Frequently Asked Questions
Addressing your concerns regarding your Kansas criminal defense case
Eckelman Law Office LLC helps clients accused of serious felonies, drug crimes and other criminal offenses clear their names through aggressive representation and personal service. While we are here to help you and address your concerns at any point during your case, we understand you may have questions you want answered immediately. Please find some common questions and our responses below.
- Why should I hire a criminal defense attorney?
- Should I try to use an insanity defense at trial?
- A member of my family has a mental disability and was charged with a crime. How can I help?
- Can I refuse a breath test?
Put your case in capable hands. Contact Eckelman Law Office LLC.
Based in Lawrence, Eckelman Law Office LLC serves the Kansas City Metro Area and:
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Call 877.478.5692 or contact us online to schedule your free initial consultation.
Why should I hire a criminal defense attorney?
The importance of competent legal representation is so great that the Sixth Amendment of the Constitution guarantees every criminal defendant the right to an attorney. A criminal defense lawyer can be your greatest asset after being charged with a crime or even while you are suspected of a crime. Criminal defense attorneys know the laws and court customs that apply to your case and use this knowledge to protect and maximize your legal interests. No matter your legal situation, a criminal lawyer will help you more than you could help yourself by going it alone.
Should I try to use an insanity defense at trial?
As famous as the insanity defense is, it is rarely used in criminal trial and is not likely to be successful. Although states vary on the criteria for a client's insanity, the defendant must generally show that he or she cannot distinguish right from wrong. The defense is very difficult to prove, and judges and juries typically do not accept it.
A member of my family has a mental disability and was charged with a crime. How can I help?
If a member of your family suffers from a mental illness, the best thing you can do is to discuss the situation with his or her defense attorney. The defense attorney can then raise a motion in court to address your relative’s incompetency to stand trial — meaning he or she does not understand the charges and cannot help the lawyer with the case.
The judge will then order an evaluation to confirm that the client has a mental disease. If the evaluation comes back positive, then the judge may send the client to a hospital until the client becomes competent to stand trial. However, if the client will not ever be competent to stand trial, then the judge may dismiss the charges or have the client committed to a psychiatric institution.
Many families do not want to see their loved ones get committed to hospitals, and will instead request that the defendant be released into their care. Talk to an experienced Kansas criminal defense lawyer to discuss your options.
Can I refuse the breath test?
When you obtain a Kansas driver’s license you provide implied consent to submit to a blood alcohol test if stopped by police. You can refuse this test, but know that you may face additional charges including losing your license temporarily. If you refused to take the test and are convicted of the DUI charge later, you will likely have to endure extended license suspension and required use of an ignition interlock device.
