Criminal Defense 

 There is an old saying, "An attorney who represents himself in a criminal case has a fool for a client." In a criminal case, you need an attorney.

As a former prosecutor, Mr. Copeland has the experience of being on both sides of the courtroom. Therefore, he is uniquely able to offer seasoned and well-rounded advice. No matter what you're up against, we can help you take care of your needs. Contact us today to learn more.

A criminal charge or arrest can be one of the most anxiety and fear-producing feelings that a person can experience. Since the consequences are so serious, you need an attorney from the investigatory stage through the trial and sentencing stage. I tell my clients that there are a number of possible outcomes and alternatives. 

There are factual defenses and legal defenses. Possible factual defenses include: a misidentification where the police have the wrong person; or, that the substance law enforcement has seized is not marijuana, but instead oregano; or, that the facts claimed by the victim or law enforcement did not happen the way it is alleged.

Legal defenses would fall under the following categories: an illegal stop, an illegal search, an illegal detention, violating somebody’s right to remain silent, etc.

ILLEGAL STOP: Law enforcement officers were searching for a suspect of a serious crime. They were conducting surveillance on a house. My client and friend drove to the house in question and entered the home. Shortly thereafter, client and friend leave the home. Neither my client’s car nor my client matched the description of the suspect. My client was immediately stopped and the car is searched. Drugs were found and my client was arrested and charged. I filed a motion to suppress and argued that law enforcement did not have reasonable suspicion to stop my client. The Judge agreed and suppressed the evidence. The District Attorney ultimately dismissed the case. Law enforcement officers must have reasonable suspicion to stop a vehicle. Remember, a traffic infraction is reasonable suspicion. Make sure you follow all traffic laws. (4th Amendment stop)

ILLEGAL SEARCH: Officers had a felony warrant for my client. They went to his house and knocked on his door. He was not home. They turned the knob and the door was open. They went in and searched his house and found marijuana under a bed in the back bedroom. I argued that the evidence was not in plain view and this was an illegal search. The Court agreed and ruled that the police were not in a place where they were lawfully permitted to be. Therefore, the search was illegal and the evidence was thrown out. The case was dismissed. (4th Amendment Search)

The Supreme Court of the United States in the case of Terry v. Ohio, and the Kansas Statutes, both state that a police officer cannot stop and detain you unless he has reasonable suspicion that you are committing a crime, have committed a crime in the past, or about to commit a crime. That officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion. What this means is that a police officer cannot just stop you because he thinks you look suspicious. In addition, he cannot stop your car unless he has reasonable suspicion that you have committed a crime or a traffic infraction. A traffic infraction does allow an officer to stop your car. Therefore, make sure you wear your seat belt. Too many of my clients have been stopped for just a seat belt violation that leads to more serious charges.

Advice to all citizens – “the Fourth Amendment to the Constitution says that no warrant shall be issued but upon probable cause”. However, if you consent to a search, then there is no Fourth Amendment violation. Do not consent or agree to a search of your home, car, or person. If you do, then you are giving up a very important constitutional right. Demand that the police office gets a search warrant!

The Fifth Amendment to the Constitution says you have the right to remain silent, and no one can be forced to testify against themselves. DO NOT TALK TO THE POLICE!

When they give you the Miranda warnings that say you have the right to remain silent and you have the right to an attorney, tell them you want an attorney and that you are not going to say anything until you have talked to an attorney.

The Sixth Amendment is the right to counsel. You have an absolute right to an attorney at all stages of proceedings. If you are taken into custody and the police want to question you, invoke your right to an attorney. DO NOT TALK TO THEM WITHOUT COUNSEL.