Criminal Defense Attorneys in Topeka, Kansas

Fighting difficult criminal cases is what Irigonegaray & Revenaugh, LLP was built on

Being charged with a crime is, for most people, a devastating turn of events. Confusion, anxiety, and stress may result, especially for people being charged for the first time.

Jail time, loss of employment and damaged relationships are just a few of the understandable concerns going through people’s minds. In these situations, it is easy to make the problem worse by saying too much to the wrong people.

The golden rule is to seek legal advice as early as possible. Don’t speak to the police without the presence of a lawyer.

An experienced criminal defense lawyer will guide you, do the talking on your behalf when necessary, and advise the next steps. This is your best chance of fighting the charges successfully and mitigating any punishment.

Over the past four decades, our attorneys have looked after many types of criminal defense cases, including:

• Murder and manslaughter
• Involuntary manslaughter
• Rape and sexual assault
• Drug possession or distribution
• Domestic violence
• Gun crime
• Criminal damage
• Burglary
• Theft
• Trespassing
• DUI 
• Fraud or white-collar crimes

We cover most felony offenses and misdemeanor cases. This includes some types of sensitive cases that other criminal defense lawyers avoid.

Our representation may also include attending hearings for:

• Bail 
• Negotiations
• Probation 
• Expungements
• Department of Revenue cases  
• Drivers’ license reinstatement 
• Blood alcohol test refusal appeals
• Trials

Whether you contact us yourself or on behalf of a family member or friend, we will make sure that you understand the charges, their implications, the legal processes, and the options available to you.

From there, we can start examining the precise details of the case and preparing a rigorous defense, if necessary.

Criminal defense process in Kansas

For many people charged with a criminal offense, the court processes and the justice system is entirely new and confusing.

Understanding the basic processes involved in criminal defense can help put your mind at ease that you have a reasonable chance of escaping a conviction – no matter how strong the evidence against you seems at first glance.

Following is an outline of the basic criminal defense process in Kansas.

Securing legal representation 

The basic rule for securing legal representation is to consult a criminal defense attorney as soon as you are aware that you are the subject of a criminal investigation.

You may be made aware of this before you are contacted by a law enforcement officer. This is ideal as your attorney can then advise you on what to say and do when you are called in by the police for an interview.

If you only realize that you are being investigated when contacted by the police, invoke your right to counsel. That means that you can consult with a lawyer and it limits the powers of the police to gather evidence against you.

As well as providing legal guidance, protecting your rights, and potentially arranging bail, a criminal defense attorney from Irigonegaray & Revenaugh, LP will provide much-needed emotional support during this testing time. 

Legal intervention may even prevent the investigation from going any further if we are able to convince prosecutors not to file charges against you.

Pushing for criminal case dismissal

In the ideal scenario, your case is dismissed before it ever reaches court. This is possible, and it is something we invariably push for.

One of the most common reasons for achieving this is that evidence is disallowed because of the way in which it was obtained. For example, if your constitutional or statutory rights were breached when police gathered the evidence, there is a good chance that the judge will not allow it.

As your criminal defense lawyers, we will explore many ways for a successful outcome before we even get to the trial.

Considering a plea offer

Depending on the strength of the evidence against you, we may need to decide whether to accept a plea offer or fight your case at trial.

There is no knowing the answer to that before we are able to review the evidence against you and discuss with the prosecution what the Crown’s intentions are. Then we can present your options and provide guidance. 

Ultimately, it will be your decision to make – and it may not be a simple one. Plea negotiations are not simply about agreeing to a sentence. They also involve issues such as registration (for certain offenses) and eligibility for certain programs and expungement. This all adds complexity to the decision.

It helps to have an attorney who can explain everything to you clearly.

An experienced criminal defense attorney is more likely to provide accurate advice about your chances of securing a case dismissal or being acquitted at trial. It will be a case of weighing up the pros and cons and arriving at the best decision for your future.

We are always open and honest about the best option(s) available to you, weighing up the potential consequences of a conviction with your chances of beating the charges. 

Attending the criminal trial

Your chances of being successful at trial hinge largely on the quality of the preparation of your defense and the skills of your criminal defense attorney.

As such, your choice of a defense attorney will help shape your future.

Criminal sentencing from the judge

If you are found guilty at trial or you agree to a plea offer, the judge will then sentence you. 

Compared to trials, this part of the criminal justice process is usually brief – lasting minutes rather than hours or days.

Sometimes, when there is a sentencing agreement, we may represent you before the sentencing hearing. If no agreement can be reached, it is important for us to file motions for departure, variance, or border-box sentences.

We will usually need to provide evidence that you have begun the process of rehabilitation already if we want to contest the sentencing. This may involve witness testimony, letters of support, and expert reports that demonstrate your progress.

Appealing your criminal sentence in Kansas

Depending on your conviction or sentence, you may be able to appeal to a higher court such as the Kansas Court of Appeals, the Kansas Supreme Court or the Tenth Circuit Court of Appeals to review the original decision.

This involves a different process to the original trial in the district court, and you need a defense attorney who is familiar with it. 

The attorneys at Irigonegaray & Revenaugh, LLP are well-accustomed to the appellate court process, where most of the key arguments are put forward on paper rather than in person (oral advocacy). 

Expunging your criminal record

Depending on the nature of your charge or conviction, it may be possible to expunge it from the record three to five years after the date of conviction.

This has many benefits. If the records related to your case are sealed, they are not available to the public and will not show up on background checks by employers. This will entitle you to say that you don’t have a criminal record when asked.

Note that even if you are not convicted of a crime, your record may show details of arrests and diversions. Expungement removes these details.

Protect your civil rights 

A conviction for a felony has some far-reaching consequences of the initial sentence.

You also lose certain civil liberties, including:

• The right to own or possess a firearm: while it’s a constitutional right, you lose this right as a convicted felon.
• The right to vote: convicted felons are also severely limited in their right to vote.
• The right to freedom from search and seizure: depending on the severity of the crime,

if convicted of a felony, the judge will sentence you to prison or probation. While on probation or parole, your supervising officer can enter and search your property, which may lead to face further charges or revocation of your probation.

As your criminal defense attorneys, Irigonegaray & Revenaugh, LLP will vigorously defend your rights by challenging your prosecution at every possible opportunity.