Kansas DUI Defense Attorney Explains the Basics of DUI Defense

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

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

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.

 

 

Kansas DUI Defense Attorney Shares Tips for Avoiding Holiday Season DUIs

November 30th, 2014

Now that Thanksgiving has passed, families everywhere are planning for a fun-filled December. Throughout the holiday season, there are many opportunities to enjoy time with friends, family, and even co-workers. At this time of year, there are many special foods on the menu, as well as plenty of seasonal beverages. Whether you are looking forward to enjoying a few glasses of wine with dinner, a cup of egg nog with your cookies, or both, it is essential that you plan ahead for each of your holiday events so that a DUI won’t spoil your holiday fun.

The holiday season is a popular time for law enforcement to set up DUI checkpoints. Law enforcement officers are well aware that there are many events going on, and in addition to the DUI checkpoints, they assign additional officers to patrol busy areas throughout the evening hours. Fortunately, you don’t have to get a DUI this holiday season. The following tips can help you to stay safe and have fun.

The best way to avoid getting a DUI is also the simplest – don’t drink and drive. If you plan to attend a few gatherings with the same group of family or friends, plan to take turns serving as the designated driver. Also, whenever you go to an event, check with other attendees ahead of time to see whether anyone plans to be a designated driver.  In many places, cabs, buses, and other types of public transportation provide an easy way to avoid driving home after the party.

Sometimes, you may have to travel quite a long way to an event. For these events, getting a hotel room at or near the event and spending the night is a great way to enjoy yourself safely. If you are attending the party with family or friends, why not share the cost of a room, or ask whether there is someone in the area with a guest bedroom or couch that you could use for the night.

If you find yourself in a position where you will be driving home late at night, you may feel like you are sober enough to drive.  Notwithstanding, it is important to avoid attracting any attention from law enforcement officers. Follow the rules of the road, and check your vehicle over regularly so that you won’t be singled out for a late night traffic stop because of a burnt out headlight.

If, despite your best efforts, you get pulled over, do whatever you can to remain calm. You have rights, and one of those rights is that you may choose to provide the officer with very little information about where you have been and what you have been doing. Be careful not to provide the officer with any information that could incriminate you. If you do get arrested and charged with a DUI, give yourself the best possible chance at avoiding conviction by calling a knowledgeable Kansas DUI Defense Attorney right away, at (316) 264-1548.

 

Kansas Criminal Defense Attorney Discusses the Crime of Stalking

November 11th, 2014

Sometimes, it can be rather annoying if a person continuously shows up wherever you go or won’t stop calling you or sending you texts or emails. Unfortunately, some people go beyond the level of annoying and escalate their conduct to a point where the person on the receiving end of the constant contact feels afraid that they or someone else close to them is in danger of being harmed. When this happens, the activity becomes a crime; the crime of stalking. Stalking is a serious problem, and while stalking victims are often women, there are also male stalking victims who know just how frightening it is to feel as though they could be harmed at any time.

Stalking is a course of action which one person takes towards another person that may include behaviors like incessant in-person, telephone, or electronic contact, harassment, humiliation, and threats of harm to the victim or to their friends, family, or pets. Stalking is something that occurs over time, and in many cases, the contact occurs for a period of time of at least six months to up to five years or more. It is reported that approximately a quarter of all stalking victims are contacted in some manner by their stalker at least once every single day. Because of their popularity and ease of use, it is not surprising that the most common methods of stalking involve cell phones and computers, with stalkers using phone calls, text messages, email, and social media to bombard their victims with messages.

Kansas takes stalking seriously, with first offenses being classified as a class A person misdemeanor, unless the alleged perpetrator’s behavior violated a protective order, in which case it is a security level 9 person felony. Second offenses are person felonies, with a security level of either five or seven depending upon the behavior and the circumstances. If you have been accused of stalking, it is important that you contact a seasoned Kansas Criminal Defense Attorney right away. Your attorney can look at the circumstances of your case and determine which potential defenses may help you avoid a conviction. For example, there are often evidentiary issues in stalking cases. This is due, at least in part, to the fact that and much of the state’s evidence comes from the victim’s own testimony.

A stalking conviction could have a serious impact on many areas of your life. You deserve to be represented by an attorney who will explore all of the options for defending your case, so that you can reduce your chance of being convicted or reduce the consequences that are imposed upon you. We take pride in giving each criminal defense case the personal attention that it deserves, because we feel that criminal defendants are unique people with unique needs who deserve fair outcomes in their cases. To get your questions answered by a Kansas Criminal Defense Attorney, please give us a call at our Wichita office today at (316) 264-1548.

Kansas Personal Injury Attorney Talks About Birth Injuries

November 4th, 2014

Personal injuries come in many forms, and have many different causes.  The process of childbirth happens many times each day, all over the world, as families welcome babies into their lives. Much of the time, births are fairly uneventful, with no long-term negative implications for either the mother or the child. Unfortunately, things can go wrong during childbirth, and either the mother or the baby or both can be temporarily or permanently injured.

Birth injuries may be visible right away, or they may not become apparent until weeks or months after a baby is born. From the moment of birth and onward, babies are growing, developing, and changing. If a baby was deprived of oxygen for a length of time during the birthing process, he or she may have sustained brain damage which could reveal itself to parents as the baby experiences delays in reaching developmental milestones, such as rolling over and crawling. If you notice any sort of delays, your pediatrician can assess your child and determine whether the delays are the likely result of a birth injury, or the result of being a healthy child who has a slightly different developmental timetable than other children his or her age.

In addition to developmental delays, seizures can alert parents to the possibility of a birth injury. Not all seizures in infants and young children are caused by birth injuries, but some are. As with developmental delays, your pediatrician can help you to understand the cause of your child’s seizures in addition to treating them. In order for your pediatrician to have all of the information that they need  to determine whether your child’s developmental delays or seizures are the result of a birth injury, provide the pediatrician with information about your birth.  This includes information such as whether there were any birth injury risk factors like forceps, vacuum extraction, a cesarean birth, or an unusual appearance of your child immediately after birth.

Birth injuries can be temporary or they can be permanent. One example of a birth injury that is sometimes temporary is the brachial plexus injury, an injury to the group of nerves which begins in the neck and extends throughout the upper body. Brachial plexus injuries often result when there is difficulty in getting the baby’s shoulder through the birth canal and excessive force is used to deliver the baby. Some brachial plexus injuries are permanent, while others may be completely or fully healed by surgical means such as nerve transfers, nerve grafts, and nerve repair. Cerebral palsy, a movement control disorder, is an example of a permanent birth injury. Injuries to the brain of a child in utero, before birth, or after birth can cause cerebral palsy, as can mistakes during labor and delivery, bacterial infections, head trauma, and oxygen deprivation.

Whether your child’s birth injury is temporary or permanent, they are likely to require specialized short term or long term medical care. It is important that the medical professionals whose negligent actions result in birth injuries are held responsible for their actions. Your Kansas Personal Injury Attorney will help you to build a strong case in your favor. To learn more about how a Kansas Personal Injury Attorney can help you to obtain the settlement that your injured child deserves, please call our Wichita office today at (316) 264-1548.

Kansas Criminal Defense Attorney Discusses Search and Seizure Defenses

October 20th, 2014

If you have been charged with a crime, you may be aware that there are often multiple ways in which you can defend yourself against the charges which have been brought against you. The types of defense strategies which may be available to you depend largely upon the nature of the crime that you have been charged with. If you have been charged with a drug crime or some other crime for which the charges are based upon evidence which was obtained during a search and seizure, it is possible that a search and seizure defense may be available to you.

As an American, you are protected from unreasonable searches and seizures by the Fourth Amendment to the United States Constitution. Unfortunately, unreasonable searches and seizures happen every day despite the Constitutional guarantee. If you have been charged with a crime which involved any type of search or seizure, it is important that you talk to a Kansas Criminal Defense Attorney about your case. A Fourth Amendment defense is one tool that criminal defense attorneys can use to help their clients, and it can be a very effective tool because it can be used to prevent the prosecution from presenting key pieces of evidence to the court.

Fourth Amendment defenses can take a variety of forms. One type of search and seizure defense is based upon the validity of the search warrant. Search warrants must be supported by probable cause, which means that an officer must have had information available to them which would have led a reasonable person to believe that a crime had occurred or was in progress. If the search warrant which was issued prior to the search and seizure in your case was not based on probable cause, it may be defective. Likewise, a warrant may be deemed invalid if it did not provide a specific enough description of the place which was to be searched and the person or items which were to be seized.

Sometimes, a Fourth Amendment defense is focused on the search itself. A search which was conducted pursuant to a valid warrant may be deemed defective under certain circumstances. An example of how an improper search can be made pursuant to a valid warrant occurs when law enforcement officers go beyond the scope of the warrant and search in places that are not specifically described in the warrant.

Fourth Amendment defenses can also be made in some cases involving warrantless searches. Warrantless searches are often performed as part of an arrest, upon the consent of the person to be searched, in emergencies, and when items are in plain view of an officer. Warrantless searches must be supported by probable cause, so some of them are valid and some are not.

If you have been charged with a crime and the charges are based upon evidence which was obtained during a search and seizure, you deserve the best possible defense. Your Kansas Criminal Defense Attorney can help you to determine whether a Fourth Amendment defense is available in your case. Whether this type of defense is available or not, your attorney can select a defense strategy which meets your needs. Your Kansas Criminal Defense Attorney will also give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.

Kansas DUI Defense Attorney Talks About Why Science Matters in DUI Cases

October 18th, 2014

Did you know that science is an important tool which DUI defense attorneys can use to build strong defenses for their clients? Kansas DUI Defense Attorneys use a variety of tools to defend their clients against DUI charges. For example, an attorney’s knowledge of Kansas DUI laws helps them to find the weak spots in the prosecution’s case. Likewise, an attorney’s knowledge of the procedures that law enforcement officers must follow during traffic stops and arrests, can enable them to challenge the validity of a stop or an arrest. Scientific knowledge is also an important tool for the Kansas DUI Defense Attorney, because it enables them to make challenges to scientific evidence which the prosecution may be relying on to support their case against the DUI defendant.

There are many points at which errors in the collection or handling of scientific evidence can occur in any given DUI case. These errors can be made as early on in the case as during the initial traffic stop, where a blood or breath sample could be collected or tested improperly. While it may seem like a shot in the dark to wonder whether there was an error made during any given traffic stop, it is important to remember that there are a number of different devices which may be used to collect and test blood and breath samples, and each has its own set of operating instructions and its own potential for providing inaccurate results under certain circumstances. Once the samples have been taken, further errors could occur in the handling and testing of the samples as them move from the law enforcement officer or medical personnel who collected them to the lab where they are analyzed, and also as the results are conveyed back to the law enforcement officials who ordered the testing.

There are also other ways in which science can be useful in building a DUI defense, even in situations where there has not been any error in the sampling or testing of the samples that were obtained from the defendant. These errors are based upon scientific knowledge of our bodies, and how individuals with different body compositions process the substances that they ingest. In a DUI case, knowledge of what happens to alcohol once it is ingested can prove helpful, as can information about how other things like medication or food may factor into the results which were provided by blood or breath tests.

DUI charges can have serious consequences, and Kansas DUI defendants deserve to have access to all of the tools that could help to provide them with a successful defense. If you have been charged with DUI in Kansas, contact a Kansas DUI Defense Attorney immediately. Retaining an experienced Kansas DUI Defense Attorney will give you the very best chance at obtaining the best possible result in your Kansas DUI case. To learn more about how a Kansas DUI Defense Attorney can help you, please call our Wichita office today at (316) 264-1548

Kansas Personal Injury Attorney Talks About Emotional Distress

October 4th, 2014

When you are injured in an accident, the physical pain of your injuries is likely to be one of the first things that you notice. Once your injuries have been treated and you are in the process of recovering from them, you are likely to still feel some physical pain. Sometimes, though, the physical pain is not the only type of pain that an accident victim feels. Emotional pain and distress are commonly felt by accident victims, and while they are sometimes noticeable shortly after an accident, they may also take a while to develop. This can take accident victims by surprise, because it is only natural to expect that things will get easier as the physical pain of the injuries caused by the accident subsides.

Whether you are surprised by your emotional distress or not, you are certainly not alone. The experience of being involved in an accident is traumatic, to say the least. Traumatic experiences can have deep and long-lasting effects on people, including anxiety, migraine headaches, and difficulty sleeping. Accident victims who are experiencing emotional distress should not hesitate to seek treatment for it because therapy, medication, and other methods of addressing emotional distress can be very effective at reducing its impact on the lives of those who suffer from it.

Some accident victims may refrain from pursuing treatment for their emotional distress because they fear that it will be costly. Treatment of any kind does cost money, but accident victims can often recover compensation for their emotional damages in addition to recovering for their physical injuries. Recovery for emotional damages may not be possible in every automobile accident case, but in cases where the emotional distress that the victim is experiencing is so severe that it is disrupting the activities of their day to day life, it is likely.

Any automobile accident victim can benefit from working with an experienced Kansas Personal Injury Attorney, but those who suffer from emotional distress in addition to their physical injuries can benefit greatly from working with an attorney who is skilled at presenting evidence that speaks to the nature and severity of emotional distress. Attorneys who work with cases involving emotional damages know how to present evidence from doctors and others who are involved in the life of an accident victim in a way that portrays the extent to which the victim’s emotional distress has interfered with their day to day life.

If you have been injured physically and emotionally in a Kansas automobile accident, you deserve caring and compassionate representation. Your Kansas Personal Injury Attorney can help you with the legal details of your case, so that you can focus on healing your physical and emotional wounds. Your Kansas Personal Injury Attorney will do the stressful and tedious work of communicating with the insurance company, and they will help you to analyze any settlement offers that are proposed. 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 DUI Defense Attorney Discusses DUI Checkpoints

September 30th, 2014

Drivers throughout Kansas may have noticed that there have been more DUI checkpoints set up along the roads than there ever were before. This past Labor Day weekend, the Lawrence Police Department set up a DUI check lane from eleven in the evening on Friday until three in the morning on Saturday. Nearly four hundred vehicles passed through the checkpoint. Of those vehicles, twenty drivers participated in field sobriety tests. Ten of those drivers were arrested for DUI. In addition to the DUI arrests, officers issued two citations for drug offenses and six citations for traffic violations.

The Labor Day weekend DUI check in Lawrence was just one of the many recent DUI checkpoints which were set up throughout the state. One late-night checkpoint in Sedgwick County resulted in two DUI arrests and one drug-related arrest. There were two DUI checkpoints in Kansas City on September 12th and 13th. At those checkpoints, Missouri police made a total of twenty two DUI arrests, four arrests for driving with a suspended or revoked license, three arrests for driving without a valid license, nine traffic violations, and six drug-related arrests. As you can see, DUI checkpoints are an easy way for law enforcement officials to look for multiple types of motor vehicle violations at once, including driving under the influence of alcohol, seatbelt use, drug use, and possession of weapons.

Since law enforcement officials have stepped up their use of DUI checkpoints, it is essential that drivers understand how checkpoints work, and how they can do their best to pass through them without incident. When checkpoints are to be set up, their locations are publicized in advance, often on the internet and in newspapers. Drivers can learn about the locations and dates of checkpoints ahead of time, and plan accordingly. Also, signs are posted near the checkpoint area to inform drivers that there is a checkpoint ahead. Some drivers interpret these signs as a cue to take an alternate route in order to avoid the checkpoint; however, this is not always a good idea. There are often officers stationed outside of the checkpoint area, near streets that lead away from the checkpoint, and they are looking for drivers who appear to be attempting to avoid the checkpoint. The end result is that drivers who make a last-minute decision to avoid the checkpoint are likely to be stopped.

Since attempting to avoid a checkpoint is likely to focus unwanted law enforcement attention on your vehicle, going through the checkpoint is probably your best bet. Officers at checkpoints may only examine each vehicle for a short amount of time, unless they develop a reasonable suspicion of illegal activity. The best thing that you can do is to exercise your right to remain silent, and give as little information as you can. For example, you are not required to provide an answer to the question of whether you have had anything to drink, how much you have had to drink, where you are coming from, or where you are going. It is entirely possible to remain calm and be polite while doing so, and your attitude does play a role in how smoothly your checkpoint experience will go.

If you have been accused of driving under the influence of alcohol, it is important that you contact a Kansas DUI Defense Attorney immediately. Retaining a knowledgeable Kansas DUI Defense Attorney will give you the best chance at obtaining the best possible result in your Kansas DUI case. To learn more about how a Kansas DUI Defense Attorney can help you with your DUI case, please call our Wichita office today at (316) 264-1548.