When people are arrested for the first time or otherwise lack experience with the criminal justice system, there is a natural tendency to want to cooperate in the hope that your candor and helpfulness will merit approval from police so that you can obtain your release.  This same urge to make the case go away rather than escalate the encounter can lead one to delay requesting a Kansas criminal defense attorney because a suspect is afraid that it will be perceived as being confrontational or an indication of consciousness of guilt.  The reality is that the earlier that refusing to answer questions until you have a criminal defense lawyer present will result in a much better chance you will go home quickly and avoid a criminal conviction.

When a Sedgewick County criminal defense attorney is retained early in the investigation process, the scope of the investigation can frequently be limited or influenced.  Kansas criminal defense attorney Bill Cummings may object to an area of inquiry or specific questions during interrogations or otherwise prevent the Constitutional rights of his clients from being violated by objecting to police taking a blood sample without sufficient legal basis.  We may even challenge the legality of a search warrant or seek exclusion of evidence after a search has been conducted in violation of the Fourth Amendment protection against unreasonable search and seizures.  There are many ways that a suspect may compromise his or her rights inadvertently without legal representation, such as consenting to a search, agreeing to provide DNA samples or making incriminating statements.  Mr. Cummings diligently defends the rights of his clients so that his clients do not assist the prosecution and law enforcement in building their case against the accused.

In addition to influencing the direction of an investigation, an experienced criminal defense attorney in Kansas also may affect the prosecutor’s charging decisions.  Prosecutors often overcharge a case to put pressure on a defendant to plead the case out quickly and avoid exposure to a long prison term.  A knowledgeable criminal defense lawyer will expose weaknesses in the prosecutor’s case during this investigatory phase and expose improper police conduct that may justify exclusion of critical evidence.  In some cases, the prosecutor may be persuaded not to file formal charges and to offer diversion or probation.  If this result is unrealistic even with early pre-charge intervention, the evidence discovered and arguments provided by a Kansas criminal defense law firm may still result in less serious charges or fewer charges being filed by the prosecutor.

While many assume that cooperation, candor and honesty is the best way to stay out of trouble, this natural instinct is simply not the best approach when you are faced with the ominous power of the state or federal government.  The most effective way to protect your freedom and future is to assert those rights guaranteed to you by the U.S. Constitution and other federal and Kansas laws.  One of the most powerful of these rights is the right to have legal counsel present during any questioning by law enforcement so suspects are well advised to take advantage of this right as soon as they are under a cloud of suspicion.

If you have been arrested for a crime in Kansas or you are merely under investigation, experienced Sedgwick County criminal defense attorney Bill Cummings provides diligent defense to protect his clients from the harsh penalties of a misdemeanor or felony conviction.  We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can help.