Best Criminal Defense Attorneys in Topeka

FAQs

• What is the non-emergency contact number for the local police station in Topeka, Kansas?

  The non-emergency contact number for the Topeka Police Department is 785-368-9551.

• Where can I get a copy of police reports for incidents related to my case in Topeka, Kansas?

  You can get a copy of police reports for incidents related to your case from the Records Room of the Topeka Police Department located at 320 S Kansas Ave, Topeka, KS 66603.

• What are common strategies used to settle a Topeka criminal case before trial?

  In Topeka, common strategies for pretrial dismissal or settling of a criminal case include questioning the validity of evidence gathered by the police and negotiating plea bargains. For the former, attorneys can dismiss evidence against you if it can be found that the evidence was gathered using methods contradicting your constitutional or statutory rights. For the latter, legal counsel can work with prosecutors to get you a mitigated sentence compared to the consequences of a conviction.

• What rights do you have when dealing with police officers in and around Topeka?

  Generally, you have the right to remain silent and the right to legal counsel when you are confronted by police officers in Topeka, even if those officers don't read you your rights. Legal counsel usually advises you to only answer basic questions law enforcement pose, such as what your name is and an explanation as to why you are in a public space. Beyond that, attorneys would advise you to retain legal counsel before answering further questioning, to avoid making statements that are detrimental to your case.

• In and around the Topeka area, do all previous DUI convictions elevate the severity level of new DUI charges?

  Topeka follows Kansas state law, stating as a general rule that the severity level of a DUI charge is categorized by how many previous DUI convictions the defendant has under state law or comparable city ordinances. An exception lies in when the city ordinance is found to be not comparable to state law, such as if the city declares that operating a bicycle while under the influence of alcohol is enough for a DUI charge.

• What rights do you lose if you are convicted of a felony in Topeka?

  Topeka citizens convicted of felonies temporarily lose some civil rights, such as the right to vote, run for office, and serve on a jury. These rights are generally regained after a certain period or after you reregister after serving your sentence and paying any related fines. You can also permanently lose your right to own firearms if you carried a firearm when you were found committing a crime.

• What kind of evidence is important for a criminal case in Topeka?

  In Topeka, criminal cases are generally decided by relevant evidence pointing towards the guilt of the defendant beyond a reasonable doubt. If the evidence is not relevant or sufficient to prove guilt beyond a reasonable doubt, such as testimony that doesn't support the charge against the defendant, then the courts may rule in the defendant's favor.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.