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I handle only criminal
defense cases.
I have spent over 30 years developing my expertise and reputation
in this field of practice.
As an AV Rated attorney, I have the earned
the respect and trust of clients, lawyers, and judges in Kansas
City and throughout Western Missouri. My dedication to criminal
law is well known. My colleagues and I founded the Missouri Association
of Criminal Defense Lawyers and I served as its president. I have
also been a frequent lecturer for the Missouri Bar, speaking to
lawyers on a wide range of topics in criminal defense practice.
The
AV rating is the highest rating available for legal ability and ethical
standards in Martindale Hubbell. This lawyer rating system is part
of Martindale Hubbell’s
service to the legal community which evaluates lawyers and law
firms in the United States and Canada based on peer review.
Experience:
Over 150 criminal jury trials
Frequent speaker on criminal defense topics
Past President of the Missouri Association of Criminal Defense Lawyers
CHILD ABUSE CASES
Child Sexual Abuse and Child Physical Abuse
The mere accusation by a child that he or she has been abused by an adult is enough to convince many investigators, prosecutors, and potential jurors that the defendant is guilty. Even worse, the legislature has enacted laws designed to make it easier for prosecutors to obtain convictions in child abuse cases. The standard defenses used in other cases are not enough to overcome these obstacles.
Kansas City Criminal Defense Lawyer James Speck has years of specific experience successfully defending clients accused of child abuse. He understands the legal and scientific issues specific to these cases, and has established relationships with the expert witnesses who can
make the difference between victory and defeat. Contact us immediately so that James Speck can
start working to clear your name.
Preventing Child Abuse Charges from Being
Filed in the First Place
Kansas City Criminal Defense Lawyer James Speck has been successful in persuading prosecutors in several cases to decline charges against clients who have been accused. This won’t work in every case, but it can work in selected cases where there are problems with the credibility of the accuser, or where there is strong evidence of the client’s innocence. In these cases, James Speck’s skill and experience can spare his client months and even years of the stress, misery, publicity and expense that goes with preparing and trying a child abuse case. But it requires more than just asking nicely. Contact us immediately for a consultation to determine whether this proven strategy will work for you.
Cases Where the Client Does Not Deny the Abuse
Some clients come to us admitting the abuse and asking for help in getting treatment and avoiding prison. James Speck has succeeded in getting probation for clients in this situation. It is not easy. Often it requires months of careful preparation, and the skillful use of other professionals such as psychiatrists and psychologists. Then the case for probation must be carefully presented to the judge in the most thorough and effective manner. Kansas City Criminal Defense Lawyer James Speck has mastered these skills. If you find yourself in this situation, contact us immediately to put James Speck to work building the case to keep you out of prison.
DRUG CRIMES
Possession and Possession with Intent to Distribute
The 4th Amendment to the Constitution prohibits unreasonable searches and seizures. The Supreme Court has established rules that limit when the police can stop you, how long they can detain you, and what facts they must know to search you, your vehicle or your residence. If your lawyer can convince the judge that your rights were violated, the judge will not allow the seized evidence to be used against you in your trial. If this happens, you win. Kansas City Criminal Defense Lawyer James Speck has successfully excluded illegally seized evidence in many cases. Contact us today and put James Speck to work on challenging the illegal police actions in your case.
Conspiracy
Federal Prosecutors will usually file conspiracy charges in every drug case involving more than one defendant. In a conspiracy case, prosecutors do not have to prove that you committed the underlying crime, or even that you attempted to commit it. They must only prove that you agreed with someone else to commit the crime; and they can prove the agreement by circumstantial evidence alone. If you should be found guilty, prosecutors will ask the judge to sentence you as if you were responsible for all the drugs attributed to the entire conspiracy. Contact us immediately and put Kansas City Criminal Defense Lawyer James Speck to work attacking the government’s conspiracy
evidence against you.
The Prosecutor May Not Be Able to Prove
That You Were in Possession of the Drugs
If drugs were not found on your person, but instead were found in a vehicle or residence, the prosecutor must prove certain things to satisfy the legal elements that must be established to prove Possession of Controlled Substances. Kansas City Criminal Defense Lawyer James Speck has the skill and experience to identify the flaws in the prosecutor’s possession evidence and
attack it successfully.
MURDER AND ASSAULT CASES
Murder
Murder is the most serious crime a person can be charged with in the American Criminal Justice System. In Missouri, the maximum punishment upon conviction is either life, life without parole, or the death penalty. Prosecutors usually don’t offer acceptable plea bargains in murder cases, so they are almost always a fight to the finish.
Kansas City Criminal Defense Lawyer James Speck has tried over 30 murder cases and has been successful in many of them. In others, he has won dismissals for his clients through skillful use of depositions and pre-trial discovery to destroy essential elements of the prosecutor’s case. He has extensive experience with the scientific issues involving pathology, ballistics, psychiatry and psychology, child physical injury, and others, that commonly come up in murder cases. If you have been charged with the crime of murder, or believe that you are a suspect, contact James Speck immediately so that he can begin building a defense to
prove your innocence.
Assault
Assault crimes run the gamut from Common Assaults prosecuted in Municipal Court, to
the Class A Felony of Assault First Degree punishable by 10 years to life in prison. What they all
have in common is the far reaching collateral consequences of a conviction. Even a conviction for
a misdemeanor assault can put a permanent stain on your record that can be a life long obstacle to getting a good job. Assault first degree is classified as a “dangerous felony.” If convicted, you must serve at least 85% of your sentence before becoming eligible for parole. Kansas City Criminal Defense Lawyer James Speck has helped many clients avoid imprisonment and a criminal record for assault. Contact us and put our skill and experience to work for you.
PROBATION VIOLATIONS AND
EARLY RELEASE FROM PROBATION
Probation Violations
Many lawyers make the mistake of assuming that the judge will automatically revoke a client’s probation if the probation officer recommends it. This usually leads to a half-hearted approach that guarantees failure. The key is to bring the same energy and effort to defeating a probation revocation that you bring to a jury trial: thorough investigation, locating and interviewing helpful witnesses, and carefully presenting evidence at the hearing. Even in cases where the client has admittedly violated probation, a skillful, determined defense lawyer can often convince the judge to give him or her another chance.
Kansas City Criminal Defense Lawyer James Speck has saved many clients from revocation, even in cases where the probation officer has forcefully argued for prison time. Contact us immediately and let James Speck put his skill and experience to work for you.
Early Release from Probation
Many people on probation overlook this opportunity. A good rule of thumb is: if you have completed half of your probation term with no reported violations, and you have a good
relationship with your probation officer, you should try for early release. Kansas City Criminal
Defense Lawyer James Speck has represented ten clients on motions for early release. All of these
clients were released as requested. If you have a successful record on probation, put us to work o
n ending your probation supervision now.
EXPUNGEMENTS AND PARDONS
Expungement
Under Missouri law, arrests that did not result in criminal charges, or those where charges were filed but later dismissed, can be expunged under some circumstances. One of the elements that must be proven at a hearing, is that there is no probable cause to believe that the person committed the offense. Unfortunately, the law does not permit expungement of a conviction or a suspended imposition of sentence.
If you were arrested but not charged, or if the charges against you were dismissed, contact Kansas City Criminal Defense Lawyer James Speck for a review of your case to determine if you qualify for an expungement of your record.
Pardons
Since expungements of convictions are not available in Missouri, the only way to attack a criminal record that is standing in the way of your career and damaging your reputation, is to receive a pardon from the governor. Pardons are hard to get. Kansas City Criminal Defense Lawyer James Speck is one of the few lawyers in Missouri who have been successful in obtaining a pardon for a client. If you made a mistake earlier in your life, and have a conviction on your record that is causing you serious problems, contact James Speck immediately to determine if you would be a good candidate for a gubernatorial pardon. It may be possible to remove this
obstacle from your life.
Bar Admissions:
Missouri
U.S. Court of Appeals 10th Circuit
U.S. District Court Western District of Missouri
U.S. District Court District of Kansas
U.S. Court of Appeals 8th Circuit
Education:
University of Missouri School of Law, Columbia, Missouri, Juris Doctor
Washington University, St. Louis, Missouri, Bachelor of Science
Professional
Associations and Memberships:
Missouri Association of Criminal Defense Lawyers, Past President,
Founding Member,
Board of Directors
National Association of Criminal Defense Lawyers, Member
Kansas City Metropolitan Bar Association, Past Chair, Solo and Small
Firms Committee
If you are charged with a crime, no matter what the
charge, let me go to work to protect you. Contact
me to schedule an appointment.
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