There are a number of common myths that can seriously impact a Kansas criminal case when those subject to a criminal investigation or formal criminal charges assume these misconceptions are accurate. Because Kansas criminal defense attorney Stacey Schlimmer has represented hundreds of criminal defendants in the state and federal courts of Kansas, she recognizes the importance of understanding one’s rights undistorted by myths and misconceptions. We have addressed a number of common myths below but also encourage you to review part-two of this blog post.
The criminal system does not incarcerate those who are innocent.
While there is no question that innocent people can be prosecuted and convicted, we are only now starting to understand how prevalent wrongful convictions are as an increasing number of people are being released based on new DNA technology. The quality of your defense is largely based on the caliber of criminal defense attorney who represents your interest. When you retain a Kansas criminal defense attorney at our law firm, you can expect us to carefully investigate the facts and evidence, conduct diligent legal research, file appropriate motions, aggressively negotiate with the prosecutor and persuasively advocate for our clients. There are many appeals filed each year based on “ineffective assistance of counsel,” but a criminal defendant is much more likely to prevail at the trial court level than in an appellate court.
My case will result in an acquittal because the police conducted an unlawful search and seizure that violated the Fourth Amendment.
While it is possible that your case can be dismissed for this reason, it depends on a number of factors. Although evidence obtained in violation of the prohibition against unreasonable search and seizure may be excluded from a criminal case, there are exceptions to this rule. If the prosecutor can show that the police acted in good faith and would have inevitably discovered the evidence through other means, the prosecution may be allowed to present the evidence. Even if the illegally obtained evidence is excluded, this does not necessarily mean that the charges will be dropped. The issue will be whether the prosecution has sufficient evidence to proceed without the evidence that has been suppressed.
A public defender can accomplish the same result as a private criminal defense attorney.
While this is not a complete myth, it oversimplifies the issue of whether to retain a private attorney. Most public defenders are knowledgeable and skilled criminal defense attorneys, but they are saddled with a number of disadvantages that limit their options in presenting a defense. They typically have enormous caseloads and limited financial resources to devote to any individual case. This means that some types of expensive forensic testing and other investigative techniques may be unrealistic if you are represented by a public defender. Private criminal defense attorneys have more extensive resources and time to devote to building a compelling criminal defense strategy.
Kansas DUI defense attorney Stacey Schlimmer diligently defends the Constitutional rights, freedom and driving privileges of her clients. While we have tried to dispel some of the common misconceptions about criminal cases, the best way to obtain more specific information is to schedule a free consultation with Kansas criminal defense attorney Stacey Schlimmer. We also invite you to review part-two of this blog post. Our Kansas criminal defense law firm offers a confidential free consultation so call us today at 913-219-5424 or contact us online.