HOW TO BEAT YOUR KANSAS CRIMINAL CASE WITHOUT AN ATTORNEY

The adage goes, "A fool has himself as a client." Self-representation is highly risky and discouraged but, here are some tips for beating your Kansas criminal case, if you so choose:

• Say nothing to no one about your case. That includes law enforcement, friends, potential witnesses, the Kansas prosecutor, etc.. That protects your privilege. If you don't have an attorney the district attorney will talk to you but, you shouldn't need to talk about your case details, or your defenses, because anything you say to them can be used against you later;
• Get your discovery. The evidence against you will be contained in the discovery. If the State does not give it to you automatically (which they should) then you must file a demand motion for it. Also, if you have good cause to believe that evidence is being withheld you must make a formal demand for that too. Depending on what county your case stems out of, you may have to make are a request for bodycam footage, videos, patrol footage, etc. directly to the law enforcement agency. Learn now the rules of discovery, it will serve you in later steps;
• Locate your own evidence and witnesses. If you have defenses or evidence that will disprove the case against you are responsible for securing it. You may need to file subpoenas (ex. for appearances of witnesses, business records, phone records, etc.) so the sooner you identify those the better; 
• Duty to confer. Self-represented people (pro se) have the same duties as attorneys. You must see if there things you can work out without the Court having to step in. That is not to say that you must find a resolve in your criminal case though. Rather, some things you don't have to bother the court with (ex. requests for continuance, scheduling times to view discovery, list of witnesses, etc.);
• File motions. This step is crucial. It is also where you are most likely to be met with aggressive objections and a response motion. It can make or break your case. Imagine if you successfully suppress some or all of the evidence against you, right!? That is one, of many ways, to reduce or eliminate the case against you. You are responsible for asserting your rights (through written motion) and making oral arguments in court. Many of your rights, if not timely sought, become unavailable to you in the future. (See this page's prior blog for some of the most common motions filed);
• Prepare for preliminary hearing. All felony cases have the right to this hearing. The question before the court becomes, "Was a crime committed? And was it likely committed by you?" This hearing is akin to a trial; however, it is presented to the judge and you will not testify. However, you will be given the opportunity to cross-examine the State's witnesses in the case. If you are successful in the phase, some or all of your case can be dismissed. If not, the matter will be set for trial;
• Prepare for trial. If you lost the preliminary hearing you will be arraigned and the case will be set for trial. Kansas criminal courts typically do this on the same day. You will be given pre-trial and trial dates, along with a schedule of events (i.e. when all jury instructions are due, when all final motions must be filed, etc.). Make yourself familiar with the rules of procedure and discovery, testimony and examination of witnesses, construction of jury instructions, opening and closing arguments, selecting a jury, use of exhibits and/or demonstratives, etc.. Prepare for any objections that you need to make (through review of case history and Kansas rules) and how to respond to those the State makes. These can happen before, during or after trial;
• Pre-trial conference. This is your last chance to resolve many of your concerns surrounding the impending trial and what the jury will hear. The prosecutor almost always is giving notices and make demands during this hearing. This is also where you will be addressing the submitted jury instructions. If you didn't submit those, or raise objects, the State's will likely be adopted;
• Prepare to testify. If you are planning on testifying in your case it is complicated to conduct a direct examination of yourself. Also, if you are on the stand you are subject to cross-examination by the State and will have to simultaneously make objections, if necessary. Preparing during the above step will be helpful in this part. You can also exercise your right to remain silent; and
• Prepare for sentencing. If you got this far, and lost some or all of your case, you will be scheduled for sentencing. Felony cases will have a pre-sentence investigations (PSI) completed. You have the right to raise objections to the findings of the PSI report (usually the criminal history calculations) before sentencing. This is also where you can make requests for downward departure from the sentencing guidelines. The Kansas prosecutor may ask for upward departure, and you should be prepared to argue against that. Be certain to have a statement to give to the court and to argue alternatives to incarceration (ex. rehab). Also be aware the victim in the case may give, or write, a Victim Impact Statement.

Remember: The State's attorney has likely handled hundreds of Kansas criminal cases. They are not required to, and won't, help you maneuver the processes. The judge can't and won't either. 

While it is not impossible, it is ill-advised to represent yourself in criminal cases. Especially if you are facing jail time, felonies or sex crimes.  If you try to beat your case alone and it starts to go wrong (and you will know it) you can all Attorney T. Morton at (913)602-7288 and hire her to step in. Consultations are free and payment plans are available.