How Long After an Alleged Offense Can The State File Criminal Charges?

Times up

What is a Statute of Limitations?

A Statute of Limitations is a law that limits how long the State has to file a criminal charge. The time period that the Statute runs is usually measured from the day of the commission of the alleged offense to the day criminal charges were filed. In the event that the State fails to charge the crime within the time given by the Statute of Limitations, the State will be forced to dismiss the case. Continue reading

Who Can Dismiss A Criminal Case?

Whether a defendant is guilty or innocent of a criminal charge, it goes without saying that every defendant wants the criminal charge dismissed.  So how do you go about getting a criminal charge dismissed?  Well the strategy for getting a criminal charge dismissed will vary depending on the type of case and the circumstances surrounding the case.  But the process of getting the case dismissed can be done in one of three ways. Continue reading

Never speak to the police!

I’ve graduated from just regular blogging to full blown video blogging!  From time to time when I get a chance I’ll try to do more of these legal video blogs.  Check in this week as I answer questions related to speaking to the police when you’ve been accused of a crime, a suspect in a crime, or even a person of interest in a crime.  Spoiler alert. . . my answer is, you really should never speak to the police if you are being accused of a crime, especially without a lawyer present.  Watch the video though because I go through all the reasons why you should  never speak to the police, and how it could really hurt someone’s case who has been accused of a crime.

Do juries get it wrong?

I am often surprised at how passionate people get about how wrong a jury verdict is when they know very little about the case. We often see great passion from the general public in verdicts like the infamous criminal trials like the O.J. Simpson trial. People will talk for hours about how wrong the jury verdict was, but ultimately tell you very little about the details of the case.

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Mother of missing Kansas City baby failed polygraph. Did she lie?

 

It appears from the headlines today that Deborah Bradley, the mother of the missing 10 month old girl that disappeared from her crib in Kansas City, has failed a polygraph that was administered by the Kansas City Police.

For those of you who are unfamiliar with what a polygraph is, a polygraph is a test given to an individual while asking them a series of questions. During the test the physiological reactions to the asked questions are measured, and a “trained professional” determines by the results whether the individual is being truthful or not. Typically the examiner will be able to conclude whether the individual is being deceptive, truthful, or the test will be inconclusive. In other words, a polygraph is what is known as a “lie detector test.” Continue reading

Top five rules to abide by if you have been accused of a crime.

Although I believe the system can be unfair, defendant’s do not do themselves any favors in ensuring themselves a fair shake. One thing is for sure, a defendant without guidance, whether guilty or innocent, can really make a mess of his case. And if you are a defendant accused of domestic violence, or any other crime, I hope this advise will keep you from digging yourself a deeper hole. Continue reading

I’m being investigated for criminal charges, should I speak to the police?

police interrogation

*Update:  I’ve done a video blog on this topic.  Watch it here.  http://craigatkinsonlaw.com/uncategorized/neverspeaktopolice/ *

For those of my clients who are prudent enough to hire a criminal defense attorney after they have been accused of a crime, but before they are formally charged with a crime, one of the first questions they have for me is, “should I speak to the detective?” Continue reading

What is a withheld judgment? If I am offered one, should I plead?

As a criminal defense lawyer, I often get asked questions about withheld judgments. Often my client’s primary concern is keeping his or her record clean. Having a criminal record can make it difficult to get a job, get financial aid for college, be accepted into some colleges, etc. The hope is that the case can be resolved in such a way that your record will allow you to have a full and successful future. Can a withheld judgment help you with that? Continue reading