KANSAS ATTORNEY CALL 913.602.7288
  • HOME
  • ABOUT
  • PRACTICE AREAS
    • CRIMINAL DEFENSE
    • SEX CRIMES
    • PERSONAL INJURY
    • WORKERS' COMPENSATION
    • ADDITIONAL PRACTICE AREAS
  • SCHOLARSHIP
  • BLOG
  • CONTACT US
  • SEX CRIMES
  • HOME
  • ABOUT
  • PRACTICE AREAS
    • CRIMINAL DEFENSE
    • SEX CRIMES
    • PERSONAL INJURY
    • WORKERS' COMPENSATION
    • ADDITIONAL PRACTICE AREAS
  • SCHOLARSHIP
  • BLOG
  • CONTACT US
  • SEX CRIMES

hire a lawyer who will fight for you
call now 913.602.7288

OVERLAND PARK, kansas DEFENDANT DISCOVERY

Picture
TYPES OF CRIMES & DEFENSES

Discovery is where you will find out, and share, any items that may be used at your trial and/or sentencing. While both sides may be required to provide information to one another, there are separate requirements. The State generally must share all evidence with you (Brady v. Maryland, this includes exculpatory evidence that suggests someone other than the defendant committed the crime.) On the other hand, you can protect much of what you discover, under you right not to self-incriminate (5th and 14th Amendments). 

Depositions
A deposition is testimony given under oath. The process is very similar to testifying at trial, with lawyers asking questions of the witness and a stenographer taking down everything that is said, word-for-word. Under Section 22-3211, witnesses may be deposed with the court’s permission. You (and your counsel) are entitled to be present at every deposition. All witnesses will be sworn in and then the requesting party will begin questioning them. The opposing attorney will be allowed to object to questions that are improper for various reason. Once the requesting party is finished, the other attorney will have an opportunity to question the witness. Depositions can range in time from only a few hours to several days. A witness that is deposed will generally also be required to testify at trial. However, if the witness flees the state, dies, or become incapacitated, the deposition testimony may be used at trial. Therefore, it is very important that depositions are handled with great care, just as trial testimony must be.
A common type of witness that may be deposed is an expert witness. Experts can be used to testify to a virtually unlimited variety of topics that require some type of specialized knowledge. These may be a coroner testifying as the cause of an individual’s death or a lab technician testifying about testing a blood sample’s alcohol content. Because of the highly specialized knowledge these expert possess, it is important for an attorney to have an opportunity to test the theories and science behind an expert’s opinion. The information gathered in these depositions can even be used to prevent an expert from testifying at trial if his theories or methods are too unreliable. The use of depositions in Kansas is quite rare and judges limit their use in only extreme cases.

Disclosure Of Witnesses
Another common discovery practice is the required disclosure of all witnesses. The court will generally set a date by which all witnesses must be disclose to the other side. This includes witnesses the defense wishes to call. If a witness is not discussed by the deadline, the court will likely not allow that witness to testify at trial. The goal of these disclosures and the remedy for failing to disclose is based on avoiding surprise. Unlike most courtroom dramas on television, surprise key witnesses are extremely discouraged at trial. In fact, without an extremely compelling reason for not disclosing a witness, that court would not allow the witness to testify at all. Instead, the goal is full and fair disclosure of what each side knows (subject, of course, to the accused right against self-incrimination). This allows each side to make thoughtful decisions as to plea bargaining and trial strategy.
​
Limits Of The Fifth Amendment
You cannot be forced to testify against yourself. However, one threshold question is whether the requested information is considered “testimony” under the Fifth Amendment. For example, you can be forced to submit to a DNA test or fingerprinting at the request of the state. In California v. Gilbert, the United States Supreme Court determined that the state could request and require a defendant to submit a handwriting sample without violating the Fifth Amendment. This result seems a bit off, as the handwriting sample was used to compare to an incriminating handwritten note at trial to implement the defendant in a bank robbery. However, the court focused on the fact that it was a physical function, rather than testimony.
Once you reach this stage it is critical that an experienced attorney review the case against.  It won't 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. 

Remember: You have protections and rights during this stage but, if you don't exercise those you are damaging your case.

If you have pending charges you need an attorney right away! We can help you. Call now 913.602.7288 . 

                        EXPERIENCE MATTERS
You need an experienced Johnson County, Kansas attorney. We will tell you exactly what to do next to get the best possible outcome in your case. The quicker you get ahead of your case the better outcome you can expect. Call now for a free consultation 
913.602.7288. ​
              CLAIM YOUR FREE CONSULTATION
The earlier you call us and begin planning your case defenses, the more options you will have to protect yourself and your freedom. Sign up for your free consultation and see how we help protect you.
CLAIM YOUR FREE CONSULTATION

your criminal case - what to expect

  • Criminal Investigation
  • Charges Filed
  • Arrest
  • Bond/Bail
  • First Appearance
  • Discovery
  • Preliminary Examination
  • Motions

GET THE HELP YOU NEED

Without 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
  • Defendant Discovery
  • Pretrial conference 
  • Trial
  • Verdict
  • Sentencing Preparation
  • Level of Service - Risk Assessment
  • Sentencing ​
  • Frequently Asked Questions

YOU NEED AN ATTORNEY 

You need an attorney you trust to represent and advocate for you. Remember that no the other side aren't working for you, and aren't your friends. Hiring Attorney T. Morton  may be the most important decision you make. Call now 913.602.7288

WHY CLIENTS HIRE US

  • PRICE - Fair and reasonable. FEES & PAYMENT PLANS
  • QUALITY - We work tirelessly to deliver excellence in handling and resolving of your case, and communication.
  • DELIVERY - You deserve ongoing interaction and involvement in your case. We make sure to provide you with legal services you are satisfied with.
  • RELIABILITY - You will have a clear idea what to expect from us. We will earn your trust through accurate, clear, honest and caring handling of your case.
  • EFFICIENCY - The timely resolution of your case is important to you and to us.  
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.

Picture
We are serving Overland Park, Kansas City, Johnson County, Douglas County, Wyandotte County and all of Kansas. 

FREQUENTLY ASKED QUESTIONS

HOW MUCH DO WE CHARGE? ​Consultations are free. Thereafter, depending on the nature of your crime(s): Criminal misdemeanor typically start at $2,500 and felony typically start at $3,500. We do accept payment plans and major credit/debit cards. FEES & PAYMENT PLANS
​​​​​WILL YOU GO TO JAIL OR TRIAL? It is possible but not likely. Most cases are resolved without a trial, and sometimes can be resolved without jail time. We prepare for trial nonetheless. You will be part of all conversations surrounding potential dismissal, deferment, trail prep, etc.
CAN YOU MEET US OUTSIDE OF OUR OFFICE? Absolutely! If you cannot meet at our office, there are a number of alternatives that can work around your location, job, etc. CALL NOW 913.602.7288. 
WHEN SHOULD YOU GET AN ATTORNEY? Today! You are going into battle and you shouldn't do it alone or unarmed. There are critical deadlines, conversations, etc. that could make or break your case. ​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.

ATTORNEY T. MORTON - RATINGS, AWARDS & REVIEWS - CALL NOW 913.602.7288

Picture
Picture
Picture
Picture
Picture
Picture
Picture
"Tarishawn is an amazing Attorney. I Thank her so much for her help and for how well she explained everything. This attorney has excellent communication and responds immediately. Originally an anonymous company was going to leave me with nothing after being left stranded in states away from home. My accident turned my life upside down and was going to leave me careless. Tarishawn helper get me what I was rightfully owed! I can not say enough about how fast and professional this attorney is." - M.L. Client
"Quick response, and quality advice. She is very professional and knowledgeable!" - J.B. Client
"Thank you so much for helping me with my case and being a great attorney!" - G.S. 
"I really appreciate you for your expertise and your expeditious and effective legal claim settlement management."  V.S.- Injury Client

    GET ANSWERS NOW

    [object Object]
Take Action Today

Contact Us

​7500 College Blvd., Suite 500
Overland Park, KS 66210
Phone: 913.602.7288
Fax: 913.624.3311
​Google Map Link

​Practice Areas

Criminal Defense​​
PERSONAL INJURY
Work Comp.
ADDITIONAL AREAS

Associations

Picture
Picture
Picture
Picture

Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship. 
Proudly powered by Weebly