Kansas City, Kansas Criminal Defense Attorney
Paul D. Cramm Attorney at Law
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100 East Park Suite 210 Olathe, Kansas 66061 USA |
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(866) 457-7549
(913) 322-4371
www.kansascity-criminal-attorney.com
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Paul D. Cramm, Attorney at Law practiced law at two different Kansas City law firms prior to opening his own law office in 2000. Since establishing this law firm, the practice has been exclusively devoted to all levels of criminal defense from misdemeanor to felony. Cases have included relatively straightforward charges of shoplifting to complex DUI and vehicular homicide cases involving forensic expert witness testimony.
I am licensed to defend clients in Kansas and Missouri courts at the Federal, State and Municipal Level. I received my undergraduate degree from the University of Kansas where I was Phi Beta Kappa and a Golden Key National Honor Society member. My law degree is also from the University of Kansas, where I received the 1999 Fisher, Patterson, Saylor & Smith Trial Practice Award. I am a member of the National Association of Criminal Defense Lawyers.
If you have been arrested, charged, or questioned in connection with any type of crime, you need experienced, skilled, and aggressive representation by a qualified criminal defense attorney. For dependable and effective representation in the defense of serious state or federal charges, contact my Kansas City criminal defense law firm to speak with an experienced criminal defense attorney. I handle charges ranging from shoplifting to vehicular homicide both at trial and on appeal.
Practice Areas
Additional Practice Areas: Federal Crimes, Grand Jury Defense, Drug Trafficking, Drug Distribution, Drug Possession, Drug Importation, Extortion, Internet Fraud, Mortgage Fraud, Health Care Fraud, Attempted Murder, Home Invasion, Order of Protection Violation, Unlawful Possession of a Gun, Armed Robbery, Carjacking, Criminal Threats, Vehicular Homicide, Involuntary Manslaughter, Breaking and Entering, Property Crimes, Criminal Trespass, Solicitation of a Minor, Probation Violation, State Appeals, Sentencing, Jessica's Law, Sodomy, Indecent Liberties with a Minor, Date Rape, Internet Solicitation, Road Rage
Practice Areas Description
Paul D. Cramm, Attorney at Law represent clients facing such charges as the following:Federal Crimes
- Federal Criminal Defense
Being identified as a "target" in a Federal Criminal Investigation is perhaps one of the most stressful experiences a person is likely to endure. It is understandably difficult - if not impossible - to make sound decisions while dealing with waves of anxiety, fear and uncertainty. You need a criminal defense lawyer who understands not only the law, but also the process of investigating criminal offenses in the federal system. If you're facing criminal charges originating in the U.S. District Attorney's Office for the District of Kansas or the Western District of Missouri in Kansas City, contact my defense law firm in Olathe for dependable advice.
- Federal Grand Jury Defense
As soon as you find out that you're a person of interest in any federal investigation concerning drug charges, weapons offenses, or white collar crimes involving fraud, you must contact a knowledgeable Kansas City criminal defense lawyer immediately. Contact my office in Olathe for dependable advice about the defense of Internet solicitation charges or any other federal offense.
Unlike state criminal prosecutions that usually begin with an "on the spot" arrest by local law enforcement, federal crimes - especially the major ones involving drug trafficking conspiracies or large-scale fraud - are normally charged by indictment. That means that over a period of weeks, months, or even years Federal agents have been investigating an alleged criminal conspiracy and collecting volumes of evidence against those involved.
- Federal Drug Crimes
For a lawyer who knows how to represent you effectively through every stage of a federal drug prosecution, contact me at my Olathe criminal defense law firm. My understanding of the critical points of a federal investigation, as well as all facets of Federal Criminal Defense, can make a critical difference in the outcome of your case. I represent clients facing serious federal charges concerning such offenses as the following:
* Importation of high volumes of controlled substances
* Manufacture or cultivation of methamphetamine or marijuana
* Conspiracy to traffic in cocaine, marijuana, or meth
* Possession with intent to distribute large quantities of illegal drugs
My clients appreciate my ability to protect their interests at the investigative stages of a federal drug trafficking case, during pre-trial negotiations with the U.S. Attorney's Office or at trial. I look tirelessly for any weakness in the government's case, whether that involves the admissibility of evidence the Government intends to introduce against you at trial, or the sufficiency of that evidence to support a conviction. I work aggressively from the earliest stages of the case to eliminate, or at least reduce, the most serious charges against you.
- White Collar Crime
If you're facing state or federal charges involving fraud, embezzlement, or any computer crime - including child pornography or Internet solicitation of a minor - contact my Olathe criminal defense law firm for a free consultation and reliable representation.
White collar crime exists at all levels of income and employment. It can involve a bank teller's theft of less than $100, a small business owner's misstatements in quarterly tax returns, a physician's false treatment records fraudulently submitted to Medicare for reimbursement, or even a homeowner's false damage estimates and repair invoices to an insurance company.
One difficulty inherent in white collar defense is the permanent record of the crime created in the form of receipts, business records, computer data, and cancelled checks. The effective defense of these cases involves a thorough command of the applicable criminal statutes, a close familiarity with the business or transactions at issue, and a tireless inspection of business records. The ability to spot the weaknesses in the government's evidence against you can represent a major advantage in your defense. I can defend you on such charges as the following:
* Money laundering
* Larceny or theft by check
* Extortion
* Internet fraud
* Mortgage fraud, insurance fraud, or health care fraud
When the charges are federal, early intervention is essential to protecting your interests. If you have no choice but to turn business records over to the government, it's much better to do so by way of a negotiated agreement than to have your files and computers recovered pursuant to a Federal Search Warrant.
State Felonies
- Violent Crimes
If you've been arrested for a violent crime in the Kansas City area, contact my criminal defense law firm in Olathe. My experience with the development and presentation of the defendant's case in many criminal prosecutions can be a major advantage for you in plea negotiations or at trial. Violent crimes include:
* Assault and battery, aggravated assault, or attempted murder
* Aggravated battery with a deadly weapon
* Sexual assault and other sex crimes
* Vehicular homicide or involuntary manslaughter
* Domestic violence or violation of an order for protection
* Weapons offenses, including state charges of unlawful possession of a gun or federal felon with a firearm charges
* Armed robbery or carjacking
* Kansas criminal threat charges
* Home invasion
I work aggressively on your defense at the earliest stage of your case. As your attorney, I attack the weaknesses in the state's evidence, investigate the facts to discover evidence of your innocence, and work with experts wherever appropriate in order to challenge evidence concerning chemical analysis, DNA, or other technical aspects of the case.
- Vehicular Homicide
As a vehicular homicide defense attorney, I will review your case and the facts against you. My vigorous defense includes an investigation into the arrest and the circumstances of the fatal accident. You will get my honest assessment of the facts of your case – both favorable and damaging. We can then discuss strategies for challenging the evidence to dismiss the charges, or seeking an agreement with the prosecutors to plead guilty to lesser charges or reduce the penalties.
* Criminal Vehicular Homicide
Criminal vehicular homicide is a Class A misdemeanor in Kansas, punishable by up to 12 months in jail. Vehicular homicide is the unintentional killing of another that results from the operation of a motor vehicle “in a manner which creates an unreasonable risk of injury” and constitutes a “material deviation from the standard of care which a reasonable person would observe under the same circumstances.” The victim might be an occupant of the other car, a passenger in your car, or a pedestrian.
* Involuntary Manslaughter
Involuntary manslaughter is a Level 5 felony charge in Kansas - or a more serious Level 4 felony charge if drugs or alcohol were involved, see below - carrying a minimum of 31 months in prison (2 ½ years) up to a sentence of 136 months (11 years). This charge requires a showing by the prosecution of reckless disregard for the safety of others. This charge will always apply where the responsible driver is under the influence of drugs or alcohol.
The more serious felony charges do not result from simple negligence (such as inattentive driving) that leads to a death. In order to proceed with felony charges, the prosecution must show that there was reckless conduct – the driver had reason to know the behavior was dangerous or appreciated the danger and proceeded anyway. Examples include drag racing, “road rage” confrontations, intentionally running a traffic signal, or driving while under the influence of alcohol.
- Property Crimes
My familiarity with what the prosecution needs to prove in any property crime prosecution can be a significant advantage in the preparation of your defense. As the defendant, you don't have to prove anything. As your lawyer, it's my job to match the evidence against you with the legal requirements outlined in the definition of any particular crime. I look for gaps between what the government needs to prove and what they can prove.
When evidence is vulnerable to attack because it was obtained illegally, without a valid warrant, or without probable cause to conduct a search, we move to suppress the evidence. When the evidence disappears from the case, so do the charges against you. I represent Johnson County and Wyandotte County defendants facing charges such as:
* Burglary or breaking and entering
* Car theft or unauthorized use of a motor vehicle
* Employee theft or shoplifting
* Criminal damage to property, including graffiti or tagging, or vandalism
* Receiving or possession of stolen property
* Criminal trespass
- Juvenile Defense
If you need a skilled and resourceful juvenile defense lawyer to represent your son or daughter, contact my Olathe, Kansas, law firm. I have a thorough familiarity with juvenile procedure, the practices of the prosecutors and courts in determining the disposition of juvenile offenses in Johnson County and Wyandotte County, and the range of community-based treatment and diversion programs that can often serve as a useful alternative to the criminal justice system.
For major criminal offenses, such as homicide, sexual assault, or aggravated assault and battery, questions often arise as to whether the defendant will be tried as an adult. There is no right to trial by jury in the juvenile court, and you don't always get the same rights with respect to evidence and testimony before a juvenile judge. For the most serious crimes, the prospect of a 30-year prison sentence if found guilty provides a powerful incentive to keep the case in juvenile court whenever the risk of conviction appears substantial.
My juvenile defense practice relies heavily on pre-trial advocacy. Not only do we move to suppress evidence, to sever proceedings involving multiple defendants, and for the usual range of tactical advantages sought in motions in limine, we also concentrate on the amenability of the juvenile defendant to treatment in the juvenile system. I therefore tailor my defense services to the specific needs and characteristics of your child in the light of the charges he or she is facing.
- State Drug Crimes
Unlike federal drug cases, which usually involve a large volume of controlled substances, intricate distribution networks, and long-running investigations, Kansas drug crimes can involve any substance, in any amount, and often involve illegal drugs seized at the scene of another crime, such as domestic violence, or motor vehicle offenses such as vehicular homicide, reckless driving, or even DUI.
Because the drug crime arrest is often unplanned by the police, the opportunity for suppression of the evidence on the basis of insufficient probable cause or an illegal search and seizure are often greater in the state courts than they are in the federal system. Because the drug charges in a Johnson County prosecution might be unrelated to the other charges involved, they can also factor into a rather complicated sequence of plea negotiations.
Depending on your prior criminal history, the quantity and nature of the drug involved, and your eligibility for diversion or treatment, the prospects for a satisfactory resolution of your case through a plea agreement are often promising. There are many situations, however, where it's to your advantage to fight the charges in court - every case is different.
- Domestic Violence
Kansas law defines battery as any physical contact in a rude, angry, or insulting manner, whether or not injury results. If that conduct occurs between any two individuals who share a household, even roommates, the prosecutor can file charges of domestic violence.
Domestic violence laws apply to any two parties living together, including unmarried couples and roommates. A first offense that does not result in physical injury is likely to be charged as a misdemeanor. Conviction can result in jail time, court-ordered batterers’ intervention classes, and limitations on the right to own or possess a firearm. Subsequent offenses, and offenses involving serious violence and injury, are likely to be charged as felonies, and carry far greater consequences.
- Criminal Child Neglect & Abuse
Child abuse or criminal child endangerment are serious charges that often arise against child care professionals, such as teachers, day care workers, foster parents, babysitters, or the live-in boyfriends of unmarried mothers. These charges can also involve serious administrative procedures against the defendant's professional license to teach or care for children.
I can defend you in all aspects of your child abuse or child endangerment case. Especially when parents are facing the charges, these proceedings are usually filed in connection with a Child Protective Services (CPS) case to remove a child from an allegedly negligent parent's home.
- Probation Violation
A common misconception in sentencing is that “I only got probation.” Probation is not given instead of jail time. Rather, jail time ordered but is suspended only for as long as the defendant satisfies all terms of probation. The full sentence can be executed by a judge if any of the probation terms are violated.
If you have been arrested for violating probation or notified that you must appear in court on revocation of your probation, it is very important to have solid legal representation at the hearing. Contact Kansas probation violation attorney Paul D. Cramm for experienced legal counsel in these very serious matters.
- State Appeals
I have extensive experience handling criminal appeals. While trying my own cases, I'm able to control the development of my own record on appeal and take advantage of what appear to me to be the appealable errors made by the trial judge or the prosecutor. In handling the appeal of cases defended by other lawyers at the trial court level, I'm able to bring a fresh set of eyes to the issues developed and presented at trial. In either case, my appellate brief is always based on a rigorous review of the entire record of the pre-trial and trial proceedings, as well as on thorough and incisive legal research. Among the issues I can consider for assignment of error in a Kansas criminal appeal are the following:
* Mistakes in rulings on pre-trial suppression or severance motions
* Errors in evidentiary rulings to admit or reject evidence
* Misinterpretations of Kansas criminal statutes
* Prejudicial remarks of prosecutors, court officials, or the trial judge
* Mistakes in the jury instructions
* Errors in the application of the sentencing guidelines or the calculation of criminal history points
Because it's usually necessary to show that the errors in the conduct of the trial actually worked to the disadvantage of the defendant, I'm always careful to show exactly why the errors assigned should result in the reversal of your conviction or the recalculation of your sentence. I present your strongest arguments in a tightly reasoned and clearly presented argument that keeps its focus on the main objective - demonstrating why you're entitled to the specific relief sought.
- Shoplifting Defense
Shoplifting is not always a simple misdemeanor matter handled in Municipal Court. Depending on the value of the merchandise involved and applicable prior convictions, shoplifting can be charged as felony theft and prosecuted in District Court. Simply removing the retailer’s theft-detection device can be charged as a felony -- even if you do not succeed in leaving the store with the merchandise. If you are charged with shoplifting or theft from your employer, you need strong advocacy to defend your rights and push for the best outcome available in your circumstances.
- Kansas Sentencing
Anytime you are facing felony charges, it is absolutely essential to know what potential sentencing risk you face. In the state of Kansas, the imposition of a sentence for a felony conviction is controlled by the Kansas Sentencing Guidelines. The ‘goal’ of the legislature in adopting the guidelines is to ensure consistency and uniformity in the imposition of sentences for comparable offenses when committed by similar offenders.
If you are convicted of a felony crime in the state of Kansas, your sentence is determined by two separate but closely related factors. The first factor that contributes to your ultimate sentence is the Severity Level of the felony offense you have committed.
The second factor that contributes to your ultimate sentence is your Criminal History. In Kansas, a person’s Criminal History Score is classified by letters “A” through “I.” Criminal History Score “A” is the highest Criminal History Score representing 3 or more felonies against persons such as assault, battery, rape or murder. Criminal History Score “I” is the lowest Criminal History Score representing only 1 misdemeanor conviction or no criminal record at all.
Sex Crimes
- Jessica's Law
In 2006, the Kansas Legislature passed House Bill 2576 - "Jessica's Law" - which provides significant increases to penalties for sexual offenses involving minors. In fact, a conviction for certain offenses could result in a sentence of Life in Prison with no possibility of parole. Even persons with no criminal history whatsoever could face a sentence of Life in Prison with no opportunity for parole for a period of 25-40 years under Jessica's Law.
Essentially, Jessica's Law provides that anyone over the age of 18 who is convicted of certain listed sex offenses with a minor under the age of 14 will be subject to a sentence of Life in Prison. Depending on the person's prior criminal history and the specific nature of the offense, they may be eligible for parole after serving 25 or 40 years, or may never be eligible for parole. Many subtle and inter-related factors will determine which sentence may ultimately be imposed if convicted under Jessica's Law.
- Sexual Assault
If you're facing felony charges of rape, sodomy, sexual assault, or indecent liberties with a minor, contact my law firm in Olathe for experienced and resourceful defense. I represent persons accused of charges ranging from forcible rape to sexual battery with a date or acquaintance. I also handle cases involving statutory rape, indecent liberties, and federal charges of child pornography or solicitation of sex with a minor over the Internet.
The term rape itself makes many people think of an evil stranger lurking in the bushes, awaiting the chance to prey upon an unsuspecting victim. While these cases do occur, most rape charges involve sexual contact between people who know each other or even live together.
Any kind of unwanted sexual contact, kissing, fondling, or sexual touching short of actual intercourse is a potentially serious sex offense charged as "sexual battery" or "sodomy". Rape, meanwhile, requires actual and non-consensual vaginal penetration.
Whether you're charged with criminal sexual assault with a stranger, or instead face an accusation of coercive or aggressive sexual behavior from a date, a girlfriend, or even a spouse, I can help you. My experience with the investigation and presentation of evidence on issues of consent, resistance, or the defendant's failure to break off a sexual encounter can help defend you against these charges both before and during trial.
- Statutory Rape
Unlike criminal sexual assault charges involving adults, any sexual activity involving someone under the age of 16 in the state of Kansas is criminal by definition. If you're facing charges of statutory rape, Internet solicitation , or indecent liberties with a minor in Kansas, even the enthusiastic participation of a "victim" under the age of 16 will get you nowhere as a defense. Contact my criminal defense law firm in Olathe, Kansas for specific advice about your situation.
In Kansas, persons under 16 are viewed as legally incapable of consenting to sexual activity of any kind. Offenses involving sex individuals under this age are generally known as "statutory" rape because of the legal statute that defines the age of consent. Even teenagers in high school can get into a lot of trouble when one is over 16 and the other is younger.
Indecent liberties with a minor, the formal Kansas term for sex with a person younger than 16, is a very serious offense and carry a presumption of a prison term under our sentencing guidelines if you are found guilty. Aggravating circumstances, such as a very young victim, physical force or coersion, or extensive or repeated sexual activity, can increase the length of a prison term.
- Child Pornography
Just as Kansas law prohibits sexual activity with anyone under 16; both state and federal laws prohibit the photographic or video depiction of any sexual or nude activity of any person under 18 years old. By law persons under 18 are legally incapable of consenting to nude photography or videotaping. The irony is not lost on most defense lawyers that the law deems an individual capable of voluntarily consenting to sexual intercourse at age 16, but incapable of consenting to visual depiction of that otherwise "lawful" act.
If you're under investigation or facing federal charges of child pornography, contact my federal criminal defense law firm in Olathe, Kansas, immediately. There is simply too much at stake to face these charges without the advice of skilled and experienced criminal defense counsel in your corner.
If you are convicted of simple possession of child pornography at the federal level, you are facing a mandatory minimum sentence of 60 months. That's five years - no probation, no parole, no supervised release. More severe penalties are reserved for those who produce, distribute, transmit, advertise, or profit from child pornography in any medium.
- Internet Solicitation
Just as in child pornography possession cases, both state and Federal laws have been tightened up to defeat and invalidate prior successful defences to Internet solicitation charges. Before the advent of new laws that specifically prohibit the mere sending of the electronic message, prosecutors proceeded under the theory of "attempted" indecent liberties with a minor. In those cases, defense counsel could raise numerous legitimate defences associated with the issue of whether or not the Defendant had made a "significant" step toward completing the underlying offense.
For example: did the Defendant actually travel to the agreed meeting location; did the Defendant intend to complete a physical sexual act; was an actual minor even involved? Now prosecutors no longer have to prove whether the defendant took any steps toward the completion of actual sexual activity with the alleged underage girl. Since the latest Kansas amendments to the law in 2006, simply soliciting sexual activity via the internet from a 'purported' child under 16 may be sufficient to support prosecution and conviction.
DUI / DWI Offenses
- DUI Defense
If convicted of driving under the influence, you stand to lose your driving privileges, pay steep fines, pay significantly increased insurance rates, and potentially suffer social embarrassment and damage to your reputation. Even a first offense DUI carries a mandatory minimum jail sentence and can result in sanctions at your place of work (including termination)
If you are pulled over and charged with DUI, it is critical to contact an experienced drunk driving attorney as soon as possible. Even if you submit to field sobriety tests, it is best not to give any statements to the law enforcement officers. The prosecution is sure to use anything you say to the arresting officer (“I only had two beers”) against you in court.
Effective defense requires thorough knowledge of the enforcement and prosecution of drunk driving charges, which differ among the Kansas and Missouri communities in the Kansas City metro area. I am Paul Cramm, an experienced attorney whose practice is limited exclusively to criminal defense, and I know the DUI laws in depth. In planning a drunk driving defense strategy, experience has taught me to carefully consider:
* The initial traffic stop – Did the officer have a valid reason to stop the suspect?
* The DUI investigation – Did the officer have valid suspicion of elevated blood alcohol content?
* The field sobriety tests - Did the officer correctly administer roadside sobriety tests and blood alcohol concentration (BAC) tests?
* The chemical test at the station – Did the officer follow required protocol for administration of the Intoxilyzer Test?
Any of these issues may provide a strong basis for a motion to dismiss the case or to successfully challenge the sufficiency of the evidence at trial. We look at everything in order to obtain the best possible outcome for our clients.
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Mr. Paul D. Cramm
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