In Matters Of: Criminal Law

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.

Criminal Defense

Never 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, but the conviction was based on a 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. Furthermore, we are not afraid to take the fight to the courtroom.

Drinking and driving

Driving Under the Influence (DUI)

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.

papers marked as expunged

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.

In Matters Of: Family Law

We understand your family is the most important thing in your life. Your children, your home and your future deserve the help of people who are focused on getting what is best for you and your family. We understand family law and are dedicated to get the best results for our clients.

Problems with Family Law Matters

One of the most common problems is that there are extreme emotions that may interfere with an easy resolution of the myriad of issues arising out of a family dispute. It is important to do whatever is necessary to focus on the issues rather than reacting out of anger or frustration. Many family law matters are resolved through a negotiated settlement, and our attorneys work hard for our clients to forge the right plan through the least-stressful path. However, we are prepared to go to court if this is the best way to get the right results for our clients.

Approaching the Case with a Wide-Range of Skills

There are many different aspects of family law matters, which means that an attorney must have the knowledge and flexibility to handle everything that arises. In a divorce case, this may require an attorney to understand tax law, estate planning, and business valuation. In other cases, an attorney may need to understand the benefits of alternative dispute resolution and determine when they can make the resolution of a matter easier than traditional courtroom procedures. At Mason & Clark Law, our attorneys have experience in many different types of family law cases, and we have developed the skills and sophistication to obtain the best possible results for our clients.

Kansas Family Law Attorneys Work Hard to Get the Right Results for Their Clients

There are many different types of family law matters, but most of them involve highly stressful circumstances and issues that must be handled with sensitivity and compassion. The family law attorneys at Mason & Clark Law have the skill and experience to craft the most effective strategy and get the right results for our clients.

To schedule an initial consultation and learn about how our attorneys can help you, call our office at (620) 224-2200.

Boy smiling about adoption

ADOPTION

Adopting a child is a wonderful time for the parents and child, but it is important that the matter is handled properly in order to minimize the stress and ensure that everything is done properly. There are a number of critical legal issues that must be handled sensitively during an adoption, which involves the creation of new legal relationships.

Parent holding child

CHILD CUSTODY / PATERNITY TIME

One of the most difficult matters to resolve for many parents is how to determine what time each parent spends with the child(ren) and who has the right to make legal decisions on their behalf. Legal custody often is shared between both parents, who have to reach a consensus on important decisions. There are a number of different residential custody arrangements that can be put in place, including:

  • Shared residential custody – In this arrangement, the child spends equal time (or as close as is practical) with each parent;
  • Primary residential custody – In this arrangement, the child will live with one parent most of the time and the other parent will have scheduled visitation, referred to as parenting time; and
  • Divided residential custody – Although this is unusual, there are times when children will live with different parents and the parent who does not have custody will have visitation with the child.

It is critical to focus on the best interest of the child and how each parent can share in providing that;

Parent holding child's hand

CHILD SUPPORT

Although there are established guidelines, specifically set forth in the Kansas Child Support Guidelines, to determine the amount of support that will be paid for a child, a skilled family law attorney can work with a parent to create a support plan that works for the parties and satisfies the court. Both parents are obligated to contribute to the care of the children, but financial support is based on factors such as gross income, other financial resources, and the needs of the child. There are also situations where circumstances have changed to the extent that a modification of a support order is necessary. Our attorneys can handle child support matters from the establishment of the order to a modification;

Parent holding child's hand

DIVORCE, INCLUDING PROPERTY DIVISION AND SPOUSAL SUPPORT

There are many different matters that must be resolved during a divorce proceeding, including the way in which property is going to be distributed and whether one spouse will receive support, also referred to as alimony or maintenance. If the couple has children, then there are child custody/parenting time and support matters to be decided;

Parent holding child's hand

GRANDPARENT VISITATION

A grandparent has certain rights and there are options that may be pursued to maintain a loving and positive relationship with their grandchildren.