kansas drug felonies level 4 and higher carry presumptive imprisonment sentences, with the length of presumed term of imprisonment ranging from 14 months to 51 months depending on criminal history. However, probation may be imposed with an effective approach at sentencing.

Possession of large enough quantities of drugs to be charged at the federal level may result in a very lengthy sentence. An individual charged under 21 U.S.C. 841(a) with reference to 21 U.S.A. 841(b)(1)(A) faces a minimum sentence of 10 years’ imprisonment.

How Much Does a Kansas Criminal Defense Lawyer Cost?

The amount you’ll pay for a Kansas criminal defense lawyer varies based on the facts of your case, the nature of your charges, the experience and skill-level of the attorney you hire, how the prosecution approaches your case, and how you choose to defend it.

It will be more expensive to hire an attorney for a complex case involving intricate facts and several charges than it will be to hire an attorney for a case charging a single crime with an uncomplicated factual background. Misdemeanor charges generally take less time and effort to resolve compared to felony charges, so it is common for lawyers to charge less for misdemeanor cases than they charge for felony cases.

New attorneys with less experience may charge low rates, but a more experienced defense attorney may be better equipped to quickly resolve your case or to resolve it on more favorable terms–making a higher rate less expensive and more valuable in the end.

Finally, overall cost will depend on how your case progresses. Motion work requires time and fees, but it can result in the dismissal of charges. Likewise, it will likely be more expensive to take a case to trial than it will be negotiate a plea and focus on sentencing mitigation.

The criminal defense attorneys at Joseph, Hollander, & Craft can provide an estimate of what to expect during a consultation by phone or in person at any of our Kansas locations.

How Long Will My Case Take?

Every case is different, and the length of cases varies due to the type of case and the amount of cases the court is currently handling. However, if you choose to plead guilty or no contest to some or all of your criminal charges or if you are approved for a diversion program, your case will conclude much sooner than it would if it went to trial.

Misdemeanors cases may resolve in less than 6 months–sometimes substantially less. Felony cases can also be resolved in a matter of months. While you can enter a plea and be sentenced on the same day in a criminal case, a plea and sentencing hearing are held separately in a felony case. For that reason, final termination of felony cases generally takes longer.

How Does Probation Work?

Probation is an alternative to jail or prison during which a person is subject to special conditions and, often, supervision by a Court Services or Probation Officer. During probation, you may have to:

• Avoid certain people (like co-defendants or felons) and places (like bars or liquor stores).
• Abstain from drugs and/or alcohol.
• Attend drug and/or alcohol recovery classes.
• Submit to unscheduled drug and alcohol screenings.
• Submit to warrantless searches by probation officers.
• Check in often with your probation officer.
• Obtain approval before traveling out of state.
• Perform community service.
• Maintain employment or continue education.
• Wear a location-tracking device.

Probation is typically a more favorable outcome for criminal sentencing. However, it is important to note that violating probation carries risks that could change whether or not you go to prison and/or receive harsher terms of your sentence.