Kansas Criminal Defense

Learn More

Drug Charges Lawyer

Learn More

Juvenile Criminal Defense

Learn More

Contact Vincent Rivera

Vincent Rivera Johnson County Criminal Defense

What is a trial lawyer?

Learn More

Federal Drug Lawyer

Learn More

Juvenile Criminal Defense

Learn More

Contact Vincent Rivera

Vincent Rivera Johnson County Criminal Defense

success as a trial lawyer

Won a jury trial against THE County Attorney. Felony DUI jury trial, that included cross-examining KBI expert witness, and cross-examining a surprise rebuttal witness. Case theory: drinking occurred at Defendant’s residence, after he drove. Client remains felony free.

At jury trial, client acquitted of possession with intent to distribute. Facts: after a brief car chase, client was charged with drug distribution, for 9 baggies of drugs found around the corner from the stop/arrest. Jurors acquitted based largely upon the sloppy evidence preservation by officers, as highlighted through cross-examination.

Not-guilty of felony aggravated battery, where client faced a 5 year prison sentence. Client was accused of punching “victim” causing substantial facial injury, and a broken ankle upon collapsing. Case theory: client never hit “victim”, and injuries were caused when she drunkenly fell. Trial included cross examining emergency room doctor, who was also allowed to testify as a “martial arts expert.” Defense retained a plastic surgeon expert witness. After trial, the Judge told me that I gave one of the best closing arguments she has ever heard.
Client acquitted in a jury for criminal threat. Facts: client was incarcerated in solitary confinement, where he allegedly threatened a correctional officer. During jury trial the State was able to come up with little evidence to support their allegations. During the Defense’s case, jurors heard from two witnesses who showed that no threats were made, and also the correctional officer harassed my client by blasting Ludacris “yous a hoe” into his cell for nearly an hour.

motions

My client and a friend were standing outside a motel entrance. An officer, acting without any indication of criminal activity, conducted a “pedestrian check.” Soon multiple officers arrived, and unconstitutionally subjected the men to search after search after search, none of which produced any incriminating evidence. Eventually, the officers obtained “consent” to search their room where drugs were found. After appealing the District Court’s ruling, the Kansas Court of Appeals agreed the eventual search of the motel room was unconstitutional. The Court’s opinion can be read at: http://www.kscourts.org/Cases-and-Opinions/opinions/CtApp/2013/20131213/108949.pdf

Officers received reports of a “disturbance” in an apartment complex’s parking lot. Upon arriving at the scene, officers discovered everything was calm and no disturbance was taking place. None the less, when officers saw my client in the area they illegally detained him and “ran” him, discovering a warrant. During the arrest for the warrant officers found him in possession of drugs. Fortunately, his detention, “running,” arrest and search were found to be unconstitutional and the evidence was suppressed.

Client was charged with Indecent Solicitation of Child, which requires lifetime post release supervision. At sentencing, we objected to the imposition of lifetime post-release on the grounds that it is unconstitutionally disproportionate. The judge granted our motion, and imposed a 60 month period of post-release supervision.

Successfully suppressed search of defendant’s home, where the officers and prosecutor tried to use the emergency exception to the warrant requirement.

Successfully suppressed client’s consent to search and statements. Client was present at someone else’s house when a search warrant was executed. Police illegally detained, questioned and obtained consent to search her car.

negotiation

During SFSTs, client clearly told officers that he had medical problems which would prevent him from performing the tests. Officer’s didn’t care, and arrested him based on his performance, no breath test. Based on a letter from the client’s doctor, which said there is no way client could perform the tests the State dismissed the felony. We plead to traffic infractions, unsupervised probation, and no jail time.

hearings

Represented a client who had 4 co-defendants, all co-defendants had council with 10+ years of experience. All codefendants plead to criminal charges. Noting the lack of evidence I encouraged my client to take the matter through prelim. After hearing the evidence, the Judge found there was no probable cause and the case was dismissed.

During a felony DUI prelim, the State attempted to introduce a breath test result of .152. However, while the State was laying foundation, I asked to inspect the Officers certification. It turned out that the Officer was not certified to operate the Intoxilyzer 8000 at the time of the arrest. Eventually, we made a deal for misdemeanors. Client remains felony free.

other

Former client is sitting in my office facing new charges. Client says to me “[cops] asked for permission to search my car, and I remember you told me to ‘always say no,’ so I told them they couldn’t.”