John W. Kerns
Of Counsel
BIO
John Kerns has been protecting individual’s Constitutional rights for over 20 years. John strives to minimize or eliminate any potential criminal penalty that you may encounter. John's goal is to provide you with the best quality legal representation available. John zealously and aggressively fights for his clients, approaching every client as a dignified individual with a focus on integrity, advocacy and understanding. John has more than two decades of experience providing criminal defense representation for individuals charged with violent, drug, property, and white-collar crimes throughout the State of Kansas. John has utilized and developed thorough and effective investigation, discovery review, pre-hearing and trial preparation and presentation skills, along with extensive and effective negotiation and client communication proficiency.
In addition to accepting retained cases in Federal Court, John is a Federal Criminal Justice Act Panel attorney representing indigent clients charged with federal crimes in Kansas. The Criminal Justice Act Panel is a group of qualified attorneys, selected by a committee of judges and experienced attorneys to represent individuals in criminal cases who are financially unable to retain counsel. John has conducted countless state level jury trials and has represented the accused as lead counsel in numerous Federal criminal cases. These Federal cases cover a wide gamut and include cases such as tax fraud and drug distribution conspiracy, as examples.
While a lifetime member of both the National Association of Criminal Defense Lawyers and the Kansas Association of Criminal Defense Lawyers, John has developed a reputation of providing thorough, smart and passionate criminal defense representation for his clients. Skilled in planning, preparing, and managing high-profile cases, John combines analytical, investigative, organizational, negotiation and litigation experience to prepare and conclude cases. John is regularly involved in complex, high-level litigation. John W. Kerns is proud of choosing a career that allows him to take on powerful governmental entities (and win). John‘s motto is, ”Bring it on!"
Representative Matters:
FIRST DEGREE MURDER JURY TRIAL RESULT: DEADLOCKED (11 NOT GUILTY, 1 GUILTY), RETRIAL RESULT: CASE DISMISSED ONE WEEK PRIOR TO TRIAL
FIRST DEGREE MURDER & CONSPIRACY TO COMMIT MURDER JURY TRIAL RESULT: DEADLOCKED. STATE AMENDED WITNESS LIST TO INCLUDE PREVIOUS CLIENT CREATING CONFLICT OF INTEREST
ATTEMPTED FIRST DEGREE MURDER JURY TRIAL RESULT: NOT GUILTY
ATTEMPTED SECOND DEGREE MURDER; INTENTIONAL & POSSESSION OF FIREARM JURY TRIAL RESULT: NOT GUILTY
AGGRAVATED INCEST (4 COUNTS) & INDECENT LIBERTIES 1ST JURY TRIAL: GUILTY OF 4 COUNTS OF AGGRAVATED INCEST. MOTION FOR NEW TRIAL SUSTAINED. JURY RETRIAL RESULT: NOT GUILTY ALL COUNTS
AGGRAVATED INDECENT LIBERTIES JURY TRIAL RESULT: NOT GUILTY
FORCIBLE RAPE RESULT: CASE DISMISSED AFTER PROBABLE CAUSE FINDING AT PRELIMINARY HEARING DUE TO DNA TEST RESULTS EXONERATING CLIENT
RAPE JUDGE PERSUADED TO NOT FOLLOW JESSICA'S LAW 25 YEAR MANDATORY MINIMUM, RESULT: SENTENCING RANGE REDUCED BY 11 YEARS
AGGRAVATED CRIMINAL SODOMY SENTENCING RANGE 25 YEARS TO LIFE. NEGOTIATED RESULT: PROBATION
FORCIBLE RAPE NEGOTIATED RESULT: AMENDED TO LESSER CHARGE WITH JOINT PROBATION PLEA RECOMMENDATION (BUT JUDGE ORDERS PRISON FOR 3 YEARS ON THE LESSER CHARGE)
ATTEMPTED ROBBERY & AGGRAVATED BATTERY CASE DISMISSED AFTER BEING BOUND OVER AT PRELIMINARY HEARING
AGGRAVATED BATTERY JURY TRIAL RESULT: NOT GUILTY
AGGRAVATED BATTERY JURY TRIAL RESULT: NOT GUILTY
AGGRAVATED ASSAULT JURY TRIAL RESULT: NOT GUILTY
FELONY THEFT CASE DISMISSED AFTER STATUTE OF LIMITATIONS MOTION SUSTAINED
FELONY DUI JURY TRIAL RESULT: NOT GUILTY
FELONY DUI JURY TRIAL RESULT: DEFENDANT'S MOTION TO DISMISS SUSTAINED AFTER PRESENTATION OF STATE'S CASE
MISDEMEANOR DUI CASED DISMISSED DUE TO UNTIMELY DISCOVERY DISSEMINATION
POSSESSION OF METHAMPHETAMINE CASE DISMISSED
AGGRAVATED ARSON & ARSON NEGOTIATED RESULT: PROBATION WITH NO JAIL TIME AS CONDITION OF PROBATION
POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA & PARAPHERNALIA; POSSESSION WITH INTENT TO USE FELONIES NEGOTIATED RESULT: DIVERSION
POSSESSION OF AMPHETAMINE & POSSESSION OF MDMA CASE DISMISSED
CONSPIRACY TO COMMIT MARRIAGE FRAUD; FALSE STATEMENT TO THE GOVERNMENT; FRAUD AND MISUSE OF IMMIGRATION DOCUMENTS; UNLAWFUL PROCUREMENT OF CITIZENSHIP OF NATIONALIZATION CASE DISMISSED
CRIMINAL THREAT RETAINED AFTER PRELIMINARY HEARING WAIVER; RESULT: CASE DISMISSED
ATTEMPTED FIRST DEGREE MURDER NEGOTIATED RESULT: AMEND TO ATTEMPTED SECOND DEGREE MURDER AND CRIMINAL THREAT. DEFENDANT'S DOWNWARD DISPOSITIONAL DEPARTURE MOTION SUSTAINED. RESULT: PROBATION
MAKING FALSE INFORMATION FELONY CASE DISMISSED
FELONY DUI CASE DISMISSED AFTER MOTION CITING CONSTITUTIONAL AND STATUTORY SPEEDY TRIAL RIGHTS VIOLATIONS
POSSESSION OF MARIJUANA CASE DISMISSED
AGGRAVATED ARSON (4 COUNTS), AGGRAVATED ENDANGERING A CHILD (3 COUNTS) NEGOTIATED RESULT: PROBATION WITH NO JAIL TIME AS CONDITION OF PROBATION.
*Every Case is Unique
JUST LIKE EVERY CLIENT, EVERY CASE IS UNIQUE. THESE CASE RESULTS ARE SAMPLES OF PREVIOUS CASES, BUT ARE NOT A GUARANTEE OR PREDICTION AS TO ANY FUTURE CASE
EDUCATION
Juris Doctor, Washburn University School of Law, 2001
University of Limerick, Limerick, Ireland, Comparative Legal Studies Semester 1999.
BA, University of Kansas in Environmental Studies, 1998
BAR ADMISSIONS
Kansas
United States District Court for the District of Kansas
United States Court of Appeals for the 10th Circuit
AFFILIATIONS
National Association of Criminal Defense Lawyers, Life Member
Kansas Association of Criminal Defense Lawyers, Life Member
Association of Defense Counsel Practicing Before the International Courts and Tribunals, Full Member
Topeka Bar Association
Contact John W. Kerns
Phone: 785-380-7947
Fax: 785-371-1266
Email: john@thedavidlawoffice.com
