A Kansas Doctor's Plea Upheld by Federal Courts

November 28, 2012

A Kansas Doctor's Plea Upheld by Federal Courts

Recently, a Kansas doctor pled guilty to a crime and that plea is coming back to haunt him. The doctor is now coming forward to say that that plea was not accurate. A federal judge denied the doctor's claim and upheld the doctor's testimony as proof of his guilt.

The Denial

The doctor had earlier pled guilty to prescribing painkillers in an unlawful manner to a woman that he did not know according to an article in The Republic. When the doctor pled guilty, he stated that he was unaware of the consequences of doing so. Simmons stated that he was not under the understanding that his license would be revoked while on probation. He blames his ex-attorney, saying that he did not completely explain what would take place in making the plea.

When Simmons brought this claim before the judge, the judge denied him the opportunity to challenge his conviction. The judge believed that Simmons had ample opportunity to speak up while entering the plea and he did not do so. He willingly admitted that he committed the crime and his guilt is not in question. As a result, the judge simply felt the doctor was trying to "weasel" out of responsibility.

The Importance of Legal Assistance

When an individual faces criminal charges, the hiring of an experienced criminal defense attorney can help ensure his or her rights are protected throughout the legal process. An attorney will not only share his or her knowledge with the client but guide the actions of the client to avoid legal missteps that threaten the defendant's best possible outcome. When clients are unaware of the repercussions of their actions in a courtroom, like the doctor in taking a plea, unsatisfactory consequences can result.

Attorneys must also ensure that their clients are not just well informed, but also well versed on procedure. When the doctor gave testimony on the issue and made the plea, he was stating something in the court that is considered to be "the whole truth." This information is taken at face value and judges will hold the information as valid if there is no objection to its admission as evidence. Trying to revoke one's testimony is a very difficult and trying process and is often unsuccessful.

When up against a criminal claim, legal assistance is of the utmost importance. Calling upon an experienced criminal law attorney and selecting that attorney carefully is an crucial decision. If you face criminal charges, contact an experienced criminal defense attorney to preserve and protect your legal rights.

Article provided by Kerns Law Office
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