Legal Question in Criminal Law in Kansas

Re: Aresting officer

Not knowing anythin else about your case, i think your hopes are too high. However, if the arrest was based on a statement of probable cause by the arresting detective, and the detective who made the signed statement was not present at the time, than you may have something that could be used in your defense. I suggest you get copies of all of your arrest paperwork (reports, etc.) and take them to an attorney in your area. Perhaps the switch in names could be used to your defense. But, I doubt that it will be enough to get you off, as detectives don't ordinarily arrest based on what they observed at the moment before arrest. They may allege that they observed other activity previous to what the arresting officer says he/she saw.

Good Luck,

Tony Smith

Re: Aresting officer

As a prosecutor in my area, I can tell you that it is my practice to have the Chief of a Division, who has monitored and supervised a case, sign every complaint, rather than an officer who may have personally worked the case. The specific officer who personally investigated the case is listed as a witness.