Attorney Kalasnik defends people accused of crimes. The law states that anyone accused of a crime is presumed to be innocent unless or until proven guilty beyond a reasonable doubt. Attorney Kalasnik will defend against all allegations by taking his client’s case to trial, if necessary. In other cases, a client may agree to a reasonable plea bargain. The police are held accountable for their actions when someone's constitutional rights may have been violated. Attorney Kalasnik will seek to have charges dismissed when appropriate. Attorney Kalasnik provides representation from the start to the end of every case. This includes consulting and advising before charges are filed, representation at preliminary hearings and through the entire court process including appeals to higher courts, if necessary.
It is best to talk to a defense attorney as soon as you think you might be suspected of a crime even before charges are filed. The sooner you discuss your situation with an attorney the better he can protect you.
What is Criminal Law?
A criminal case formally begins when the police file a criminal complaint accusing someone of one or more crimes. However, the criminal investigation may precede the criminal complaint by many months. Anyone who thinks they are being investigated by the police should immediately discuss the matter with a defense attorney. After the criminal complaint containing charges is filed a preliminary hearing is scheduled before a local district judge (sometimes called a “Magistrate”).
A preliminary hearing is not a trial. It is sometimes called a “probable cause” hearing. Basically, the police must simply present some evidence that, if taken as true, points towards the accused having committed the crime(s). The district judge acts as a gatekeeper to insure that at least a minimal amount of evidence exists to criminally charge the accused. When there is enough evidence the case is sent to county court where it is generally resolved through a trial or by negotiating a plea bargain.
The preliminary hearing is a critical stage in the case for the accused and his attorney. Even though the accused will not generally present any defense evidence or witnesses at the hearing, it is an opportunity to test the police evidence and preliminarily assess the strength or weakness of the case against the accused. The accused person should never waive the right to a preliminary hearing without carefully discussing the matter with his defense attorney.
After the preliminary hearing when the case is moved to county court the accused person may request “discovery” from the district attorney who prosecutes the case. Upon such request, the district attorney must turn over the complete file that he or she is using to prosecute the accused. This information is extremely valuable in preparing a defense and requires a defense attorney to carefully analyze the information to prepare his defense of the accused.
Depending upon all of the circumstances of the case, the accused may have his attorney negotiate a plea bargain or defend against the charges at trial. The decision to take a plea bargain or go to trial depends on many factors and should be thoroughly discussed with the accused’s defense attorney.
Once the decision to negotiate a plea bargain or go to trial is made then your defense attorney will work to obtain the best plea bargain possible or prepare the strongest possible defense at the trial to obtain a not guilty verdict.
What type of cases fall under Criminal Law?
■ Retail Theft
■ Bad checks
■ Receiving stolen property
■ Simple assault
■ Aggravated assault
■ Reckless endangerment
■ Terroristic threats
■ Firearm offenses
■ Sexual assault
■ Indecent assault
■ Sex offender registration violations
■ Drug possession
■ Drug paraphernalia
■ DeliverY, distribution or sale of drugs
■ Plea bargains
■ Leniency and sentencing
■ Preliminary hearings
■ Suppression of evidence
■ Constitutional rights
■ Magistrate or District Judge hearings
■ Summary violations and appeals
■ Criminal appeals
How much will it cost to a hire a defense attorney?
The fees and costs for representing someone accused of a crime or who is suspected of committing a crime vary widely. Fees depend on the seriousness and complexity of the charges as well as the facts of the case. I will carefully discuss your case with you and evaluate it fairly and honestly. Many times I can give very encouraging advice after evaluating a case. Other times, defending a case is more challenging, but most cases can be won or resolved more favorably than you might think. I will always be honest with you about what you can expect in the case. I will explain my fees in advance and in writing. I will give you as much time as possible to pay the fee for my representation. Regardless of the fee that is charged, you should consider it a worthwhile expense since your reputation, employment, standard of living, freedom, and many other rights you take for granted are at stake.
How will I know what is going on in my case?
I will keep you informed of all developments in the case in writing, by phone, or through office meetings as necessary. You have the right to know about everything that happens in your case as well as what you can expect in the future. I will respond promptly to phone calls, e-mails, or other messages I receive from you.
What should I bring to the initial consultation
with my defense attorney?
You should bring all paperwork relating to your case, especially court papers. This includes the criminal complaint and Affidavit of Probable Cause, court papers you receive from the District Judge office and any other papers you receive from the police or court. I will make copies of your papers so that you can have a set for yourself. If there is a charge for your initial consultation you should bring payment at the time you meet with me. My assistant who schedules your appointment will tell you whether there will be a consultation fee, otherwise, you are not required to pay the retainer fee to hire me at the initial consultation. I will explain the fees required to hire me and the timetable for paying them when you meet with me.
How long will my case last?
The length of your case depends on many factors which I will discuss with you during our initial consultation. Some cases can be resolved quickly and last only a few weeks. Others, especially where your case will be going to trial, will last much longer. I will give you the best estimate possible for the length of time your case will last.
What is Vehicle and traffic Law?
Rules and regulations governing the operation of motor vehicles are found in the Vehicle Code. This is separate from the Crimes Code which covers most other types of criminal offenses. From speeding tickets to serious DUI offenses, the Vehicle Code contains the rules and regulations for lawful operation of a motor vehicle and the penalties for violations. Even though the Vehicle Code is separate from the Crimes Code, penalties may still be severe and long-lasting. The penalties listed in the Vehicle Code include monetary fines, driver license suspensions, and prison. Additionally, violations may have severe consequences that you may not become aware of until it is too late to do anything about it. No matter what the violation, it’s crucial to discuss the matter with an experienced attorney who can explain what you’re up against before it’s too late.
Vehicle and Traffic matters include the following:
■ DUI / DWI
■ DUI Expungement
■ Traffic Violations
■ License Suspension
■ Vehicle Registration Violations
■ Reckless Driving
■ Speeding Tickets