Criminal Defense

Kansas and Missouri Criminal Defense Attorney

The Stone Law Office, located in Kansas City, Kansas provides effective legal representation to residents of Kansas and Missouri faced with the following legal issues:

If you have been charged, or you are under investigation for a crime, contact the Stone Law Office immediately to protect your rights.

Free Consultation • 913-281-6601 • Direct Access to an Attorney

The Stone Law Office has a reputation for aggressively and zealously defending adults and juveniles accused of crimes in Kansas and Missouri state and federal courts. The firm handles everything from traffic tickets to first-degree murder cases in municipal, district, and federal courts. Attorney Gary D. Stone routinely handles homicides, drug crimes, and other high-level felonies, and has developed a reputation for successfully litigating those matters. Most criminal cases call for extensive and thorough pretrial discovery and motion practice, and Mr. Stone is experienced at both. Mr. Stone also has extensive trial experience, and understands the intensive preparation and attention to detail that bench and jury trials require.

The Stone Law Office represents a limited number of clients, which allows for personalized attention to each case. Mr. Stone is proud to be accessible to his clients on a moment's notice.

OVERVIEW OF A CRIMINAL CASE:

Every criminal case is different, and how it is handled will depend greatly on the facts, the nature of the offense, and the needs and desires of the client. The following is a general overview of the typical criminal case. This information is for informational purposes only, and it is not intended as legal advice.

INVESTIGATION:

Law enforcement officials may investigate an alleged crime immediately after it happens or months later. Usually, an investigation will consist of interviews with witnesses and alleged victims, and possibly, an interview with you as a suspect. Persons suspected of crimes are not required to discuss those matters, or any others, with law enforcement. Every United States citizen has the right to remain silent and/or to have an attorney present during questioning. As officers are usually trying to make a case against the suspect they are interviewing, suspects can rarely say anything to help themselves. Many criminal defense attorneys will strongly recommend against speaking to any government agent prior to obtaining the advice of counsel. An investigation may also consist of forensic tests for fingerprints, hair or fiber evidence, DNA testing, and handwriting analysis. Every drug case will almost certainly require laboratory analysis to determine whether illegal drugs are present in seized evidence.

Often, an investigation includes a search of a person or his property. The law surrounding search and seizure in America is too complex to discuss in detail here. Generally, to perform a legal search, the police need to have a warrant. In order to obtain a warrant, the law enforcement officers need to demonstrate there is probable cause to believe the fruits or instrumentalities of a crime will be found in the place they will be searching. There are several notable exceptions to the warrant requirement:

• Because vehicles are mobile, police may search them if there is probable cause to believe that contraband or evidence of a crime is inside the vehicle.
• When making an arrest, an officer may search an individual and his immediate surroundings in order to determine that there are no weapons or contraband within the person's reach.
• An officer may perform a search when the evidence is such that it is likely to dissipate or be destroyed with the passing of time.
• An individual may consent to a search. Many criminal defense attorneys strongly recommend against ever consenting to a search.

ARREST:

If a law enforcement officer sees a crime being committed, he may immediately arrest the person he believes is responsible. Otherwise, the officer will conduct an investigation to try to develop probable cause. Probable cause is that quantum of evidence that would lead a reasonable person to believe that a suspect has committed a crime. If the officer develops probable cause to believe that a suspect committed a crime, he or she may make an arrest. Sometimes, an officer will conduct an investigation and simply turn the information over to the prosecuting authority in the jurisdiction. The prosecutor may then file a case and ask a judge to issue an arrest warrant, which allows for the arrest of the person at any place he or she might be found. Once arrested, authorities bring the suspect before a judge to be arraigned.

ARRAIGNMENT AND BOND:

If a bond has been set for the charge, a suspect may either post cash sufficient to cover the bond or have a bondsman post the bond for him or her. A bondsman will usually charge between 10% and 20% of the bond for that service. If the suspect posts his or her own cash bond, the money will be returned when the case is resolved. On the other hand, a bondsman keeps the money. When the suspect posts bond he or she will be given a court date. If the suspect cannot post bond, he or she will go before the judge within a day or two.

An arraignment is a proceeding in which the suspect appears before a judge who informs the suspect of the charge against him or her. In misdemeanor cases, the judge may ask the suspect to enter a plea of not guilty or guilty. If a suspect is still in custody, he or she may ask the judge to lower the bond amount so that he or she can post it and be released. As the purpose of bond is to insure that a defendant will return to court, in setting a bond amount, a judge will usually consider whether the individual has contacts with the community, is likely to flee, poses a danger to others, and whether he or she has failed to appear in the past.

If a person who is out on bond fails to appear for court, he or she may forfeit the bond and a new warrant for his arrest will be issued.

DISCOVERY:

A person charged with a crime may choose not to have an attorney. The defendant may retain an attorney, or the court may appoint an attorney if a defendant is indigent. An attorney's first duty is usually to obtain discovery. Discovery is all of the information that the prosecutor and police have that is relevant to the case. An attorney should order police reports immediately. An attorney should also request any police videotapes, audio tapes of 911 calls, dispatch calls and interviews, photographs, diagrams, laboratory reports regarding breath, blood, DNA, and forensic evidence, logbooks, field notes, and witness statements. Prosecutors must generally provide this information, and if they refuse, a defense attorney can file a motion to compel production of this information. A defense attorney may also want to conduct his own investigation of the alleged crime by visiting the crime scene, interviewing witnesses, and having additional tests performed. Sometimes, defendants will hire experts to review the evidence and give an opinion.

Once discovery is complete, an attorney and defendant can discuss the evidence and assess the case.

PRELIMINARY HEARING:

In some state courts, a defendant charged with a felony is entitled to a preliminary hearing. At such a hearing, the prosecution must present evidence that is sufficient to demonstrate that there is probable cause that a felony has been committed and that the defendant is the person who committed the crime. The preliminary hearing is an opportunity for the defense to evaluate the government's witnesses and to obtain more information about the case. If the court finds probable cause, the court will hold the defendant for trial and ask the defendant to enter a plea of not guilty or guilty.

MOTIONS:

Sometimes after reviewing the evidence obtained through the discovery process, defense counsel will wish to file motions to limit the introduction of evidence at trial or to have a case dismissed altogether. Many times an attorney will make these motions in an effort to suppress evidence obtained through a potentially illegal search or seizure. If the court excludes the evidence, the court may dismiss the case. Counsel may also file motions to prevent the introduction of evidence that may be irrelevant or so prejudicial as to prevent a fair trial.

PLEA BARGAINING:

There is a risk of conviction in every criminal trial. Thus, after reviewing the evidence, the defendant and his or her attorney may decide to consider a negotiated resolution to the case. Sometimes, a prosecutor will agree to reduce the charges or to make a favorable recommendation regarding sentencing. If the prosecutor makes an offer that provides enough incentive for the defendant to waive his or her right to a trial, the parties may enter a plea bargain to resolve the case.

Before a judge can accept a guilty plea from a criminal defendant, he or she must determine that the defendant's plea is free and voluntary and that the person understands the rights he or she is waiving by pleading guilty. A judge will usually inquire as to whether the person understands that by pleading guilty he or she is waiving the right to a trial, waiving the right to confront and cross-examine witnesses, waiving the presumption of innocence, and waiving the right to most appeals. The judge will also want to know whether any threats or promises other than the plea bargain have been made in order to get the defendant to plead guilty. If a judge is satisfied that the plea is voluntary, and that there are facts to support the plea, he or she will accept it. The judge will then sentence the defendant. A judge is not involved in working out the plea, and the terms of the plea do not bind the judge. Generally, a judge will consider the recommendations in the plea agreement and defer to them. However, a judge may sentence a person who pleads guilty to any sentence within the minimum and maximum ranges allowed by law.

TRIAL:

All persons accused of crimes, other than traffic violations, are entitled to a trial by a jury. However, a municipal court judge may first hear the case, and then the defendant may appeal it to district court, where the defendant may request a jury. In many misdemeanor and traffic cases, only a judge may hear a defendant's case. Juries generally hear felony cases. If the defendant requests a jury, a panel will be selected and then the attorneys and judge will narrow it down to only those jurors who are ostensibly fair and impartial. The jury will then hear the evidence and decide guilt or innocence.

The prosecution has the burden of presenting evidence and proving beyond a reasonable doubt that the defendant is guilty of the crime with which he or she is charged. A defense attorney may cross-examine the government's witnesses to try to show weaknesses in the prosecution's case. After the prosecution has presented all of its evidence, the defendant has the opportunity to present any evidence supporting his or her case.

A defendant is never required to testify at his or her own trial. Whether to do so is a decision for the defendant to make with the help of his or her attorney. If the defendant does testify, the prosecutor may cross-examine him or her. The defendant may put on other evidence in his or her defense, but is not required to do so.

If a jury finds the government has not proven its case beyond a reasonable doubt, it should return a verdict of not guilty. If a jury cannot decide, a hung jury may be declared and the case could be retried. If the jury finds the defendant guilty, the judge will sentence the defendant according to appropriate state or federal law.

SENTENCING:

At sentencing, both the prosecution and defense may make arguments and/or introduce evidence concerning the appropriate sentence for the defendant. The defendant may request probation to avoid serving any time in jail. In Kansas, the Kansas Sentencing Guidelines generally predetermine felony sentences, and judges must sentence a defendant within those guidelines. In most cases, the severity level of the crime and the criminal history of the defendant will determine the length of the sentence. Depending on a defendant's criminal history, a judge may order probation or prison.

If placed on probation, a defendant must report to a probation officer and comply with all of the requirements set by the court. People on probation generally must refrain from drinking alcohol, obtain substance abuse and mental health evaluations and comply with the terms thereof, obey all laws, and sometimes must perform community service and pay fines. If a person violates one of the conditions of probation, the judge may impose a jail sentence.

APPEAL:

After a guilty verdict, a defendant may appeal the decision. If the trial court made a mistake, the conviction may be overturned. If the appellate court finds that the trial court did not make any mistakes, the conviction will stand and the original sentence carried out.

MAINTAIN YOUR RIGHTS!

If convicted of a felony, you will lose certain civil liberties, including:

• The right to own or possess a firearm: Both the federal and state courts adhere to strict sentencing guidelines that prohibit a convicted felon from exercising his or her constitutional right to bear arms.
• The right to vote: Your voice in our democratic nation will be lost. Convicted felons are limited in their right to vote.
• The right to freedom from search and seizure: Based on the severity of the crime committed and in accordance with state and federal sentencing guidelines, if convicted of the criminal charges against you, a judge will either sentence you to prison or place you on probation. While on probation or parole, your supervising officer has the right to enter and search your property for any unlawful items. If the officers find any, you may face further charges or revocation of your probation.

Once the police charge you, you have just one chance to get your defense right. You need an experienced criminal defense lawyer dedicated to vigorously defending your rights. The Stone Law Office, led by Attorney Gary D. Stone, is not afraid to take your case all the way to trial. As a former Assistant District Attorney for Wyandotte County, Kansas, Mr. Stone has the depth of knowledge and experience necessary to defend you against damaging criminal charges.

Responsive, Aggressive Representation: 913-281-6601

Contact the Stone Law Office, of Kansas City, Kansas, to speak with a Kansas and Missouri trial lawyer about your criminal defense. The initial consultation is free, so you have nothing to lose — and everything to gain.