Archive for December, 2014

Kansas DUI Defense Attorney Explains the Basics of DUI Defense

Tuesday, December 30th, 2014

Every DUI defendant has had the experience of getting their first DUI. Unfortunately, many people do not know much about DUI defense and what a DUI defense attorney does until they have already been charged with a DUI. If you drive, it is a good idea to familiarize yourself with the basics of DUI defense. Even better, write down the names and phone numbers of a few local DUI defense attorneys and keep them in your car, just in case.

Drivers often wonder whether they need an attorney for DUI charges, or if they can take care of the matter on their own. If you are facing DUI charges, it is essential that you get help from a defense attorney. Criminal charges like a DUI can have far-reaching effects on your day to day life, even if you are not convicted.

It is also important for you to understand what a defense attorney does for their clients. Your attorney can help you to understand the charges that have been brought against you. They can also explain the defenses that may be available to you. In criminal cases, there are discussions that your attorney can have with the prosecutor that could result in an offer of a plea bargain or some other alternative to a trial. Your attorney will help you to understand all of the options that are available to you so that you can decide which direction your case should go in.

You may wonder how important it is to select a defense attorney who specializes in handling the type of criminal matters that you have been charged with. While all criminal defense attorneys focus their efforts on obtaining the best possible results for their clients, they do not all have the same level of knowledge and experience with every type of criminal case. Most criminal defense lawyers specialize in one or more practice areas, and this narrow focus enables them to have a very good working knowledge of all applicable laws and of the defenses that may be available to defendants like you.

Knowing the difference between a public defender and private counsel is also important. A public defender is an attorney who works for the state, providing legal assistance to people who cannot afford private attorneys. Private Counsel is just that, an attorney that the defendant selects and pays for out of his or her own pocket. Both types of attorneys are highly skilled, capable individuals who work hard to advance the interests of their clients. Unfortunately, public defenders have less control over the size of their work load than private counsel do. Public defenders often have hundreds of clients, and because of that, they often have very little time and resources to work on each case. Unfortunately, the amount of time that an attorney spends working on a case does have an effect on how likely the defendant is to succeed, so private counsel is the best option for anyone who is charged with a DUI.

If you have been charged with driving under the influence of alcohol, it is important to choose an attorney who will work hard to help you obtain a successful outcome in your case. To learn more about how a knowledgeable and dedicated Kansas DUI defense attorney can help you, call (316) 264-1548.


Kansas Personal Injury Attorney Discusses Delivery Truck Accidents

Wednesday, December 10th, 2014

This is the busiest time of year for shipping companies like UPS and FedEx. Many people do as much of their holiday shopping online as they do in stores, and some people buy all of their gifts online. Additionally, people who are not able to visit all of their friends and family for the holidays ship packages of holiday cheer all over the world. Package delivery workers are hard at work day and night, and in all kinds of weather, doing their best to get all of those packages to their destinations in time for Christmas.

In addition to the increased numbers of package delivery trucks on the roads during the holiday season, there are also other factors like an increase in overall vehicle traffic and snow banks alongside the roads which make it difficult to find places to park a delivery truck in order to drop off a package, which increase the risk of delivery truck accidents. When a package delivery truck is involved in an accident, there are unique risks to its drivers, as well as to the drivers of the other vehicle. Delivery trucks are large, and they are often very heavy, with many trucks carrying loads that are at or near the upper limit of their weight capacity. Because of their size and weight, delivery trucks often do much more damage than ordinary vehicles when they are involved in a crash. Unfortunately, some of the design features of delivery trucks which make it easy for their drivers to get in and out of their vehicles quickly create safety risks for the drivers, such as a danger that they will be ejected from their truck during a crash.

If you are involved in an accident with a delivery truck, an accident response team from the trucking company’s insurer may arrive at the accident scene. Package delivery companies send teams of adjusters to accident scenes so that they may assess the damage and speak with the other drivers who were involved in the accident for a couple of reasons. One reason is that the other drivers might provide information that the insurance company can use to support its case in the event that any claims arising from the accident proceed to litigation. Also, the insurance company may use information that is gathered at the accident scene to create initial settlement offers for the accident victims. Insurance companies send settlement offers to accident victims as soon after the accident as they can, in an effort to entice the injured parties to accept a settlement that may be substantially less than they deserve before they are fully aware of the extent of their injuries or damages. Since the adjusters do not have your best interests in mind, politely decline to speak with them until after you have consulted with an experienced Kansas Personal Injury Attorney.

If you have been injured in a delivery truck crash, be sure to get medical attention right away. Even if you do not feel like you are hurt, you should get checked out for the purpose of creating a record of your care with your health care provider. In addition to seeking prompt medical attention, it is important that you speak with a knowledgeable Kansas Personal Injury Attorney right away. To learn more about how a Kansas Personal Injury Attorney can help you to obtain the settlement that you deserve, please call our Wichita office today at (316) 264-1548.



Kansas Criminal Defense Attorney Explains the Crime of Conspiracy

Monday, December 1st, 2014

Conspiracy is a crime which is often talked about on the news, yet many people do not completely understand it. Everyone knows that certain acts are crimes, but some people do not realize that the very act of planning a crime may in and of itself amount to conspiracy, which is also a crime. Kansas law defines conspiracy in Statute 21-3302, as an agreement with another person to commit a crime or to assist in committing a crime. In order for a person who has been charged with conspiracy to be convicted, Statute 21-3302 requires that an overt act in furtherance of the conspiracy is alleged and proved to have been committed by the person against whom the charges have been brought, or by a co-conspirator.

When a person is charged with conspiracy, it is only natural for them to wonder what the potential consequences may be if they are convicted. At the most basic level, the consequences that defendants are likely to receive for crimes that are committed in Kansas are set forth in a felony grid. The felony grid provides suggestions for sentencing and fines that are contingent upon factors like the type of crime, whether the defendant had prior convictions, aggravating factors, and mitigating factors. Unfortunately, as anyone who has been convicted of a crime can tell you, fines and prison sentences are not the only consequences of being convicted. Important things like your ability to obtain housing and employment are also likely to be affected, making the total impact of your conviction on your life rather extensive.

When someone is charged with conspiracy, there is a lot at stake. For this reason, it is essential that you enlist the aid of a seasoned criminal defense attorney. A defense attorney can offer you the best possible chance at avoiding a conspiracy conviction or reducing the consequences that are associated with a conviction that cannot be avoided. Your defense attorney knows how to examine the circumstances under which your conspiracy charges were brought and select the defense strategies which are the most likely to help you prevail. One potential defense to a conspiracy charge is that the defendant withdrew from the conspiracy. In order for this defense to be successful, the defendant must have withdrawn from the conspiracy voluntarily and in good faith, and with the knowledge of one or more of their co-conspirators before the “overt act” occurred. Evidentiary challenges may be available, depending upon the circumstances of your case. Your attorney also understands the processes which are associated with criminal cases, and they can help you to assess any options that are presented to you so that you can proceed with your case in the manner which will best accomplish your goals.

An experienced criminal defense attorney could help you to get the conspiracy charges that have been brought against you dismissed. If a dismissal is not possible, your attorney could help you to reduce or eliminate some of the short term and long term consequences of being charged with conspiracy. If you would like to know more about how a Kansas Criminal Defense Attorney can help you with the conspiracy charges that have been brought against you, please give us a call at our Wichita office today at (316) 264-1548.