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Before an Appeal Becomes Necessary- Finding the Right Trial Lawyer:

Most of my blog posts explain aspects of the appellate and post-conviction process.  Recently, I provided perspective about how one should evaluate potential appellate and post-conviction attorneys when looking to hire one for a family member or friend.  But perhaps that puts the cart before the proverbial horse.  What should one seek when hiring a trial attorney?

Of course, experience and results matter.  Criminal litigation is an adversarial process, so just as in athletics, past performance can be a valuable factor in assessing whether a prospective lawyer can help achieve a desired future result.  But unlike sports, which are won in large measure due to force and strength, lawsuits are won solely through application of intellectual skill and tactical nous.  So, how does one go about choosing the best trial attorney?  The myriad of factors to consider could actually take up several chapters of a book.  But two things to ask when interviewing a lawyer to handle a criminal case may help ferret out those who litigate from those who may be doing "business by volume":  First, ask the lawyer to show you 3-4 recently-filed "suppression motions" (which are written memos to a trial court asking for a specific ruling that part or all of a prosecutor's case evidence be deemed inadmissible in an upcoming trial).  If the motions are less than 4 pages in length and do not cite to several published cases of other similarly situated accused citizens in that jurisdiction (i.e., "State of Kansas v. John Doe, 123 Kan. 123 (1900)"), then this is a bad sign.  It signifies that the lawyer conducts little to no legal research before filing motions.  Secondly, ask the lawyer for his or her views about objections during a jury trial.  If the lawyer responds that he or she doesn't like making objections because "it'll make the jurors mad," then this also is a bad sign.  It signifies that perhaps this lawyer doesn't research and prepare for legal challenges prior to trial, and is willing to let potential legal errors by the prosecutor or the judge pass without challenge.  As mentioned in earlier blog posts, errors during trial which are not objected to, usually cannot later be appealed.  In other words, winning arguments for reversal of convictions can be abandoned by the trial lawyer who is unprepared.

If you have a family member or friend fighting the battle against a wrongful conviction, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

Missouri Senate leaders have approved a workplace policy book that includes steps for dealing with allegations of harassment. 

Missouri Senate adopts new workplace policy manual.

Read more here: http://www.kansascity.com/news/government-politics/article23017377.html#storylink=cpy

The Appeal and Post-Conviction Process. Finding a Lawyer:

An incalculable amount of stress and anxiety unfortunately befalls those whose family member, friend or loved one has been wrongfully convicted of a crime, or sentenced excessively.  The worst feeling of all is having to watch the world move on while the injustice just witnessed becomes yesterday's news.  "It's not supposed to happen here, in this country!"  (Sadly, it does every day.)  "Life just seems to move on for everyone else!  No one's listening!"  (No one believes this really happens, until it happens to their friends or family.)

Relief from the stress and anxiety can begin to take place once an experienced appellate/post-conviction attorney is retained.  On my YouTube page I've recorded several short videos to assist you in selecting the right attorney for your case.  Above all, you must "get in front of" at least 2-3 attorneys, so that there is a basis for comparison.  And keep the following in mind:  (1) An attorney who doesn't make time for you now, won't make time for you later. (2) When it comes to appeals and post-conviction litigation, "cheaper" is never ever a good thing.  These cases grind out for at least 1-3 years.  The small fee paid to an inexpensive lawyer will run out quickly, leaving him or her unmotivated to continue with the fighting spirit which is essential if a win is going to be procured.  (3) A lawyer who can explain the appellate/post-conviction process to you in easily-understood terms - rather than regale you with "war stories" - is your best bet.  If a lawyer can discuss these complex legal proceedings in plain terms, then that lawyer most likely has a mastery of this area of law.

No lawyer can guarantee that the injustice can be remedied.  Why?  Because every appeal and post-conviction motion is staunchly opposed by the government, and oftentimes the judiciary.  While some prosecutors will work with a defense attorney who brings them proof of an injustice, most will not.  But the right lawyer can give you and your family member or friend the best chance for success.

If you have a friend or family member fighting the battle for post-conviction relief, or if you are a lawyer trying to surmount the hurdle in the way of receiving a COA, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.