Answering the Internet's Most-Searched Criminal Defense Questions | Wichita Criminal Defense Lawyers
WICHITA, Kan., April 7, 2025 /PRNewswire/ -- If you've recently been arrested or accused of a crime, it's normal to be left with many unanswered questions. Legal jargon can be confusing, and it's easy to submit to authorities when your future seems uncertain. Our Wichita criminal defense lawyers at the McConnell Law Firm have decades of combined legal experience and field questions from clients, prospective clients, and community members every day. To keep you informed, we're answering some of the internet's most-searched criminal defense questions that you can keep in your back pocket should you ever be arrested or accused!
Do I Have to Allow Officers to Search Me or My Home?
In short, no, you do not have to allow officers to search you, your vehicle, or your home unless they have a valid warrant or probable cause permitting them to do so. This right to refuse a search is protected under the Fourth Amendment, which prevents unreasonable searches and seizures. Should officers ask for permission to search you, politely decline by stating, "I do not consent to a search." While you may feel pressured to consent (especially if you believe you have done nothing wrong) to appease officers, do not do so, as any evidence found during a search could be admissible in court and later used against you.
Can I Question Officers if They Arrest Me?
While you are legally allowed to ask officers questions during an arrest, our Wichita criminal defense lawyers highly advise clients against doing so. The only conversation necessary will be to provide any requested basic identifying information, such as your name, address, and date of birth. After that, you should invoke your Fifth Amendment right to remain silent and request an attorney. Simply state to the arresting officer, "I am going to remain silent. I would like to speak to an attorney." This should prompt officers to cease questioning until you have an attorney present. The more questions you ask during an arrest, the more you open yourself up to additional conversation with the officer, which may not be helpful for your case!
Will a Judge Consider My Criminal History During a Trial?
In many cases, prior criminal history is not admissible as evidence during trial. However, there are some exceptions in which past criminal history may be considered, specifically when it comes to sentencing. If a defendant is found guilty and is an established repeat offender, these prior convictions may negatively impact their sentence. If you have a criminal record, it's important to partner with a Wichita criminal defense lawyer, as they will be able to help limit the impact of your past convictions on your current case.
Is the Government Required to Provide Me With an Attorney?
If you are charged with a crime and cannot afford an attorney, the Sixth Amendment guarantees you the right to have one provided for you. These court-appointed attorneys are known as public defenders and work with individuals who cannot afford private legal counsel. The main difference between a public defender and private attorney is that public defenders are selected by the judge, whereas private attorneys are selected and hired by you. This means that if you hire a private attorney, you have the ability to do your own research and hire someone you feel comfortable with and confident in representing you. It is also important to recognize that in many cases, you may have to pay the government back for the public defender appointed to you after your case is completed.
Can an Attorney Still Help if I'm Pleading Guilty?
Entering a guilty plea is more complicated than admitting fault and accepting a legal punishment. You're waiving certain constitutional rights, including the right to a trial and the ability to challenge any evidence against you. Just because you plead guilty doesn't mean you won't experience long-term consequences! Without an attorney guiding you through the process, you may be left to take whatever offer the prosecution presents, unknowingly accepting harsher penalties than necessary. A defense lawyer can negotiate for reduced charges, ensure your rights are protected, and fight to minimize sentencing!
Have You Been Accused?
Have you recently been arrested or accused of a crime? We encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting one of our expert Wichita criminal defense lawyers about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of our expert Wichita criminal defense lawyers? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.
SOURCE McConnell Law Firm
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