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 CRIMINAL COURT MOTIONS

Picture
TYPES OF CRIMES & DEFENSES
An information is filed after you are charged formally. This document typically contains all charges used to file the intial charges against you. Prior to trial both the defense and your attorney will resolve a number of legal issues through motions, such as:
Motion To Suppress
A motion to suppress seeks to prevent illegally obtained evidence for being used at trial. The focus of these motions is on evidence that was obtained in violation of the defendant’s Constitutional rights. Common examples include illegal searches, improper arrests, and coerced confessions. When the actions of the police are improper, the state is not permitted to reap the rewards of illegal behavior by using the evidence found. But the suppression can go a step further. Not only is evidence that was directly found from illegal conduct suppressed, but generally so is evidence that is found based upon actions growing out of the illegally obtained evidence. There are exceptions to when evidence should be suppressed, but this rule of outgrowth holds true for a good portion of illegally obtained evidence.

If you succeed in having the evidence suppressed, the results can be devastating for the state’s case. A key piece of evidence may be lost, resulting in the case simply falling apart. Thus, experienced counsel can use even a pending motion to suppress to maneuver into a favorable plea agreement. In the event that your motion fails, the effect is not positive, but nearly as dramatic. Simply because a piece of evidence was legally obtained does not mean it will be allowed to be presented at trial. For that, the evidence must fully comply with the rules of evidence.

Motion In Limine
A motion in limine works similar to a motion to suppress, but the basis is quite different. Rather than arguing the evidence was illegally obtained, motions in limine argue that the rules of evidence do not permit the evidence to be used a trial. The rules of evidence prevent certain evidence from being presented for a wide variety of reasons. These commonly include evidence that is aimed at leading the jury to decide a case based on passion rather than facts or evidence that is simply too unreliable to be considered. Judges tend to deal with motions in limine a bit differently than suppression motions, not making a decision until the evidence is actually presented at trial. The benefit of filing these motions is placing the law before the judge early on, rather than having to make a complex legal argument on-the-fly during trial. These motions can be used to cut the other way as well, presenting the judge with law that supports the use of a particular piece of evidence—especially when the evidence seems to be barred by the rules of evidence.

Motion To Dismiss

A motion to dismiss argues that something is so defective with the allegations or case that the court has the power to just dismiss the matter without a trial. A motion to dismiss focuses on defects with the process of pursuing the claim in court, rather than the facts of the case. For example, the court may lack jurisdiction over the matter if the alleged crime took place entirely in another state and there was no direct effect on Kansas. The motion may also argue that the accusations, even when taken as true, do not constitute a crime under Kansas law. In State v. Tendon, the charges of arson were dismissed because it was undisputed that the defendant had been asked to burn the property at issue by the owner. Because under Kansas law, arson must be the burning of one’s own property or the property of another without consent, the allegations in the charge could not be arson.

Motion To Modify Bond

One ancillary motion that your attorney may need to make is a modification of bond. As a prosecution progresses, the court will become more familiar with a case and the likely strength of the evidence. Additionally, once you have retained counsel, most of the worries regarding flight will be reduced. This means the factors used in setting bond at the very beginning of incarceration have substantially changed. Your attorney can motion the court to reduce the bond amount or remove certain conditions on the bond to address these changes. The district attorney is allowed to argue against such changes and can also motion the court for increased bond or reincarnation of a bonded defendant. However, when you are not yet sentenced, the court should recognize a presumption towards bond in a fair and reasonable amount.

This may be when you are presented with a plea bargain. While you may feel mounting pressure, after hearing the evidence against you to take a plea, you should seek legal advice before deciding. 
You should know that not all evidence used at this stage may be used against you at trial. That is because you have rights surrounding the collection of it, such as:
  • Unlawful or warrantless search/seizures
  • Evidence was discovered during/after an unlawful arrest
  • Failure to be Mirandized, and more

​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 do not need to make plead guilty or not guilty during this phase and, you will have up until before a jury gives their verdict to accept a plea. 

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