Carl E. Cornwell Attorney At LawCriminal Law Attorney | Carl Cornwell | Olathe, Kansas2024-03-18T06:56:19Zhttps://www.carlcornwell.com/feed/atom/WordPress/wp-content/uploads/sites/1303747/2021/06/cropped-CarlECornwell-site-icon-32x32.jpgOn Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=475482024-03-11T14:38:11Z2024-03-05T10:50:44ZWhat are protected locations?
The distribution, sale or delivery of a controlled substance in protected locations will be a Class A felony. That includes heroin, cocaine, methamphetamine, Fentanyl and any controlled substance except for up to 35 grams of marijuana or a synthetic cannabinoid to a person who knows that the act is occurring in these areas.
That means if this happens within two thousand feet of a school or school bus, it is done in a protected area. The schools in question include a public elementary school, a private elementary school, a vocational school, a secondary school or a school bus.
If it occurs within one thousand feet of a park that is used for recreation, then it is also considered a protected area. Other protected areas include public housing or governmental assisted housing. The objective is to protect young people and those who are simply in areas for recreation or their home.
Drug distribution allegations must be scrutinized
The penalties for a conviction of a Class A felony are significant. The person can be sentenced to at least 10 years in prison, but not more than 30 years. Drug crimes can easily escalate to a situation where the person is confronted with extensive jail time and hefty fines. They are likely to be fearful about the future and wonder if there is any way to avoid the worst penalties or even get acquitted.
Fortunately, there are avenues of defense that can be effective to combat even the most serious accusations. The evidence must be examined in depth to determine how strong it is. If, for example, the person accused of drug distribution did not realize they were in a protected area and was not distributing drugs at the time, it could be beneficial to a defense.
Other factors could come into play such as how the investigation was conducted, if law enforcement was within its rights to conduct a search of a person or their vehicle, and if there were mistakes made at any point in the case. Any drug charge is worrisome, but if it is a Class A felony, the consequences are daunting. Before doing anything else, it is imperative to keep a clear head and know how to move forward in fighting the charges to try and reach a positive outcome.
]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=475462024-01-25T18:41:11Z2024-01-25T18:41:11ZAssessing whether an object is drug paraphernalia
When an arrest is made because a person was in possession of items that are considered drug paraphernalia, there are various factors to consider as to the actual intended use of those items. During an investigation, law enforcement will speak to those who are either in control of the object or own it. Their statements will be fundamental to the case.
The person’s past behaviors are important. If they had a previous conviction or convictions for illegal drugs, this could be a vital part of the case. Other factors include where the item was found; how close it was to any controlled substances in the area; if there is residue on the object and if it is a controlled substance or used in the manufacture of a controlled substance; evidence as to how the item was going to be used; and if there are instructions for its use.
In certain cases, people find themselves under arrest for selling drug paraphernalia. As with the sale of any product, there might be advertising as to how it is to be used. If it is for clear illicit drug use, this will be used in the case. Law enforcement will assess how it is displayed for sale; if the owner or person in control of it legitimately supplies these items for legal use; if there are legal uses for it at all such as for over the counter tobacco; and if the advertising was placed in periodicals or magazines that clearly support the use of illegal substances.
Any drug charge can escalate and a defense is essential
Even if the person is only arrested and charged with possession of drug paraphernalia, it is likely that law enforcement and other investigative bodies will scour the area and dive deeper into the case to see if there are other more serious crimes being committed. Possession of items like a pipe might not warrant severe penalties, but if other charges are lodged, it can be problematic for a person and negatively impact their future.
With any drug charge whether it is for drug paraphernalia, prescription drugs or illegal drugs, it is crucial to examine the evidence, scrutinize how the investigation was conducted, gauge if there was overzealousness on the part of law enforcement and if there are options available to avoid serious charges.]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=475452023-12-06T06:25:32Z2023-12-06T06:25:32ZLookout for these common mistakes
A lot of mistakes in drug cases are innocently made, but this doesn’t minimize their impact. In fact, any one of the following could lead to an otherwise avoidable conviction:
Consenting to a search: Generally speaking, the police can’t search you, your home, or your car unless they have probable cause to support a warrant request. Although there are several exceptions to the warrant requirement, police officers sometimes don’t have to try to rely on them because they obtain consent to search. Regardless of the circumstances, you don’t have to consent to a search. Doing so just puts you at risk of incriminating yourself.
Talking to the police: Remember, the police have a job to do, and that’s to arrest those they believe to have committed a crime. While you might think that you can talk yourself out of trouble if you interact with law enforcement, the truth of the matter is that talking to them can put you at risk. The police can lie to you, take your words out of context, and sometimes even threaten you to get the information they want. Don’t put yourself in that position.
Accepting a plea deal too early: Most criminal cases resolve through a plea agreement. Although one of these deals could lead to reduced charges and less severe penalties, you shouldn’t accept one without first fully analyzing the facts of your case given that there might be strong criminal defense strategies available that could help you beat the prosecution’s case in its entirety. So, be diligent and thoughtful before acting here.
Talking to others about your case: You might feel the urge to discuss a criminal investigation or your case with someone else, but doing so is dangerous. The prosecutor has the power to subpoena anyone you talk to, which puts those individuals in a position where they’re forced to testify against you. It’s important to assume, then, that you can’t keep what you say to your family and friends out of court.
Thinking your case isn’t a big deal: You might think that your case will be easily won or that any potential penalties won’t be all that harmful to you, but you shouldn’t minimize the importance of your case. A haphazardly thrown together criminal defense could put you at risk of conviction, which very well could mean jail or prison time, a massive fine, and a mark on your record that’ll be hard to overcome for a significant period of time.
Aggressively fight back against the prosecution
The prosecution is going to come at you with everything they’ve got. Although that can be nerve-wracking, don’t let it rattle you. You can be just as aggressive in defending yourself and protecting your rights. To do so, though, you’re going to have to have some legal know-how and be informed on the law.
]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=475422023-08-21T10:27:01Z2023-08-28T10:25:04ZHow to get a handle on witness testimony in your criminal case
The way that you approach the prosecution’s witnesses in your case is going to depend on the circumstances. However, there are some broad strategies that you might want to think about deploying in your case to minimize the impact of the prosecution’s witnesses. Here are some of them:
Impeachment: Impeachment is the process through which you undermine or otherwise discredit a witness’s testimony. There are several ways to do this. One often utilized tactic is to point out prior inconsistent statements that draw the trial testimony into question. You can also highlight a witness’s bias and motivation to testify against you to demonstrate that the witness’s testimony can’t be trusted.
Use leading questions: Your attorney will have the ability to cross-examine the prosecution’s witnesses. While there are several effective cross-examination strategies, one common tactic is to use leading questions that suggest the answer to the witness. In many instances, this is a successful way to get the witness to agree with you or portray them as avoidant, which won’t sit well with the jury.
Block the testimony: In some instances, you might be able to block witness testimony altogether. One way you can do this is by subpoenaing the prosecution’s witnesses to a deposition. If they don’t appear, then you can argue that allowing their testimony at trial is unfair. You can also file a motion in limine to block testimony if it’s going to be unfairly prejudicial.
Counter with your own witness testimony: Even if witness testimony presented by the prosecution is damaging to your case, you might be able to minimize it or completely refute it by presenting your own witnesses’ testimony. In preparing your witnesses for trial, though, you’ll need to anticipate how the prosecution’s witnesses will testify so that you can develop your witnesses’ testimony accordingly. Depositions can be extraordinarily helpful here, but so too can a complete review of the evidence.
There may be other ways to get a handle on the prosecution’s witness testimony, which is why you’ll want to take a comprehensive approach to your case so that you’re capturing every opportunity available to you. But don’t forget that there are a lot of other aspects to your case that you’ll need to address. If you don’t properly deal with them, then you could be setting yourself up for conviction.
Exploit the criminal defense strategies that are best for you
Developing your criminal defense strategy is going to take time and legal knowledge. That’s why now is the best time to start building your case. By being thorough and aggressive, you can increase your chances of obtaining the results that you want. Hopefully then you can avoid the harsh penalties being threatened against you and reclaim your future.
]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=475412023-08-14T17:50:56Z2023-08-03T17:46:37Ztremendous ripple effect of collateral consequences that could touch nearly every aspect of your life.
The collateral ramifications of criminal conviction
Jail, prison, and fines are all top concerns for those who have been accused of criminal wrongdoing, but there are a lot of other negative consequences that you could face if you’re convicted of an offense. Here are some of those that may be most harmful to your future:
Employment woes: Merely being charged with a criminal offense could lead to job loss, but a criminal conviction can leave you with a marred record that will render it challenging to secure the employment you want, even after you’ve paid your debt to society. As a result, your lifetime earnings can be drastically reduced if you have a criminal conviction on your record.
Housing problems: A criminal conviction can also make it difficult to find the kind of housing that you want, especially if you’ve been convicted of a felony. After being convicted, your housing options will probably be limited, and those that exist will be less desirable than you’d hoped.
Professional license lost: If you had a career that required professional licensure, then a criminal conviction could result in the revocation of your license. This will no doubt up-end the career that you’ve worked hard to build, and it can put you at a financial disadvantage in the years to come as you try to find alternative forms of employment.
Driver’s license suspension or revocation: Although losing your license isn’t the end of the world, it can certainly make your everyday life more challenging. It can make it difficult to get to work and visit family, and you might not be able to take advantage of educational opportunities. This can lead to lost opportunities and a decreased enjoyment of life.
Family law issues: A criminal conviction could even impact a family law case that you have, especially if it’s related to child custody. Your child’s other parent might use your conviction against you to try to limit or even entirely cutoff your time with your child. This, of course, can negatively impact your relationship with your child, and it can be a huge emotional blow.
Damaged reputation: A criminal conviction can also tarnish the reputation that you’ve built over the years. You might find yourself shunned from those who once supported you, and you might struggle to find the support that you need when times are tough.
Don’t let your fears paralyze your criminal defense
Although these potential collateral consequences can be scary and stressful, you shouldn’t let them paralyze you with fear. Instead, try to use them as motivating factors to build the most aggressive criminal defense possible under the circumstances.
To do so, you’ll need to understand the law and how it applies to your set of circumstances. So, as you prepare to navigate your criminal case, be sure to educate yourself as much as possible so that you can make the informed decisions best suited to protect your interests and your future.]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=475362023-05-19T17:55:05Z2023-05-24T16:12:13Zcriminal defense cases. Many wrongful convictions have their origins in false confessions.
What's behind false confessions?
The Fifth Amendment to the U.S. Constitution provides all of us with the right to be free from forced self-incrimination. From this constitutional right stems your right to remain silent when you have been detained by the police.
Many of us are somewhat familiar with this right Oand the other rights listed in the Miranda warnings, as heard in innumerable television shows. Police are required to recite these warnings when arresting people.
However, most of us aren't as familiar with these rights and their limits as police officers are. When we are pulled over or questioned by police, we may be nervous, intimidated or otherwise unsure of how we should exercise these rights. Police know this, and they often take advantage of a person's confusion in order to get them to disclose evidence.
In some cases, this situation can lead to police questioning suspects for many hours. Police aren't required to tell the truth during these sessions, so they may lie and tell you that they already have all the evidence they need, and now is the time to tell them what really happened. Police may present this as a chance for you to redeem yourself, but instead they use it as a chance to make sure you are convicted.
According to the Innocence Project, an advocacy group, the average time people are interrogated before they falsely confess is 16 hours. After that long, people can become so tired out that they will say anything just to end to the interrogation.
What can you do if you have falsely confessed?
If you have been put in this terrible situation and confessed to a crime you did not commit, it's hard to backtrack. However, if, with professional help, you can show that your confession was made in violation of your constitutional rights, you may be able to get it suppressed from evidence.]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=474002023-02-24T18:19:24Z2023-03-02T14:57:27Zpeople wanting to move illegal substances in and out of the country.
The people who are transporting the illegal substances mainly use commercial and private means of transportation to move the illegal substances throughout the state. The drug traffickers also move their product by using airplanes, buses and passenger trains.
Is Kansas doing anything to counteract drug trafficking activities?
Kansas is well aware of the serious issues that exist with drug trafficking. Because of those issues, the Drug Enforcement Administration, or DEA, along with the El Paso Intelligence Center, or EPIC, instituted Operation Pipeline, which as a national safety interdiction program.
The authorities seize drugs from private vehicles and the information is reported to Operation Pipeline by local, state and federal law enforcement agencies. The agencies work across the United States along the major highways and interstate roads that are known to contain the most drug traffickers.
What about other means of transportation for drug traffickers?
Drug traffickers also use airplanes to transport their product sometimes. There are two major airports that they use and that serve Kansas: The Kansas City International Airport, which is in Missouri and the Wichita Mid-Continent Airport. Additionally, there are more than 140 local airports and landing strips in Kansas, which gives drug traffickers even more opportunity to transport their drugs.
Interestingly, the percentage of people in Kansas who reportedly use illegal drugs is lower that the nationwide percentage. The last available statistic said that 5.1% of people in Kansas reported having used an illegal drug in the month before the survey whereas the nationwide number was 6.3%.
Solid legal advice from a Kansas drug defense attorney
If you have been charged with a drug crime, you will want an experienced Kansas drug defense attorney, who can ensure that you understand your rights and can make sure that you are acquainted with the legal process and what you will be facing. Your attorney can give you the benefit of their experience and can hopefully turn your case around so that the outcome is less severe than you thought. Everyone makes mistakes because everyone is human. However, what is important is what you learn from your mistakes so that you can move on and have a better life going forward.
]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=473922022-12-06T18:38:31Z2022-12-06T18:38:31ZFederally scheduled substances
Federal drug laws divide controlled substances into five categories called "schedules." The lower the schedule number, the higher the risk for abuse and the less medical use, according to the government. Schedule I drugs include heroin, marijuana and LSD. Schedule II includes fentanyl, oxycodone and methamphetamine. Possession of more than a certain weight of each of these substances is a federal crime. The amount is often higher than what is a state-level crime.
Crossing state lines
Another thing that can bump drug charges from state to federal level is location. Crossing state lines with drugs in your possession is a federal offense. So is committing a drug crime on federal land, such as a military base, national park or wildlife refuge. A common example is getting pulled over and arrested coming on I-70 from Colorado with marijuana in the vehicle.
Federal drug charges must be taken very seriously. But with the right legal help and strategy, it often is possible to get the charges reduced or dismissed entirely.]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=473892022-09-06T20:56:56Z2022-08-30T20:55:11ZGeneral penalties for drug crimes
Simple possession of a controlled substance can lead to felony charges if you have a prior drug conviction on your record. The penalty for misdemeanor drug possession is one year in jail.
If you are charged with a more serious drug crime under federal law such as drug distribution or drug manufacturing, you can face up to 20 years in prison. However, the type of drug at issue can impact how long you may be imprisoned if convicted.
Enhanced penalties for certain drug crimes
If your crime involves certain amounts of the following drugs, you could face a minimum of five years and a maximum of 40 years in prison. Drugs that fall under these enhanced penalties include certain amounts of:
Meth
Crack
Fentanyl
Heroin
PCP
Cocaine
LSD
Possessing greater amounts of the above drugs for distribution or manufacturing could lead to even greater prison sentences. If your crime involved large amounts of the above drugs, you could face a minimum of 10 years and a maximum of life in prison if convicted.
In addition, enhanced penalties may apply if you had a prior felony drug conviction. You could also face enhanced penalties if your actions caused the death or serious bodily injury of another. Finally, you could face enhanced penalties if you distributed drugs to minors or in areas where minors are generally present such as school grounds.
If you are charged with a drug crime you may feel frightened or embarrassed. You want the problem to go away before it can affect your personal or professional reputation. Many people charged with federal drug crimes decide to discuss the charges with a professional so they can make informed decisions in their defense.]]>On Behalf of Carl E. Cornwell Attorney At Lawhttps://www.carlcornwell.com/?p=473842022-05-25T14:23:13Z2022-05-26T14:20:28ZHow jury selection works
The jury selection process starts with the court summoning a pool of potential jurors. Once these individuals are identified, they are brought down to court where they’ll be subjected to questioning by both the prosecution and the defense.
Why do these questions matter? Simply put, each juror comes to the table with their own lived experiences, biases, and knowledge of your case. These characteristics could affect a juror’s ability to fairly and impartially judge your case. By questioning each juror, though, you can elicit these biases and better protect your right to a fair trial.
What your questioning can do
While examining a potential juror, you can request that he or she be removed from the jury pool if you suspect that he or she is biased in a way that will affect the fairness of your trial. When you try to remove one of these jurors “for cause,” you’ll have to specify your reasoning for requesting removal. If the judge agrees with you, then the juror will be removed, and you’ll move on to the next one. Keep in mind that the prosecution can request that a juror be removed, too.
You’ll also be given a number of peremptory challenges. Here, you can request that a juror be removed without providing a justification. So, if you suspect that a juror is going to negatively impact your ability to be judged fairly, then you can simply ask that he or she be removed. That said, if it appears that you’re removing potential jurors on the basis of race or sex, then you might be called out on it because this is considered discrimination and is therefore illegal.
Prepping for jury selection
As you prepare to take your case to trial, you also need to be ready to competently navigate the jury selection process. This means knowing how to examine potential jurors and search for biases that they may possess. It’s a skill that’s often under-recognized, and one that could be crucial to the outcome of your case. So, before moving forward with your case, be sure to discuss the logistics of jury selection in your case with your attorney.
Do you need an advocate in your corner?
Jury selection is just one of the many moving parts in your criminal defense. There’s no doubt that these matters can be extremely stressful, especially given the stakes at hand.
That’s why you owe it to yourself to build the strongest criminal defense possible under the circumstances. As daunting as that may sound, especially given the fact that your future is on the line, you can have a strong legal advocate by your side every step of the way. In many instances, this is the best way to ensure that you’re putting forth the best legal strategy -- one that maximizes your chances of beating the prosecution and securing the outcome that you want.
Do want to learn more about how to build the aggressive criminal defense that you need? If so, then consider reaching out to a skilled criminal defense attorney who will know how to fight for you.]]>