Kansas Criminal Defense Attorney
Christopher Angles:
Defending you in Kansas Criminal Court

If you've been charged with a crime that requires you to appear in a Kansas criminal court, you need a criminal defense attorney who understands what you'll be facing in the state courts. Contact Kansas criminal defense attorney Christopher Angles today for a consultation.

There are a number of crimes that would be addressed in a Kansas criminal court, including a violent crime, drug crime, domestic violence, shoplifting, child neglect, probation violation and vehicular homicide.

Kansas criminal courts have a specific way of adjudicating your case. Christopher Angles is experienced at winning cases brought before a Kansas criminal court.

The following is a brief overview of the process in criminal court and is loosely applicable to Kansas and Missouri courts. Your lawyer can explain the specifics. Anyone accused of a crime has the right to an attorney, whether the attorney is an appointed public defender or you hire an aggressive and experienced attorney like Christopher J. Angles to represent you. It's your choice.

Your constitutional rights include:

• Right to a lawyer
• Right to cross-examine and confront witnesses
• Right to testify on one's own behalf
• Right to remain silent
• Right to speedy trial
• Right to use court's subpoena power to compel witnesses to testify
• Right to a jury trial (in most cases)
• Presumption of innocence
• Right to a unanimous jury
• Right to appeal

Process of a Criminal Case Lower Court (KS-"Magistrate"; MO-"Associate Circuit")

Arraignment

• Bail is set
• Identity of defendent
• Charges are read
• Confirm attorney of record

Pre-Preliminary Hearing

• Plea negotiations
• Identification of witnesses, issues
• Identification of strengths and weaknesses in State's case; possible defenses

Preliminary Hearing

• Probable cause that felony was committed and defendant could have committed it

Upper Court
(KS-"District"; MO-"Circuit")

Arraignment

• Bail is set
• Charges are read
• Confirm attorney of record

Pre-Trial Conference(s)

• Plea negotiations
• Identification of issues to be tried
• Identification of witnesses
• Evidentiary issues

Trial

• Pre-trial motions
• Issues of fact are decided

Sentencing

• Judge imposes sentence after conviction

Appeal

• defense asks the appeals court to reverse the verdict

What is an Arraignment?

An arraignment is the first step in the criminal process: the defendant is informed of the specific charges. All arraignments are conducted after the suspect is arrested and booked by law enforcement.

What Happens to the Defendant at the Arraignment?

The arraignment is the time where the judge will ask if the person appearing is the person identified in the charges. In addition, the judge will ask whether the defendant will plead not guilty. It is highly unusual that a defendant would plead guilty at the arraignment.

At an arraignment:

• The defendant will be provided with written charges.
• The defendant will be asked to state his identity.
• The defendant is entitled to counsel.
• If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere (no contest). If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment.
• In a misdemeanor case, the judge will set the defendant's tentative appearance schedule. In a felony case, the judge will set the defendant's tentative preliminary hearing.
• Bail is set. The defendant has a right to request a bail reduction.
• The discovery process begins. Discovery at the arraignment usually consists of a police report and a complaint. Some states do not provide discovery until after the preliminary hearing or indictment.

Differences Between Misdemeanors and Felonies

Generally, a misdemeanor crime is punishable by up to one year in county jail. Misdemeanor trials are held in the state's lower court, sometimes referred to as Magistrate(KS) or Associate Circuit (MO) Court.

A felony crime is punishable by one year or more in state prison or a penitentiary.

Anyone accused of a crime should obtain legal representation prior to arraignment if possible. A public defender may have little time to review the case before arraignment, or may not even be assigned the case until arraignment. Preparation is key to a successful defense. A private attorney can meet with the defendant prior to arraignment, review the case, and provide the defendant with step-by-step options prior to the arraignment process.

Misdemeanor: The Arraignment To Appeals Process

Arraignment

The defendant may plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, he/she can expect to be sentenced. Very few cases are dismissed at arraignment. Once the arraignment is completed, the defendant prepares for trial.

Pre-Trial Conference

This involves a meeting between prosecution and defense. Topics discussed include plea bargain opportunities, pretrial motions and other factors in the case, such as the defendant's character and prior criminal history.

Magistrate/Associate Circuit Court Trial

Each state has different rules for trials in the lower Courts. Some states provide the right to choose between a trial by judge or jury. Others do not allow the defendant a jury trial in misdemeanor cases.

Sentencing

The judge determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or heavier sentence. The defendant may make a statement to the court. In addition, in some jurisdictions the court may ask for a report from the probation department prior to sentencing the defendant.

Appeals

After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to review specifically identified errors in procedure with the possibility of changing the lower court's decision. It is important to recognize that the appeals process may only begin after the defendant has received the final verdict, and been sentenced.

Once the trial has been completed, the facts have been decided. They cannot be changed by an appellate court. The appeals process reviews defects in procedure of the trial. If the defense attorney can identify substantial improper procedural issues, he may be able to win the appeal. Note that the timeline of the appeals process varies from state-to-state.

Some post conviction tactics to get relief for the defendant include:

• Motion for acquittal
• Motion For new trial
• Motion for appeal bond
• Appeal To Higher Court (Court of Appeals or State Supreme Court)
• Writ of habeas corpus

Felony: The Arraignment to Appeals Process

Arraignment

The arraignment in a felony is identical to that in a misdemeanor case. Bail and identity are established, charges are ascertained and the attorney of record is confirmed. Very few cases are dismissed at arraignment.

Pre-Preliminary Hearing

This involves a meeting between prosecution and defense. Topics discussed in most states include plea bargain opportunities, strengths and weaknesses of the prosecution's case, and other factors, such as the defendant's character and history.

Preliminary Hearing

At the preliminary hearing the judge determines whether sufficient evidence exists to send the case to the upper court for trial. The case will be "bound over" for trial if the judge finds probable cause that a) a felony was committed; and, b) that the defendant could have committed it. The State shoulders the entire burden of proof at the preliminary hearing. Such a hearing can be an excellent tool to learn more about the State's evidence, to confront the witnesses, and analyze the strength of the case.

District/Circuit Court Arraignment

The defendant is arraigned and pleads guilty, not guilty or no contest. At the arraignment, the identity of the defendant is confirmed, bail is established, charges are ascertained and an attorney of record is confirmed.

Pre-Trial Conference

The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.

Trial

A jury trial is the fact finding phase of the case. It is the in-court examination and resolution of a criminal case. A verdict is usually reached. Unlike a plea-bargained settlement, which completes the case, a trial introduces risk for both the prosecution and defense. Neither side knows who will win.

The trial begins with the prosecution's opening statement. The defense attorney may also present an opening statement at this time. The prosecution presents his case to support the charges and then rests. The defense presents his case to refute the charges and then rests. Closing arguments by both the prosecution and defense conclude the presentation part of the trial. The jury then deliberates and returns with a verdict.

In a trial, expect the following to occur:

• Jury selection
• Opening statements presented by the prosecution and the defense
• The prosecution presents its case
• The defense cross-examines prosecution witnesses
• The defense presents its case
• The prosecution cross-examines the defense witnesses
• Closing arguments are presented by both the prosecution and the defense
• The prosecution, defense attorney and judge decide on specific instructions to the jury
• The judge instructs the jury on rules
• The jury deliberates
• The jury submits their verdict

Sentencing

The judge usually determines the length and type of punishment at a sentencing hearing. Witnesses are generally allowed to speak, requesting either a lighter or stiffer sentence. The defendant may make a statement to the court.

At sentencing:

• The judge almost always determines punishment.
• The judge may be required to follow specific sentencing guidelines.
• The Eighth amendment to the U.S. Constitution provides that punishment may not be cruel or unusual.
• Factors such as no criminal history, a good public record, and professional or personal responsibilities may persuade the judge to provide a lighter sentence.
• A previous criminal record, use of a dangerous weapon, and the type of conviction may persuade the judge to provide a harsher sentence.
• Judges almost always give repeat offenders harsher sentences.

Circumstances that Can Adversely Affect Sentencing:

Most states carry statutes which call for harsher penalties if a defendant's crime involves the use of a dangerous or deadly weapon, serious or permanent bodily injury, or crimes against youth or the elderly. These enhancements generally increase the sentencing penalties.

Appeals

After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to reverse the lower court's decision. The appellate process is primarily limited to correcting flaws in procedure and not to change a trial courts finding of fact. The appeals process may only begin after the defendant has received the final verdict. The timeline of the appeals process varies by state, and time limits do exist. In death penalty cases, the appeals process is automatic.

Considerations in all criminal cases

Most cases end in a plea-bargain. Plea-bargaining can be an excellent way to avoid a potentially harsh sentence. Additionally, a plea bargain brings some certainty in the outcome and usually resolves all issues of a case.

The charges filed against the defendant at arraignment may be different from those originally filed by the arresting police officers.

The client must communicate regularly with his attorney about the details of the case. The client must make sure he understands what the attorney is doing, and why he is doing it, before it is done. The client can't wait until after the attorney presents the defense to inquire as to the course of action.

A good defense lawyer may suggest hiring an investigator to find witnesses, photograph the crime scene, and help prepare the case for trial.

In every case, the prosecutor has the burden of proof. The defendant is innocent until proven guilty. During the trial, the prosecutor must present a case that convinces the judge or jury beyond a reasonable doubt that the defendant is guilty.

The appeals process works differently in every state. In most states, however, an appeal goes from the trial court to the state court of appeals to the state supreme court.

Understanding Bail

Bail is a method to get the defendant released during the trial proceedings. Bail is an amount of money used by the court to ensure the defendant comes back to court when required to do so. There are typically two factors the judge considers before setting bail.

Any bail argument by the defense attorney must address both parts:

• Is the defendant a danger to the community?
• What is the likelihood the defendant will flee?

Bail release options include:

• Cash Bail. The defendant is responsible for paying the entire amount of bail to be released. The defendant will receive his bail back at the completion of all court appearances.
• Release On Own Recognizance. If the judge is convinced the defendant is not a risk, he may release the defendant on his own recognizance.
• Surety Bond. The bail agent guarantees to the court that they are responsible for the bond if the defendant fails to appear.
• Property Bond. The court records a lien on the property of the defendant to secure the bail amount.

What if I don't like my public defender?

A request for a new public defender is rarely granted. The defendant's rights are limited to the appointment of an attorney and not to the attorney of their choice. The defendant must prove to the court that representation is sub-standard, even incompetent. That may be done through claiming personality conflicts, or differences in communication, ethics, strategy, or through a potential bias.

What if I think the judge or prosecutor is biased?

The defense attorney may ask the judge to recuse himself (withdraw from the case) or he may file a motion with the court. In some states it is the automatic right of the defendant to recuse a judge on the basis the defendant believes the judge to be biased.

Legal Terms & Meanings

Not Guilty Plea
A plea by the defendant claiming innocence.

Guilty Plea
A plea by the defendant admitting guilt.

Nolo Contendre
By issuing a plea of nolo contendere, or "no contest", the defendant accepts the punishment without formally admitting that he was guilty. By doing this, he avoids the consequences of a guilty plea with regard to potential liability to other people for civil (money) damages.

Arraignment
An arraignment is the process by which the defendant is read his rights and the list of charges against him is explained.

Felony
A felony crime is punishable by one year or more in state prison. Sample felony crimes include murder, rape, or armed robbery.

Misdemeanor
A misdemeanor crime is punishable by up to one year in county jail. Sample misdemeanor crimes include drunk driving, disorderly conduct and shoplifting.

Preliminary Hearing
This only occurs when the defendant's plea is "not guilty" in a felony charge. A preliminary hearing is shorter than a trial but operates similarly. It is conducted in front of a judge without a jury present. The primary goal of a preliminary hearing is to identify which charges are fit for trial and which are not.

Municipal Court Trial
A trial in lower court for a misdemeanor.

Sentencing
Once the defendant has plead guilty or received a guilty verdict by way of trial, he will be sentenced.

Higher Court Arraignment
Once a defendant has completed the initial arraignment and preliminary hearing in a felony case, the defendant is arraigned in Superior Court. The defendant presents a plea of guilty, not guilty or no contest.

Appeals
After a defendant has been found guilty by way of trial, the defense attorney may request a higher court to reverse the lower court's decision.

Pre-Trial Conference / Plea Bargaining
The pre-trial conference is a formal setting where plea-bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the same charge may be agreed upon.

Trial
The process by which a defendant is tried on charges and considered guilty or not guilty. Defendants charged with serious misdemeanors and felonies may be entitled to jury trials. Minor misdemeanor charges may be entitled to trial by judge. The rules differ state-by-state.

Bail
An insurance policy to ensure the defendant appears at his next scheduled court date. It is cash or a cash equivalent. An attorney may bring a motion to reduce bail at any appearance before the court. Bail can be received by cash, check, property, or a bond, which is a guaranteed payment of the full amount of bail. Bail is sometimes waived if the court feels the defendant is a good risk, and therefore is released on his own recognizance.

Voir Dire
The process of selecting a jury through questioning by attorneys. This is the time when the attorneys may set the tone of the trial. Many cases have been won or lost in voir dire.

"Anyone accused of a crime has the right to an attorney, whether the attorney is an appointed public defender or you hire an aggressive and experienced attorney like Christopher J. Angles to represent you. It's your choice."