kansas city, kansas PRELIMINARY EXAMINATION
In Kansas, the criminal court will hold a preliminary examination hearing; typically only where felony charges are pending. During this hearing the judge makes sure that there is probable cause to move forward in the prosecution of your the case against you. This hearing must happen within two weeks of your first appearance. It is possible for you agree to having the two week deadline extended but, if you do not agree, it is unlikely that the DA will be allowed additional time.
The DA must only show that: a) the crime was committed, and b) you committed it, at this time. Many, if not most, cases are permitted to move forward at this phase. To do so, much like a trial, the District Attorney may present witnesses and evidence. Your attorney can cross-examine this witnesses and point out flaws in the evidence to be used against you. However, unlike a trial: no jury will be present, the rules of evidence are somewhat relaxed, and the DA need only show probable cause not prove their case beyond a reasonable doubt. Further, where there is conflicting information, the judge may move the case forward and allow a jury to decide.
In this phase, your attorney may motion to suppress evidence but, that may only be helpful once your case goes to trial.
It is also possible that if the evidence against you does not provide probable cause for the crime you have been charged with but, does satisfy a lesser included charge, the new lesser charge may proceed. However, if charged with a felony and, the lesser charges is not a felony, the entire charge must be dismissed.
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:
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 .
For more answers to frequently asked questions see "Your Criminal Case - What to Expect" below.
The DA must only show that: a) the crime was committed, and b) you committed it, at this time. Many, if not most, cases are permitted to move forward at this phase. To do so, much like a trial, the District Attorney may present witnesses and evidence. Your attorney can cross-examine this witnesses and point out flaws in the evidence to be used against you. However, unlike a trial: no jury will be present, the rules of evidence are somewhat relaxed, and the DA need only show probable cause not prove their case beyond a reasonable doubt. Further, where there is conflicting information, the judge may move the case forward and allow a jury to decide.
In this phase, your attorney may motion to suppress evidence but, that may only be helpful once your case goes to trial.
It is also possible that if the evidence against you does not provide probable cause for the crime you have been charged with but, does satisfy a lesser included charge, the new lesser charge may proceed. However, if charged with a felony and, the lesser charges is not a felony, the entire charge must be dismissed.
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
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 .
For more answers to frequently asked questions see "Your Criminal Case - What to Expect" below.
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 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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HOW MUCH DO YOU CHARGE?
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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WHEN SHOULD I 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.
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Overland Park, KS 66210 Phone: 913.602.7288 Fax: 913.624.3311 Google Map Link |
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