Don't miss The 44th Annual KC St. Patrick's Day Parade!

44th Annual KC St. Patrick's Day Parade

March 17th at 11am!
This year’s theme is Blarney on Broadway and will take place in Midtown from Linwood to 43rd street!

 

The Right to Remain Silent – Part 2 of 2

Did you know that simply remaining silent is not the same as invoking your right to remain silent?  As ludicrous as this sounds, the U.S. Supreme Court a few years back ruled that silence is ambiguous and confusing to law enforcement.  (Maybe they shouldn’t be conducting interrogations and investigations, then?)  So, the only legal way to force police to respect your right to remain silent is for you to state plainly and concisely, “I am invoking my right to remain silent. Please cease all questioning efforts now.”  The case which leads to this paradigm is Berghuis v. Thompkins, 560 U.S. 370 (2010).  Be forewarned, and be vigilant about demanding that the police contact your lawyer, if you have one (or demand that they bring you in front of a judge to appoint you one before speaking at all to these investigators).

If you have a family member or friend who is facing charges, 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.

The Right to Remain Silent – Part 1 of 2

Most every criminal case I evaluate for potential appellate issues involves a defendant making a statement – either an admission, a confession, or a comment that is later manipulated to making the speaker look guilty.  Despite giving warning after warning to clients, they still – in the moment when it counts most – ignore the sage advice of the experienced criminal defense attorney, and instead speak for themselves, thinking they control the narrative.  Well, they do not.  So please, take a moment now to commit to yourself to always first seek the advice of competent criminal defense counsel before even thinking about answering any questions whatsoever posed by law enforcement or a prosecutor.  It can mean the difference between your freedom and suffering the fate of the wrongfully convicted.

If you have a family member or friend who is facing charges, 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.

Valentine's Day is just around the corner!

Kansas City Valentine's Day Restaurant Reservations
Sunday, February 14 is around the corner – we're here to help you plan.
Read on to find restaurants with specials, set-menus and other Valentine's Day treats for the occasion.

Illegal Sentences

If you have a friend or family member who was sentenced for a drug offense in the past several years in the District of Kansas, you may wish to get a professional opinion about the legality of that sentence.  There is an office policy officially declaring that it is the intent of the U.S. Attorney to follow sentencing laws limited by the United States Court of Appeals for the Tenth Circuit, sitting in Denver.  However, there is at least one assistant prosecutor in that office who has been ignoring the policy and has been seeking sentences far and above circuit court law.  It may not be too late for some sentenced drug offenders to obtain judicial relief and sentence reductions.

If you have a family member or friend who is facing charges, 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.

New Year, Same Old Deadlines!

With the passing of time, the calendar flips once again, now into 2016!  Now that the celebrations have died down somewhat, and we are all (or most of us are) back to work, it is a good time to remind inmates and their families that post-conviction time deadlines are continuing to roll past.  Get advice immediately about the specific state or federal time deadlines applicable to your case!  Do not delay!  Cases are dismissed across the country every single day due to procedural default (untimeliness), which means the merits of these cases will never see the inside of a courtroom, and will never be heard.

If you have a family member or friend who is facing charges, 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.

Happy Holidays!

Thank you for reading my blog entries, and perusing my website throughout this fantastic year!  Rather than blog about another legal topic, in this installment, I simply will use this medium to wish all of you a very safe, healthy and Happy Holiday Season!

If you have a family member or friend who is facing charges, 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.

Enjoy One of Kansas City's Favorite Holiday Traditions

Kansas City Southerns Holiday Express Train

Recurring daily, December 16-December 20 - Time: 9 am- 7pm
Region: Crown Center Area
Address: Union Station, Sprint Festival Plaza, 30 W. Pershing Rd., Kansas City, MO 64108

When Two Lawyers are Better Than One.

Earlier this week I was asked to join a defense team defending a young man facing serious prison time for allegedly transporting illegal drugs in a vehicle.  At issue, first and foremost, is the manner in which the police conducted their warrantless search of the vehicle, without getting judicial permission (in the form of a search warrant as required by the Fourth Amendment to the Constitution).  The current lawyers know that the case is going to need to be appealed because the trial judge has decided to excuse the police officers' decision to search the car using a drug-sniffing dog, in a manner which seemingly is in contravention of recent U.S. Supreme Court precedent.  So why bring on board an appellate attorney before an appeal is ripe to proceed?  Because an appellate lawyer can help phrase and preserve the issues at trial properly so that the appeal is framed correctly.  This is money well spent by the client.  A group of well-coordinated defense attorneys, each with different skill sets, increases a defendant's chances against the behemoth power of the state and federal governments.

If you have a family member or friend who is facing charges on the heels of an illegal search by police, 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.

The trial you never got - The post-conviction evidentiary hearing:

In post-conviction litigation, your attorney's goal is to write an opening "motion" which is compelling enough such that the judge cannot summarily deny relief, and instead must hold an evidentiary hearing on the merits of the claims asserted.  In order for a client to have any chance whatsoever at obtaining post-conviction relief, the attorney must be prepared to call witnesses to the stand, and introduce all of the evidence which is alleged in the post-conviction motion to have been overlooked back during the underlying criminal trial court proceedings.  It is not enough to simply inform the judge of what the evidence "would have been" had the underlying proceedings been handled correctly.  Instead, in the evidentiary hearing, the client's post-conviction attorney must "put on the trial the client never got." 

If you have a family member or friend whose lengthy sentence was based at least in part on prior convictions, 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.

The Appellate Oral Argument.

Little is ever written about how an attorney should handle oral arguments in the appellate courts.  And the one and only answer will not be provided here because there is no consensus.  But after arguing appeals for well over twenty years, I can safely opine a few tips:  Presume the judges on the panel have all become quite familiar with the facts of the case, and the issues being raised.  (They have law clerks who distill all of the briefing for them, and send them in with "cheat sheets" and memos.)  Try scrapping the formalities and the introductory remarks.  (These are simply time-wasters.  Remember, you'll be "on the clock" because oral arguments at this level are time-constrained.)  Avoid arguing anything already written in your brief, as this will cause your judges to lose interest, as they've already read the briefs.  (Never say, "As I argued on page XX of my brief. . . . ")  Instead, in the time between briefing and oral argument, occasionally re-read your brief and that of your opponent, and keep a list of ideas that are new and which have popped up during this interim.  These are the Golden Nuggets which can make or break your case with a judge that may have already been leaning against you.  A new twist on the old argument is precisely what can change a set mind.

If you have a family member or friend whose lengthy sentence was based at least in part on prior convictions, 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.

The Great Bend - Seasonal Events for your calendar.

The Great Bend - Seasonal Events 
As always, everyone loves to come to Great Bend for the holidays! The award-winning Trail of Lights and Santas Around the World are just a couple of highlights to add to your calendar!

 

Hey, NY Mets fans: Our top 5 lists to help you have fun in KC

Our top 5 lists to help you have fun in KC 
"So here you are, in Kansas City for the World Series.
Thing is, you’ve never been here before. What to do? And what’s all this about barbecue? Here’s a list of things and places that baseball enthusiasts will fall for in the City of Fountains. New York Mets fans: we may not want you to win, but we’d love for you have a good time in KC."

Read more here: http://www.kansascity.com/entertainment/article41536227.html#storylink=cpy

Sentences Based on Prior Convictions for Drugs or Violence

In Johnson v. United States, 13-7120, the United States Supreme Court on June 26, 2015 struck a blow against sentencing increases based on prior convictions.  The Supreme Court ruled that the "residual clause" of the Armed Career Criminal Act is ambiguous, and therefore denies due process to defendants whose sentences were increased under that law.  Courts nationwide are starting to reject increased sentences urged by prosecutors, and these judges are doing so by extending the rationale of Johnson to other contexts.  Meanwhile, there is litigation sprouting everywhere to test whether Johnson applies retroactively to shorten older sentences handed down before June, 2015.

If you have a family member or friend whose lengthy sentence was based at least in part on prior convictions, 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.

How to Cross-Examine the "Expert":

In virtually every single drug case and sex-offense prosecution I am asked to evaluate and appeal, I see the government using "experts" to testify in general terms about their past experience investigating other people charged with crimes (as a way to insinuate that the person on trial at that moment is also guilty).  In this installment, I offer commentary on this unfair tactic being employed by prosecutors in trials all over the country, leading to unfair convictions.

           

By the time cases like these come across my desk, it is too late to mount a challenge to the "expert's" opinion, mostly because trial attorneys do not attack "experts" in pre-trial motions and hearings.  And, as discussed in previous blogs, if there is no objection to a specific area of evidence or testimony during trial, then the issue cannot later be appealed.  So then, the next best way to handle the damaging "expert" is for the trial attorney to go after him or her with a zealous cross-examination.  Attack must be lodged against the "expert's" lack of credentials (i.e., education at a recognized university as opposed to in-house police department classes), lack of acknowledgment across the country as an "expert" (i.e., no published articles, and no listing in any accepted peer-review literature as a national authority on any topics), and lack of a scientific basis for the opinions offered.  No defense lawyer should be afraid to expose sham expert testimony.

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.

Fall Into Fun at Hoots & Howls - Kansas City Zoo

Fall into Fun at Hoots and Howls
The festivities are Saturdays and Sundays from 10 a.m. to 3 p.m. on October 4 & 5, October 11 & 12 and October 18 & 19.

It's That Time of Year Again! Prepare to be SCARED!

3rd Street Asylum Haunted House
October 02, 2015 - October 31, 2015

Every Friday, Saturday

The 3rd Street Asylum Haunted House is located in an old 1918 school building in downtown Bonner Springs, Kansas. It's scary...creepy...gory...fun...and not for the faint of heart!

Recurring Issues - Installment 3:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?"  It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel.  Last installment, we discussed the concept of “junk science."  Before that, I covered "hearsay" and missed objections to it.  In this installment, I offer commentary on yet another evidentiary issue arising in trials all over the country, leading to unfair convictions.

"Bolstering by prior consistent statements" - I am addressing this issue in more than one case right now.  The typical scenario involves a witness coming in to testify that the victim told the witness of an alleged act (for example, molestation by a family friend or relative) months prior to trial, with the resulting insinuation being, "This isn't a recent fabrication by Victim, because after all, Victim told this story to someone else previously."  Of course, the flaws in this logic are several, the most obvious being that a lie told repeatedly is still nevertheless a lie.  But it takes a skilled defense attorney to point this out to jurors.  In conjunction with my installment last month about "junk science," be wary of "family therapists" and "forensic interviewers" being used by prosecutors to bolster an alleged victim's story through craftily recounting the victim's "prior consistent statements."  A wolf in sheep's clothing is still a wolf.  And this one usually bites down with a jail sentence!

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.

Kansas City Irish Fest, Sept 4-6, 2015

Kansas City Irish Fest Labor Day Weekend At Crown Center

With over 30 bands on seven stages, heritage workshops and displays, comedy, genealogy, a massive children's area and so much more, there is no better way to celebrate Celtic Pride in Cowtown than Kansas City Irish Fest!

Recurring Issues - Installment 2:

Lawyers often ask me, "What issues do you see trial attorneys missing the most during their trials?"  It seems that lately, I am evaluating several cases which contain many of the same issues repeatedly overlooked by defense counsel.  Last installment, we discussed the concept of "hearsay" and missed objections to it.  In this installment, I offer commentary on another evidentiary issue arising in trials all over the country:

"Junk science" - Prosecutors, especially in sex offense cases, are proffering more and more "soft science" as though it is irrefutable fact.  The biggest examples are "forensic interviewers" and "family therapists."  Prosecutors bring these people in to testify that these professionals are "experts" who interviewed the purported victims, and can assure jurors that the purported victims have exhibited no tell-tale signs of deception.  Stated bluntly, these witnesses are being offered up as human polygraph machines, without credentials recognized by established universities which offer degrees in widely recognized and accredited subjects.  In other words, the opinions of these "forensic interviewers" and "family therapists" are loosely based on subjective and unverified social theory, which means that the basis underlying these opinions is "junk science."  (The rules pertaining to the admissibility of opinion testimony are complex.  The best way for a defense attorney to oppose this evidence is to conduct a vigorous cross-examination of the purported expert, exposing that there are no valid and universally accepted objective scientific studies backing up the conclusions that they are providing to jurors.  The most effective way to develop this cross-examination is through preparation before trial of a thorough and exhaustive outline of specific questions, deriving from basic scientific principles including "control groups" and "variable identification/ elimination."  Exposing that the "expert" doesn't know of any studies and/or how they were conducted can support a later objection wherein the lawyer asks for the jury to be instructed that the expert's testimony is unsupported and stricken from the record.)

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.