KANSAS CRIMINAL LAW CASE PATHWAY

Your Kansas criminal case is unique; therefore, the path it will take will be too. Below you will find a basic overview of how many criminal cases proceed:

• INVESTIGATION

To determine whether a crime was committed, who is guilty of the crime and/or what crime has occurred, law enforcement will perform an investigation. This can happen immediately, or in the case of federal cases be ongoing for years, after a crime. To compile necessary information they can do a number of things, such as witness interviews, forensic testing, blood withdrawal, etc...

Typically to search and seize there must be a search warrant, except where:
1. Your car, the officer only needs probable cause to search it;
2. You and the area immediately surrounding you;
3. If there is any evidence that could be destroyed or dissipated if not handled immediately; and
4. With your consent. 

• ARREST

You can be immediately arrested, taken into custody pending an investigation or arrested after a warrant for your arrest has been issued. You can be taken into custody anywhere - your job, at another court hearing, school, etc. 

• ARRAIGNMENT AND BOND

Once arrested you will be brought in front of a judge who will advise you of your charges. This is also when you will find out if/what your bond will be set at. Typically the bondsman will charge somewhere between 10 and 20 percent of the bond amount. You will also be advised of your next court date, at the arraignment. 

• DISCOVERY

Discovery is where the State and your attorney will gather information to support your guilt or innocence. This may include 911 recordings, photos, DNA, police reports, breath, blood, etc. When discovery is completed your attorney and the State's attorney will discuss your case. The DA is under obligation to share their discovery (to include evidence of your innocence) with your attorney. Your attorney does not have the exact same obligation. 

• PRELIMINARY HEARING:

In Kansas, if you are charged with a felony, you are entitled to a preliminary hearing.  At this hearing the State must show that they have sufficient evidence to show probable cause - that you are the person who committed the crime and a crime was committed. If they are successful your case will move on to the next phase. If not your case will end here. 

• MOTIONS

There are many motions that can be filed on your behalf or by the State. These include motions to compel, motions to suppress evidence, motions to dismiss, and more. This will give the judge an opportunity to make key decisions about your case, long before it reaches the trial phase. This component is crucial to your case's outcome. 
 

• PLEA BARGAINING

The State will likely offer you a reduced charge, fine, sentence recommendation, etc. in exchange for a guilty plea. This is in effort to quickly resolve your case. Your acceptance must be done freely, knowingly and voluntarily. The judge must then approve it and then will hand down your sentence. In Kansas, your plea bargain for DUI charges cannot be less than the mandatory minimum. 

• TRIAL

If you are accused of a crime, expect minor traffic violations, you are entitled to a jury trial.  During trial the State must prove, beyond a reasonable doubt, that you are guilt of a crime. There may be witnesses, evidence, expert testimony, cross-examinations, motions, and more. This process can take one day or several, depending on the severity of the charges and the amount of evidence. At the conclusion of the trial, a jury will be tasked with unanimously agreeing that you have been proven guilty. If they cannot agree they will be a "hung" jury and you can be retried. They also may decide that you are not guilty of a crime.

• SENTENCING

If found guilty, both sides will argue what your sentence should be. In Kansas, if charged with a felony, there are a number of additional steps that will occur before sentencing.  In most cases, the judge will consider the additional information and make a decision. You may be given a period of imprisonment, probation, rehab, fines, or a combination thereof. 

• APPEAL

When found guilty you may appeal. If the court finds a mistake was made your case may be overturned; otherwise, the outcome will stand. 

This is a basic summary of the typical path Kansas criminal cases take. While put in simple terms, the process is complex and serious. You should not face this alone. Call us today 913.602.7288.