If you or a loved one is charged or being investigated with a crime, the most important thing to do is find a skilled attorney. The police are trying to make a case. That usually means if they are looking at you they are trying to figure out a way to convict you, not figure out the truth. You need someone who is trained and experienced working for you.
The worst thing you can do is talk to the police without an attorney. The police are trained to make you confess to things, even if you did not do them. An astonishing 1 in 4 people who have been exonerated after DNA proved they were not guilty false confession. Studies also show that people who confess (or “give their side of the story” as the police like to say you are doing) receive far harsher sentences and are more likely to go to prison than those who do not speak with the police. You have a constitutional right to remain silent. Use it!
We will immediately investigate your case. If there is evidence to help you we will help you find and preserve it.
We take criminal defense seriously. We know that there are thousands of people in prison right now who are innocent. We also know that a person’s life should not be ruined for one mistake. You have family and loved ones who depend on you. You have plans for your future. We want to make sure you get the best possible result so you and your family can enjoy life.
It is our job to make sure you understand what is happening and what your rights are. It is our job to make sure your rights aren’t violated.
Strong Defense Strategies
Many times the case against you is not as strong as the police, or even you, think. The police often do not do a very good investigation. The police make mistakes in the collection of evidence.
You have a constitutional right to be free of unreasonable searches and seizures. That means the police have to have a good reason to stop you or keep you from going where you want. The police have to have a very good reason to search you, your car, or your house. A trained, experienced criminal defense attorney will to take a hard look at the evidence and find everything to give you a good defense.
In addition, a criminal defense attorney must have the skill and knowledge to go toe-to-toe with the prosecuting attorney. Many times, a prosecutor will attempt to bully a defendant into accepting a plea deal that is not in the person’s best interests. It is crucial to hire an attorney who knows as much or more about a case and the law as the prosecuting attorney.
Many criminal cases are resolved before they go to trial through negotiated plea agreements. There are criminal defense attorneys who rely on this system and do not want to go to trial, so they do not fight as hard as they could on behalf of their clients. It is crucial to hire an attorney who is prepared to go to trial and aggressively advocate for his client. We will thoroughly look at all the evidence, get any more evidence we need, and make sure you have the best defense possible. We will give you the information you need to make the most informed choice possible. We are not afraid to take the fight to the courtroom.
If you have been arrested for a DUI it is important to you act immediately. In both Kansas and Missouri there are two ways to lose your license and have restrictions put on it after the suspension.
- Administrative license forfeiture: Both states say that as a condition of your drivers’ license you are not allowed to drive with a BAC of .08 and if the officer has a good enough reason, you have to submit to a breath test/blood test/ and or urine analysis. If you have been arrested for a DUI it is almost certain that the drivers’ license agency will suspend your license unless you properly request an administrative hearing. This has to be done very quickly or you will never have a chance to have a hearing. This is true even if you are never found guilty of the DUI. In Kansas you have 14 days to request a hearing and in Missouri 15 days. In each state the request must be done correctly or you will never have a hearing.
- Criminal Conviction: Separate from the administrative forfeiture, if you are convicted in either state of a DUI your license will be suspended as well. There are not two suspensions, meaning that if you are suspended for both things you will only have to serve one period or suspension.
It is important to speak with an attorney as soon as possible after you are arrested for a DUI. We will make sure that your request for a hearing is properly filed. We will also represent you at the administrative and criminal hearings.
DUI defense is a specialized area of the law. Geoffrey Clark has taken field sobriety test training courses to understand what the officer did incorrectly and how to defend against DUI charges. He has also done training about the breath testing machines. The breathalyzer is a machine. Machines make mistakes. If you are arrested for a DUI we will do everything possible to get you the best result and let you get on with your life.
Expunging a Record
In both Kansas and Missouri some criminal convictions can be expunged, which that you would no longer have a conviction for most purposes. Kansas allows more expungements in more circumstances. It is often worthwhile to check with an attorney whether you are eligible for an expungement. At Mason & Clark Law, we will give you a clear explanation of how this works and whether it is possible for you to obtain an expungement.
To schedule a consultation and learn about how our attorneys can help you, call our office at (620) 224-2200.