Overland Park Criminal Defense Lawyer

At Garretson & Toth, LLC, our law firm stands on the solid ground of over 60 years of collective legal experience. Our Overland Park defense attorneys harness a deep legal acumen and prior experience as prosecutors to craft aggressive defense strategies bespoke to each client’s situation. 

The reality is, even the innocent or wrongfully accused can find themselves ensnared by the legal system, and we recognize the immense pressure and uncertainty inherent to facing criminal charges. That is why we thoroughly evaluate your case and propose a clear, strategic approach for moving forward—answering your questions throughout for your peace of mind. 

Choosing us means securing an ally committed to navigating every legal hurdle alongside you, ensuring your rights are vigorously defended.

Our firm can provide aggressive legal guidance for cases concerning:

• Drug crimes
• DUI charges
• Domestic violence
• Sex crimes
• Violent crimes
• Theft charges
• Juvenile crimes
• Federal charges

Our trial-tested legal team is standing by. Call us at (913) 971-0296 to schedule a free consultation with our Overland Park criminal defense lawyer.

Understanding Criminal Charge Classifications in Kansas

Kansas law classifies criminal offenses into three primary categories: infractions, misdemeanors, and felonies. The severity of the charge dictates the potential penalties and the long-term impact on your life. An Overland Park criminal defense lawyer from Garretson & Toth, LLC will explain the specific classification of your charge.

Infractions:

Infractions are the least severe type of offense. They are considered "civil public offenses" and are not crimes.

• Penalties: Punishable only by a fixed fine (not exceeding $300), and no jail time may be imposed. You cannot be arrested for an infraction, only issued a citation.

Misdemeanors:

Misdemeanors are criminal offenses, more serious than infractions but less severe than felonies. They carry the potential for jail time (in a county or local facility) and significant fines. Kansas broadly categorizes misdemeanors into three classes.

• Class A Misdemeanors (K.S.A. § 21-6602(a)(1)): These are the most serious type of misdemeanor in Kansas, just below felony level.
  • Maximum Penalties: Up to one (1) year in county jail and/or a fine of up to $2,500.
• Class B Misdemeanors (K.S.A. § 21-6602(a)(2)): These offenses are less severe than Class A but still carry significant penalties.
  • Maximum Penalties: Up to six (6) months in jail and/or a fine of up to $1,000.
• Class C Misdemeanors (K.S.A. § 21-6602(a)(3)): These are generally considered the least serious type of criminal offense in Kansas.
  • Maximum Penalties: Up to one (1) month in jail and/or a fine of up to $500.

Felonies:

Felonies are the most serious crimes in Kansas, punishable by imprisonment in a state prison, and can include the death penalty for Capital Murder. Kansas law classifies felonies into different "severity levels" (Nonperson Felonies and Person Felonies) rather than A/B/C classes. 

The severity level, combined with your criminal history, determines the presumptive sentencing range on the Kansas Sentencing Guidelines Grid.

• Nonperson Felonies: These are crimes that typically do not involve direct physical harm to a person.
  • Penalties: Range from 10 months (for a lowest-level felony, no criminal history) up to many years in state prison.
• Person Felonies: These are crimes that involve or threaten direct physical harm to a person.
  • Penalties: Range from 14 months (for a lowest-level person felony, no criminal history) to decades or life imprisonment, or even the death penalty (for Capital Murder).
• Mandatory Minimum Sentences: Some serious felonies, particularly drug trafficking and certain violent crimes, carry specific mandatory minimum prison sentences that judges must impose.

The specific nuances of each felony charge, including aggravating factors, the use of a weapon, serious injury to a victim, or prior criminal history, can significantly impact the severity level and potential sentence. Navigating these distinctions requires the focused attention of a seasoned criminal defense attorney in Overland Park.

Fighting Criminal Charges in Overland Park

In Overland Park, facing criminal charges can be overwhelming, given the unique legal landscape of Johnson County. Our familiarity with local laws and court procedures enables us to anticipate the strategies prosecutors may employ, allowing us to prepare a strong defense. 

Our advocacy extends beyond just the courtroom; we work diligently to research and investigate every angle of your case. Whether through negotiating plea deals or seeking case dismissals, we evaluate all possible avenues to ensure your best chances.

Proactive defense is key in criminal cases. We involve you in each step of the process, explaining the implications of various legal options available to you. Our commitment is to empower you through knowledge and strategic foresight, facilitating informed decision-making.

How a Criminal Defense Attorney in Overland Park Can Help

Having a skilled criminal defense attorney by your side can be indispensable when navigating the complexities of criminal charges. Our lawyers can provide a meticulous review of the charges and evidence against you, seeking any inconsistencies or breaches in your rights that could lead to a dismissal or reduction of charges.

By leveraging our negotiation skills, we aim to secure favorable plea bargains or even get the charges dropped. In scenarios where going to court is inevitable, we have extensive trial experience to provide you with strong representation aimed at achieving the best possible outcome. Our role extends beyond the courtroom, offering guidance and support through every step of this challenging process.

Free Initial Criminal Defense Consultation in Overland Park

At Garretson & Toth, LLC, we use our extensive experience to provide dedicated legal guidance for those facing criminal charges. As former district attorneys, our team is prepared to handle even the most complicated cases—and we will tailor your defense strategy based on the unique concerns of your case. 

From initial case analysis to negotiations, court representation, and post-trial advocacy, our firm can be by your side to protect your rights. We believe in transparent communication and client education, ensuring you're never left in the dark regarding your case's progression or expectations.

Call our firm today at (913) 971-0296 or reach out online to schedule a consultation.

Frequently Asked Questions

What should I do if I'm arrested in Overland Park?

If you're arrested in Overland Park, it’s critical to stay calm and avoid speaking to law enforcement without legal representation. Politely invoke your right to remain silent and request to speak with a criminal defense lawyer immediately. Getting in touch with Garretson & Toth, LLC early allows our attorneys to begin protecting your rights and crafting a defense strategy from the outset, which can significantly influence the outcome of your case.

Do I have to attend all court hearings?

Yes, court appearances are generally mandatory unless specifically excused by the court. Failing to appear can result in serious consequences, including arrest warrants or additional charges. Our attorneys at Garretson & Toth, LLC ensure clients are well-informed about every scheduled hearing, and we help prepare you for each step so you feel confident and supported throughout the process.

Can criminal charges be expunged in Kansas?

Yes, many criminal charges in Kansas may be eligible for expungement after a designated waiting period and under specific conditions. Whether or not you're eligible depends on your charges, criminal record, and time since completion of your sentence. Our attorneys at Garretson & Toth, LLC can review your situation and guide you through the expungement process.

What happens at the first court appearance?

Your first appearance, or arraignment, involves the formal reading of charges and an opportunity to enter a plea. The judge may also address bail or bond at this time. Having legal representation from the start ensures that your rights are protected and that you begin your case with a strong legal foundation.

Will a criminal conviction stay on my record permanently?

Unless the charge is dismissed or expunged, a criminal conviction may remain on your record indefinitely. This can impact employment, housing, and more. However, our firm can advise on long-term options like expungement or record sealing where applicable and fight to prevent convictions in the first place.

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