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Recent Posts in Criminal Defense Category

  • What Happens at Arraignment?

    Following an arrest or criminal citation, an arraignment is a court proceeding where a defendant is formally advised of the charges against him/her and is asked to enter a plea to the charges (e.g. not guilty, guilty, or no contest). Additionally, courts must advise defendants of certain constitutional rights at arraignment, including the right to legal counsel, the right to trial, and the right ...
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  • What is an Expert Witness?

    In many criminal cases, securing the services of “expert witnesses” to examine evidence, to advise counsel, and to testify at trial is important. An expert can be anyone with extensive knowledge or experience in a unique discipline beyond that of the average layperson. So if scientific, technical, or other specialized knowledge is decided to be required to help better understand the evidence or to ...
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  • How Social Media Can Affect Your Criminal Case

    For the last decade, the advancements in technology have changed how we connect with one another. Social media platforms such as Facebook, Instagram, Twitter, and Snapchat have transformed how we share our lives with others. Although these sites are great for connecting with friends and family or for networking opportunities, information a person posts can be used as evidence in criminal ...
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  • Differences Between State & Federal Charges

    There are two types of courts in the United States—state courts and federal courts. Although the U.S. Constitution allows states the power to govern themselves, but when the entire country’s welfare is concerned, federal law overtakes state law—under the “Supremacy Clause” of the U.S. Constitution. The following are the key differences between state and federal charges: Establishment – While state ...
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  • Should I Hire a Criminal Defense Attorney for a Misdemeanor?

    If you’re facing a misdemeanor charge, you’re most likely wondering if it would be in your best interest to hire a criminal defense attorney to represent you or not. Unfortunately, many people make the mistake of handling misdemeanor offenses without hiring an experienced lawyer to be on their side, rather using the service of a public defender or, at worst, represent themselves in the courtroom. ...
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  • Benefits of Hiring a Former Prosecutor

    When determining a legal representative after getting arrested for or charged with a criminal offense, you may be wondering what credentials you should look for. While you should obtain counsel from a lawyer who has an exceptional track record of success in defending criminal cases, keep in mind the benefits of also having someone with prosecution experience. A prosecutor is an attorney who ...
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  • Defenses for DUI

    There are a number of DUI defenses that an experienced criminal defense attorney can raise to help you get the best possible outcome in your DUI case. However, not all will apply. With more than 30 years of combined legal experience practicing in both Kansas and Missouri, our Kansas City criminal defense attorneys at Rokusek Stein Law, LLC can evaluate your case and determine all of your legal ...
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  • Your Rights during a Traffic Stop

    There are many reasons why a law enforcement officer may pull you over. Drivers get pulled over when an officer believes that he or she has committed some traffic violation, such as speeding or changing lanes without using the turn signal. Whatever the reason may be, drivers have certain rights when they are pulled over. All drivers need to be familiar with their statutory and constitutional ...
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  • Prescription Drug Crimes: What You Need to Know

    Prescription drugs are not legal for everyone. If you are not prescribed a medication by a doctor, you can go to jail, pay fines, and be convicted of various crimes associated prescription medication. Both Kansas and Missouri have laws related to the unlawful use of prescription drugs. Furthermore, the states have implemented laws regarding the regulation of prescribed medication and exactly who ...
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  • When Juveniles Are Tried in Adult Court

    There are some cases involving juvenile offenders that are serious enough to be transferred to adult criminal court. In most states, a youth offender must be at least 17 years of age to be tried as an adult. There are a number of states in which minors as young as 13 years old. A few states, such as Kansas, Arkansas, and Washington, allow any minor who has committed a serious crime like murder to ...
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  • Can I Be Accused of Assault If It Was Self-Defense?

    There are many cases where someone who used self-defense ended up being charged with assault. But, fortunately, with the help of an experienced criminal defense attorney, a defendant may be able to get their entire case dismissed. Remember, when self-defense is used as a defense strategy, it also means that the accused is admitting that he or she committed the crime, but has the justification that ...
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  • Should I Submit to a Field Sobriety Test?

    In Missouri, field sobriety tests are a way for police officers to observe the balance, physical ability and attention level of a person whose been pulled over on suspicion of drunk driving. Officers typically record these field sobriety tests as evidence in a DUI case. Unfortunately, many drivers are unaware of their rights and feel pressured to submit to these kinds of tests. If you’re pulled ...
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  • 4 Questions to Ask Your Attorney During Your First Consultation

    If you have been arrested and charged with a crime, you need the services of a good criminal defense lawyer, but how do you find the right one? By asking the right questions . You need someone who has the experience and proven track record to help you with your unique case, whether it’s for driving under the influence, drug possession or assault and battery. Below are a few important questions you ...
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  • Should I Hire an Attorney To Fight My Traffic Ticket?

    When most people receive a ticket for speeding or driving without insurance, they pay it. It’s easier to send in a payment than go to court and fight, however, there may be far-reaching ramifications that you may not be aware of. Consequences such as points on your record and higher insurance rates can result in troubles that won’t go away until years later. This is why you should hire an attorney ...
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  • How Bail Bonds Work

    If you or a loved one has been arrested for a crime, especially a serious offense, you will most likely need to secure a bail bond to be released from custody. Most people are familiar with bail bonds from television shows, movies, and commercials. What is a Bail? Bail means the release of a defendant or arrestee after an arrest and before the end of a criminal case. The defendant or arrestee ...
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  • Penalties for Probation Violation

    Probation is when a defendant stipulates to specific conditions and requirements in order to avoid further jail time. However, being on probation does not mean the defendant was not sentenced to a prison term. Upon being placed on probation, a defendant is sentenced to imprisonment, and then that sentence is suspended, or placed on hold. While the sentence is in suspension, it is the defendant’s ...
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  • What to Wear to Court

    A first impression in court to a judge, the jury, the bailiff, the courtroom staff and even the prosecution is never something to ignore. Since a defendant often never testifies at trial, what one wears and what one carries to court are often scrutinized closely. Furthermore, one’s facial expressions and overall demeanor are also important. Although it may be obvious to some, there are specific ...
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  • Defenses Against Charges of Domestic Violence

    Have you been accused of domestic violence ? In many cases, law abiding citizens face false accusations and find themselves in deep trouble with the law. While you are innocent until proven guilty, even mere allegations can make you appear guilty in the eyes of the media and public. A strong domestic violence defense is imperative in protecting your rights, reputation, and freedom. The following ...
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  • Types of Restraining Orders in Kansas

    A restraining order is a type of court order which requires a person to either do, or not do specific acts. Restraining orders are often issued in cases involving domestic violence , harassment, stalking, and sexual assault. Different types of protective orders can be issued based on the specific circumstances of an individual’s situation. The main types of restraining orders are the following: ...
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  • How to Challenge Restraining Orders

    Restraining orders , also known as protective orders, are commonly issued to help victims of domestic violence , harassment, or crime stay protected against future harm. However, being on the wrong end of a restraining order can be frustrating and damaging to your personal and professional life, especially if you are wrongly accused. Fortunately, there are legal methods to challenge your ...
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  • The Difference Between Misdemeanor & Felony Charges

    All crimes are classified into one of three categories: infractions, misdemeanors, and felonies. Most people have heard these terms before, especially on television when watching the news or their favorite crime drama. While these different terms are fairly well-known, the difference between them isn’t so much. However, this difference could play a huge role in your case, including determining ...
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  • Do I Need a Lawyer at a DMV Hearing?

    If you have been charged with DUI or another traffic offense , chances are that you might have to face not only a court trial, but an administrative or DMV hearing as well. Even if you don’t have a lawyer for your court trial, you will be assigned a public defender to fight your charges and provide you with counsel. Unfortunately, during a DMV hearing, you are on your own, unless you hire a lawyer ...
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  • How to Navigate a DUI Checkpoint

    The main goal of DUI checkpoints, according to the Kansas Department of Transportation (DOT) is to ensure that a driver who is drinking believes that they have a much higher chance of being caught. The checkpoint system essentially tries to intimidate people out of drinking and driving to begin with. Unfortunately, once you are going through a DUI checkpoint, you may find yourself arrested and ...
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  • How to Choose a Criminal Defense Attorney

    When you are arrested and charged with a crime, you are granted several rights by the U.S. Constitution. Perhaps the most important of these rights is the right to representation by an attorney, including having one appointed for you if you can’t afford to pay the fees. As a result, you’ll have your choice from thousands of different lawyers who can represent you. So how do you pick the right one ...
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  • Types of Defense Strategies Used in Murder Cases

    Murder, also known as homicide, is defined as the unlawful killing of another individual. In order to be found guilty of murder, the prosecution must prove that the defendant acted with a required mental state. In first-degree murder, for example, a prosecutor must prove that the defendant premeditated the act and intentionally killed the victim. Many defenses to homicide are formulated around the ...
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