Mc Cracken Criminal Lawyer, Kansas


John J. Stang

Real Estate, Government, Estate, DUI-DWI
Status:  Deceased           Licensed:  68 Years

Kip D. Johnson

Divorce & Family Law, Criminal
Status:  In Good Standing           

Christopher W. Sook

Civil Rights, Personal Injury, Transactions, Real Estate
Status:  In Good Standing           

Martha A. Peterson

Banking & Finance, Employment, Federal Appellate Practice, Real Estate
Status:  In Good Standing           

J. Randall Clinkscales

Estate, Elder Law, Civil & Human Rights, Estate Planning
Status:  In Good Standing           

Jennifer Denise Walters

Elder Law, Estate Planning, Trusts
Status:  In Good Standing           Licensed:  15 Years

Carol Park

Estate, Divorce & Family Law, Criminal, Bankruptcy & Debt, Child Custody
Status:  In Good Standing           

Gregory Allen Schwartz

Estate Planning, Family Law, Elder Law, Corporate, Mass Torts
Status:  In Good Standing           

Carol Marie Park

Estate, Divorce & Family Law, Criminal, Bankruptcy & Debt, Civil & Human Rights
Status:  In Good Standing           Licensed:  18 Years

Derek L. Brown

General Practice
Status:  In Good Standing           

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LEGAL TERMS

BEYOND A REASONABLE DOUBT

The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced '... (more...)
The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced 'to a moral certainty.' The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

EAVESDROPPING

Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or bi... (more...)
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.

HOT PURSUIT

An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and a... (more...)
An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence.

INFORMATION

The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or ... (more...)
The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)
The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

ACQUITTAL

A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusio... (more...)
A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusion that the prosecution has not proved its case beyond a reasonable doubt.

SAMPLE LEGAL CASES

In re LM

... provides in pertinent part: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. . . . ". LM further relies ...

State v. Trautloff

... As a general rule, criminal statutes must be strictly construed in favor of the accused. ... IV. Did Trautloff's Sentence Violate Apprendi v. New Jersey Because It was Based On A Prior Criminal History That Was Not Proven To A Jury Beyond A Reasonable Doubt? ...

State v. Gant

... The Fifth Amendment to the United States Constitution provides defendants in criminal prosecutions with protection from self-incrimination, protection that includes the right to have an attorney present during custodial interrogation and the right to remain silent pursuant to ...