OVERLAND PARK, kansas CRIMINAL ARREST
Should a Kansas officer determine that there is probable cause, he/she may immediately detain you - an "investigation detainment". This often occurs when the officer witnesses the crime or arrives shortly thereafter. The officer then has 48 hours to either release you from custody, file formal charges or a judge must decide if you must remain in custody. Because this 48 hour rule does include weekends and holidays, you may be released pending further investigation. That does not mean that the charges have been dropped.
In most instances, the results of an officer's criminal investigation is forwarded to the DA, who requests a warrant for your arrest, days, weeks or months after the alleged crime. Therefore, you could be arrested again (if you were detained immediately) or for the first time, depending on what is necessary to give the State probable cause. The Kansas District Attorney has sole discretion in determining if you are charged, what you are charged with and/or what punishment(s) they seek.
Once an arrest warrant is signed by a judge, the police will execute the warrant. Meaning, they may arrest you anywhere (ex. work, home, school) and at any time. In fact, they may force their way into anywhere they believe you are, if they simply "knock-and-announce". Furthermore, should they locate you, they can and will perform a "search incident to arrest". This search can include your person, anything within your reach, your belongings and the general area you were found in. Yes, that can include opening closed spaces, another's car, entering into other parts of your home and/or any other immediate area. Should they find evidence of other crimes/criminal activity, you can be charged with new (unrelated to you arrest warrant) charges. They are also permitted to collect evidence associated with the arrest warrant during this time.
Sometimes a warrant has been issued for your arrest and you don't even know it. The police can use their discretion about searching for you and, if they are unable to immediately locate you the warrant is still enforceable. That is because an arrest warrant is active indefinitely and kept in an electronic database. You may then find out weeks, months or years later that you have a warrant for your arrest, when you come in contact with law enforcement for an unrelated reason.
Following your arrest you will be interrogated. This is when law enforcement will attempt to get you to admit to and/or give incriminating evidence/statements surrounding the charges against you. While they may suggest that your statements will amount to your freedom or favorable resolve of your case, nothing could be further from the truth. Once you reach this stage it is unlikely that the case will just go away. At this point, it will end in one of four ways - by the state, by the court, plea agreement or trial. Quick resolve, in your favor, is unlikely; especially without an attorney.
While they may have a great deal of power and discretion, you have certain rights too. In order to protect your rights and/or know if your rights have been violated you must know what they are. Some of our rights include:
Remember: You must affirmatively say "I want my lawyer" and never waiver from that demand. The best thing you can do is remain silent.
If you have been arrested or you know you have an active arrest warrant, you need an attorney right away! We can help you. Call now 913.602.7288 .
For more answers to frequently asked questions see "Your Criminal Case - What to Expect" below.
In most instances, the results of an officer's criminal investigation is forwarded to the DA, who requests a warrant for your arrest, days, weeks or months after the alleged crime. Therefore, you could be arrested again (if you were detained immediately) or for the first time, depending on what is necessary to give the State probable cause. The Kansas District Attorney has sole discretion in determining if you are charged, what you are charged with and/or what punishment(s) they seek.
Once an arrest warrant is signed by a judge, the police will execute the warrant. Meaning, they may arrest you anywhere (ex. work, home, school) and at any time. In fact, they may force their way into anywhere they believe you are, if they simply "knock-and-announce". Furthermore, should they locate you, they can and will perform a "search incident to arrest". This search can include your person, anything within your reach, your belongings and the general area you were found in. Yes, that can include opening closed spaces, another's car, entering into other parts of your home and/or any other immediate area. Should they find evidence of other crimes/criminal activity, you can be charged with new (unrelated to you arrest warrant) charges. They are also permitted to collect evidence associated with the arrest warrant during this time.
Sometimes a warrant has been issued for your arrest and you don't even know it. The police can use their discretion about searching for you and, if they are unable to immediately locate you the warrant is still enforceable. That is because an arrest warrant is active indefinitely and kept in an electronic database. You may then find out weeks, months or years later that you have a warrant for your arrest, when you come in contact with law enforcement for an unrelated reason.
Following your arrest you will be interrogated. This is when law enforcement will attempt to get you to admit to and/or give incriminating evidence/statements surrounding the charges against you. While they may suggest that your statements will amount to your freedom or favorable resolve of your case, nothing could be further from the truth. Once you reach this stage it is unlikely that the case will just go away. At this point, it will end in one of four ways - by the state, by the court, plea agreement or trial. Quick resolve, in your favor, is unlikely; especially without an attorney.
While they may have a great deal of power and discretion, you have certain rights too. In order to protect your rights and/or know if your rights have been violated you must know what they are. Some of our rights include:
- The right to remain silent
- The right to an attorney
- The right to have an attorney provided, if you cannot afford one
- The right to refuse to continue talking, if you already have started
Remember: You must affirmatively say "I want my lawyer" and never waiver from that demand. The best thing you can do is remain silent.
If you have been arrested or you know you have an active arrest warrant, you need an attorney right away! We can help you. Call now 913.602.7288 .
For more answers to frequently asked questions see "Your Criminal Case - What to Expect" below.
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your criminal case - what to expect
GET THE HELP YOU NEEDWithout the help of Kansas City, Kansas attorney, it is likely that your case will not go in your favor. Attorney T. Morton has the experience necessary to determine if you are being treated fairly and all know all of your options. Call now 913.602.7288
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We are a Kansas City, Kansas law office and you are number one. You are experiencing a difficult time. You need answers to your questions. We will work tirelessly to help you. Attorney T. Morton, and her team, will handle your case with care and attention. Take action and call now for your consultation 913.602.7288.
We are serving Overland Park, Kansas City, Johnson County, Douglas County, Wyandotte County and all of Kansas.
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Before you decide to accept any offers call us for a consultation. Attorney T. Morton, and team, can help guide you. Call us today @ 913.602.7288.
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We do charge a small consultation fee. Thereafter, depending on the nature of your crimes, a retainer fee will be due. The amount varies by case but can be determined quickly. |
WILL I GO TO TRIAL? It is possible but not likely. Most cases are resolved without a trial. We prepare for trial nonetheless. You will be part of all conversations surrounding potential dismissal, deferment, trail prep, etc.
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Contact Us7500 College Blvd., Suite 500
Overland Park, KS 66210 Phone: 913.602.7288 Fax: 913.624.3311 Google Map Link |
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