Dan Monnat

Dan Monnat

Attorney Profile

Top Rated White Collar Crimes Attorney in Wichita, KS

Monnat & Spurrier, Chartered
 | 200 West Douglas, Suite 830
Wichita, KS 67202
Phone: 316-264-2800
Email: Dan Monnat
Selected to Super Lawyers: 2005 - 2017
Licensed Since: 1976
Practice Areas:
  • Criminal Defense: White Collar (50%),
  • Criminal Defense (40%),
  • Appellate (10%)
Attorney Profile

Daniel E. Monnat is the lead trial attorney at Monnat & Spurrier, Chartered, a criminal defense trial and appellate firm in Wichita, Kansas. A graduate of the Creighton University School of Law and Gerry Spence's Trial Lawyers College, Mr. Monnat is a two-term past President of the Kansas Association of Criminal Defense Lawyers, served eight years on the Board of Directors of the National Association of Criminal Defense Lawyers, and is a fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers and the American Board of Criminal Lawyers. From 2007 - 2011, Mr. Monnat served as a Governor's appointee to the Kansas Sentencing Commission. Acknowledging his 41-year career as a trial and appellate litigator and legal scholar, Mr. Monnat is frequently published and lectures throughout the United States on a variety of criminal defense topics.

Certificates and Credentials

About Dan Monnat

Admitted: 1976, Kansas

Professional Webpage: http://monnat.com/dan-monnat/

Honors and Awards:

  • America's Top 100 Attorneys Lifetime Achievement. Honored in the practice areas of Appellate Law, Criminal Defense Litigation and White-Collar Criminal Defense, 2017
  • Best Lawyers in America Wichita Lawyer of the Year: Criminal Defense:Non-White-Collar, 2014
  • Fellow, American Board of Criminal Lawyers, 2013
  • Best Lawyers in America Wichita Lawyer of the Year: Criminal Defense: White-Collar, 2012
  • Fellow - International Academy of Trial Lawyers, 2010
  • Fellow - Litigation Counsel of America, 2009
  • Fellow - American College of Trial Lawyers, 2002
  • Panelist - Merit Committee to select United States Magistrate for the United States District Court for the District of Kansas sitting in Wichita, Kansas, 1999
  • Fellow - Kansas Bar Foundation, 1999
  • Best Lawyers in America - 1990-2018
  • Who's Who Legal: Business Crime Defense, 2014-2017  
  • Who's Who Legal: Government Investigations, 2017  
  • Chambers USA Ranked Lawyer in White-Collar Crime and Government Investigations - 2011 - 2017
  • Martindale-Hubbell Rating:  AV Pre-eminent
  • American Trial Lawyers Association, Top 100 Trial Lawyers - 2007-2011
  • National Directory of Criminal Defense Lawyers - Editions 1-3

Special Licenses/Certifications:

  • Admitted to Nebraska Bar Association, Inactive Status

Bar/Professional Activity:

  • Life Member and Board of Directors Member, National Association of Criminal Defense Lawyers - 1996-2004
  • Board of Governors, Kansas Association for Justice - 1998-present - Eagle Member
  • Executive Committee and Criminal Law Chair, Kansas Association for Justice, 1999-2010
  • Board of Editors, Criminal Law, Kansas Association for Justice Journal - 1998-present
  • President, Kansas Association of Criminal Defense Lawyers - 1992-1995

Pro bono/Community Service:

  • Monnat & Spurrier, Chartered, contributes to financial scholarships for attendees to the Gerry Spence Trial Lawyer’s College. Dan Monnat contributes to the trial lawyers community, at the local, state, and national level, through his continuing legal education presentations, published articles on criminal law, and service on the Board of Directors of the National Association of Criminal Defense Lawyers, and on the Executive Committee of the Kansas Association for Justice.

Scholarly Lectures and Writings:

  • Defending The Accused before the Jury: Basics and Beyond. This CLE presentation by American College of Trial Lawyers Fellow Dan Monnat walks attendees through defending the accused from jury selection through closing argument., Wichita Bar Association, 2015
  • Technology for Litigators: Pointing and Clicking Our Way Through Trial focuses on the uses of technology directly related to trial practice. For instance, in what ways are we allowed -- or perhaps required -- to use social media to aid our pretrial investigations of jurors and witnesses? And what technologies might we be allowed or required to use in the courtroom?, Technology for Litigators: Pointing and Clicking Our Way Through Trial, Kansas Association for Justice Journal, 2015
  • Can I Get A Witness reviews some of the more quotidian aspects of witness management and offers a few basic reminders to help counsel avoid potential pitfalls when it comes to subpoenas, witness reimbursement, and witness sequestration., Can I Get a Witness, Kansas Association for Justice Journal, 2014
  • Most criminal-defense lawyers have a story to tell of a client who inspired them to take up or carry on the challenging work of defending. We’ve been telling these stories a lot this year, both in celebration of the golden anniversary of Gideon v. Wainwright, and to commemorate the lifework of Anthony Lewis, the great journalist who died this year after decades of giving voice to the powerless within our justice system. But we too often only tell these stories to each other — preaching to the choir, as they say. As public and private defenders, we offer this article to share with you, our other colleagues, why it is that you may find us so stubborn, obnoxious, and, yes, defensive, while representing our clients in the heat of trial or promoting their interests on the legislative floor. We offer this rather personal article in the spirit of collegiality, and in the hopes of contributing to a deeper appreciation of how a passionate commitment to criminal-defense work helps keep us all safe from injustice., Why Criminal-Defense Lawyers Love Their Work (And You Should Too), Kansas Association for Justice Journal, 2013
  • A legal review of the ways in which police lies are accepted within the Kansas justice system, and the subsequent harm that comes from them., To Protect and Serve...and Lie? Why Even 'Good' Police Lies are Bad for Kansas Justice, Journal of the Kansas Association for Justice, 2012
  • Time and again the Kansas Supreme Court has acknowledged its authority to interpret our Kansas Constitution in a manner different than the United States Constitution has been construed, and yet the Court has not traditionally done so.  This article aims to promote state constitutionalism in Kansas, and to offer a few tools and cautionary notes to those lawyers and courts who wish once again to see “Kansas at this time place herself proudly and firmly upon the ancient doctrine of State rights", The Loneliness of the Kansas Constitution, Kansas Association for Justice Journal, 2010
  • How to Free a 'Guilty' Client by Arguing Entrapment by Estoppel, by Daniel E. Monnat and Paige A. Nichols.  Discusses the often ignored common law and due process defense of "entrapment by estoppel" applicable when an official advises the accused that conduct is legal and the accused reasonably believes the official, The Champion, 2010
  • Crouching Tiger, Hidden Dragon: Kung Fu Strategies of the East for Courtoom Battles in the Wild, Wild West, Southwest Kansas Bar Association Annual Meeting Lecture.  Through storytelling and physical interpretation, Dan Monnat and Grace X. Wu-Monnat offer unique strategies for winning in court. This exciting CLE presentation combines the creative trial skills Dan Monnat developed over a 35 year career as a criminal defense attorney with the wisdom and fighting skills of the internationally renowned Chinese martial artist Grace X. Wu-Monnat.  Born in Shanghai, China, to an ancestry rich in the martial arts tradition, at age three, Grace began training with one of the most famous martial artists -- her grandfather, Grandmaster Wang Ziping. Besides operating the Grace Wu Kung Fu School, Grace has regularly served as a strategist and trial consultant.  This talk includes live martial arts demonstrations and a presentation referencing everything from recent United States Supreme Court decisions to Sun Tzu's The Art of War to The Tao Te Ching, 2010
  • Lessons in Life and Litigation from the Tragic Acquittal of Dr. George Tiller, National Association of Criminal Defense Lawyers, "Winning Trial Techniques," Aspen, Colorado, 2010
  • From the start of jury deliberations through the moment the jury is discharged, a host of legal questions arise, What to Do When the Jury is Out -- But the Legal Questions Keep Rolling In, Journal of the Kansas Association for Justice, 2009
  • Crawford: Past, Present, and Future, Joint Judicial Conference and 2009 KBA Annual Meeting Lecture.  A discussion of the United States Supreme Court decision in Crawford v. Washington as modified in the Davis and Hamon cases, 2009
  • The High Profile Case and the Unpopular Client, Nebraska Criminal Defense Attorneys Association Lecture.  Strategies for representing the high profile, unpopular client in a criminal case, both pre-trial and at trial, 2009
  • The law concerning what topics lawyers have the right to explore in determining bias in Kansas criminal cases, Legal Prescriptions for Diagnosing Bias During Voir Dire in Kansas Criminal Cases, Journal for the Kansas Association of Justice, 2008
  • Narcotics Detection Dogs: Putting on Your Own Dog and Pony Show, National Organization for the Reform of Marijuana Laws (NORML), 2008 Aspen Legal Seminar Lecture.  A discussion of the frailties of canine alerts in the detection of drugs and the Fourth Amendment implications, 2008
  • Oops! He Did it Again: The Britney Spears Defense in the Case of the Untruthful Child, Kansas Association of Criminal Defense Lawyers Fall CLE Lecture.  A discussion of the necessary pre-trial techniques for the defense of a false accusation of child sexual molestation, 2008
  • The Court's authority to disqualify a prosecutor when justice requires it, Sidelining the Prosecutor in a Criminal Case, Journal of the Kansas Trial Lawyers Association, 2007
  • The mechanics by which a conscientious lawyer may disqualify a biased judge, Unraveling the Woolsack: How to Recuse or Reverse a Biased Kansas Judge, Journal of the Kansas Trial Lawyers Association, 2006
  • An uncharged individual's right to learn the basis upon which law enforcement officers searched the individual's property, Unsealing Search Warrant Materials for Uncharged Clients, The Champion - National Association of Criminal Defense Lawyers, 2006
  • Chapter 14 of the Kansas Criminal Law Handbook covering sections on: Calculating Sentencing Guidelines, Sentencing, Procedures, Departures, Sentencing Options, Probation, Collateral Consequences, and Expungements, Kansas Criminal Law Handbook, 2006
  • Hearsay statements by children after the United States Supreme Court's decision on confrontation rights in Crawford v. Washington, The Kid Gloves Are Off: Child Hearsay After Crawford v. Washington, The Champion - National Association of Criminal Defense Lawyers, 2006
  • A description of how the seeming complexities of Federal Wiretap Law is in reality the familiar framework of the Fourth Amendment, A Primer on the Federal Wiretap Act and Its Fourth Amendment Framework, Journal of the Kansas Trial Lawyers Association, 2004
  • 2003 changes in the Federal Rules of Criminal Procedure that are important to criminal defense lawyers, Amendments to the Federal Rules of Criminal Procedure You'll Want to Know About, Journal of the Kansas Trial Lawyers Association, 2003
  • Prosecution closing arguments that are improper, Ain't Misbehavin'? Think Again: Identifying Ten Improper Prosecutorial Arguments in Criminal Cases, Journal of the Kansas Trial Lawyers Association, 2001
  • Discussing the interpretation of the Kansas Constitution that gives privacy protection to open fields, Oh Give Me A Home, Where the Government Can't Roam: Interpreting the Kansas Constitution to Protect , Journal of the Kansas Trial Lawyers Association, 1994

Verdicts and Settlements:

  • State of Kansas v. Cunningham, No. 13 CR 29 (Ford County, Kan. Dist. Ct. Aug. 24, 2015): Jury verdict of “not guilty” on all charges of first degree murder and child abuse after two week trial involving extensive medical and biomechanical testimony where client accused of intentionally cruelly beating or shaking nearly four year old child to death., 2015
  • State of Kansas v. Akins, 315 P.3d 868 (Kan. 2014). Kansas Supreme Court’s complete reversal of former Chief of Police’s 15 child-sex convictions and consecutive life sentences on grounds that the prosecutor committed intentional, prejudicial misconduct during trial. To watch Dan Monnat’s successful oral argument before the Kansas Supreme Court, click here., 2014
  • State of Kansas v. _____, No. 107,918 (Kan. App. Oct. 11, 2013) (unpublished). Kansas Court of Appeals reversed client’s two aggravated-indecent liberties convictions and consecutive life sentences on grounds that the trial court erred in excluding expert testimony about false confessions., 2013
  • State of Kansas v. Puetz, No. 11 CR 3188 (Sedgwick County, Kan. Dist. Ct. 2013): Jury verdicts of “not guilty” for high school football coach on charges of attempted aggravated indecent liberties with a child and attempted criminal sodomy arising from undercover Internet sex sting. Jury deadlocked on remaining charge of electronic solicitation of a child, which State thereafter reduced to misdemeanor charge of patronizing an adult prostitute in exchange for defendant’s “Alford” plea (i.e. “innocent but pleading guilty to take advantage of plea offer”). What began as a multiple felony case with risk of over ten-year sentence, lifetime sex-offender registration, and lifetime postrelease supervision resolved with Class C (i.e. lowest) misdemeanor conviction, no registration, no probation, and no sentence., 2013
  • United States v. Hall, No. 08–10208–01, 2010 WL 5137499 (D. Kan. 2010): Trial judge dismissed all federal charges of conspiracy, racketeering, money laundering, and fraud on grounds that statutes and regulations underlying charges against tobacco wholesaler were unconstitutionally vague as interpreted by the government and applied to client.  , 2010
  • State of Kansas v. Weimer, No. 101,099 (Kan. App. May 6, 2010) (unpublished): Kansas Court of Appeals reversed client’s rape and indecent-liberties convictions, 13-year prison sentence, and 5-year term of postrelease supervision after district court found that client’s previous lawyer did not give client effective assistance of counsel., 2010
  • State of Kansas v. Dr. George Tiller, Sedgwick Co. Ks Case No. 07 CR 2112, March 27, 2009, 25  minute jury verdict of “not guilty” on all 19 counts of performing illegal abortions in politically charged, high profile trial of internationally renowned abortion provider, Dr. George Tiller, 2009
  • State of Kansas v. Floyd (“Floyd II”), Stanton Co. Ks. Case No. 06 CR 17. On November 24, 2008, all charges of first degree murder and conspiracy to commit first degree murder dismissed without prejudice after hung jury on April 18, 2008 in second three-week jury trial, 2008
  • State of Kansas v. Floyd (“Floyd I”), Stanton Co. Ks. Case No. 06 CR 17. On July 30, 2007, hung jury on all charges of first degree murder and conspiracy to commit first degree murder after a three-week trial, 2007
  • State v. ______, 281 Kan. 392 (2006), Kansas Supreme Court's complete reversal of client's rape conviction and 20 year sentence because of prosecutor's misconduct in defining the crime to the jury. Client released from penitentiary, 2006
  • Alpha Medical Clinic v. Anderson, 280 Kan. 903, 128 P.3d 364 (2006). Successfully sought order from the Kansas Supreme Court protecting the privacy rights of women in medical files by requiring strict protective orders to be in place prior to requiring compliance with the Attorney General’s subpoenas for patient files, 2006
  • State of Kansas v. Richardson, Reno County Case No. 03 CR 6, January 22, 2004 jury verdict of “not guilty” of aggravated battery and aggravated assault where client accused of using his Lexus to threaten and run over the alleged victim in a nightclub parking lot, 2004
  • State of Kansas v. Jonker, Sedgwick County Case No. 02 CR 1409, December 6, 2002 jury verdict of "not guilty" of four counts of aggravated indecent liberties with a child against two alleged victims, 2002
  • State of Kansas v. Stevenson, Case No. 2000-84833-A (Kan. Ct. App. March 9, 2001) (unpublished), appellate court's reversal of client's conviction of aggravated indecent liberties for prosecutorial misconduct during closing argument, 2001
  • State of Kansas v. Scott, Case No. 99-83609-A (Kan. Ct. App. Aug. 25, 2000) (unpublished), appellate court's affirmance of district court's dismissal of forgery charges as barred by the statute of limitations, 2000
  • State of Kansas v. Lane, Case No. 2000-84667-A (Kan. Ct. App. July 21, 2000) (unpublished), appellate court's complete reversal of client's convictions of rape and aggravated indecent liberties based upon failure of prosecutor to elect amongst multiple acts and court's failure to instruct on unanimity, 2000
  • State of Kansas v. Burris, Sedgwick County Case No. 00 TR 786 (June 6, 2000), jury verdict of "not guilty" on Driving Under the Influence charges where driver with .143 intoxilyzer reading accused of backing into State Trooper's vehicle during speeding stop on Christmas Eve; driver convicted of speeding and no seat belt, 2000
  • State of Kansas v. Ralls, Sumner County Case No. 99 CR 90,  October 29, 1999 jury verdict of "not guilty" of all charges of rape and aggravated indecent liberties with a child against three alleged victims, 1999
  • State of Kansas v. Chappell, 26 Kan. App. 2d 275, 987 P.2d 1114 (1999), appellate court's complete reversal of client's convictions of aggravated indecent liberties and aggravated criminal sodomy based on the court and prosecutor's improper comments regarding the child witness' ability to tell the truth, 1999
  • United States v. Guidry, Case No. 97-10162-MLB (D. Kan. June 17, 1998, unpublished), "not guilty" on 16 counts of federal bank fraud and money laundering stemming from defendant's embezzlement of $2.6 million from her employer; convicted on 3 counts of false statements on tax returns, 1998
  • United States v. Ochoa (local counsel), 4 F. Supp. 2d 1007 (D. Kan. 1998), federal drug case, suppression of 222 lbs. of marijuana found in a vehicle after a traffic stop, 1998
  • State of Kansas v. Shanklin, Sedgwick County Case No. 98 CR 108, July 23, 1998 jury verdict of "not guilty" of first degree murder and all other charges arising from an alleged drive-by shooting, 1998
  • United States v. McIntosh, 124 F.3d 1330, 97 CJ C.A.R. 1845 (10th Cir. 1997), reversal of 11 out of 13 of defendant/attorney's convictions for federal bankruptcy fraud and money laundering, 1997
  • United States v. Phillips (local counsel), 1996 WL 432377 (D. Kan. 1996), federal drug case, suppression of 40 lbs. of marijuana and 1 lb. of cocaine found in a vehicle during a traffic stop, 1996
  • United States v. Redd, Case No. 95-10051-02-PFK (D. Kan.), "not guilty" of all federal charges arising from alleged possession with intent to sell 2 lbs. of cocaine, 1995
  • United States v. Lambert, 46 F.3d 1064 (10th Cir. 1995), federal appellate court's complete reversal of defendant's convictions and ten-year sentence for possession with intent to distribute large quantities of methamphetamine and cocaine, holding the defendant's nervousness in airport coupled with quick exit did not establish reasonable suspicion for defendant's detention, 1995
  • United States v. Hall, 20 F.3d 1084 (10th Cir. 1994), the federal appeals court affirmance of the trial court's granting of defendant's pretrial motion to dismiss a charge of using a firearm during a drug trafficking crime, based on insufficiency of the evidence.   , 1994
  • State of Kansas v. Trammell, Sedgwick County Case No. 92-67959-S, judgment of acquittal granted at close of prosecution's opening statement, defendant acquitted of large scale white collar larceny charges; State's appeal dismissed, 252 Kan. 961, 850 P.2d 249 (1993), 1993
  • State of Kansas v. Anguiano, Seward County Case No. 93 CR 246, jury verdict of "not guilty" of all charges arising from client's alleged conspiracy to possess with intent to sell 40 lbs. of marijuana, 1993
  • State of Kansas v. Mars, Cowley County Case No. 92-CR212-A, jury verdict of "not guilty" of all charges arising from alleged arson of client's residence, 1992
  • United States v. Lacey, et al., Case No. 89-10054-01- 05, (D. Kan. 1990), after a six week federal trial, "not guilty" jury verdicts for the girlfriend of alleged drug kingpin Rick Lacey in Kansas' then-largest cocaine seizure and conspiracy case, 1990
  • United States v. Gerber, 1989 WL 115984 (D. Kan. 1989), federal drug case, motion to suppress was sustained and an indoor marijuana growing operation suppressed because of the officers' failure to wait a sufficient amount of time between announcement and forced entry while executing a valid federal search warrant, 1989
  • United States v. Farhat, Case No. 87-10005-01 (D. Kan. 1987), jury verdict of  "not guilty" of all federal  charges arising from alleged counterfeiting operation, 1987
  • State of Kansas v. Jackson, 238 Kan. 793, 714 P.2d 1368 (1986), persuading the Kansas Supreme Court that, despite its repeated recent declarations to the contrary, the "diminished capacity defense" exists in Kansas, 1986
  • State of Kansas  v. Epperson, 237 Kan. 707, 703 P.2d 761 (1985), the Kansas Supreme Court's expansive discussion of search and seizure jurisprudence and affirmance of the trial court's order suppressing sale quantities of cocaine, 1985
  • State of Kansas v. Davis and Davis, 8 Kan. App. 2d 39, 649 P.2d 409 (1982), complete reversal of husband and wife's convictions for possession of 40 lbs. of marijuana with intent to sell, 1982

Other Outstanding Achievements:

  • National Association of Criminal Defense Lawyers Certificate of Appreciation, 2000
  • Kansas Association of Criminal Defense Lawyers Outstanding Leadership Award, 1994

Video:

Educational Background:

  • Graduate, Gerry Spence Trial Lawyer's College Graduate Course, 2001
  • Selected to attend and graduated from Gerry Spence Trial Lawyer's College in Dubois, WY, 2000
  • Creighton University School of Law, J.D.
  • California State University, San Francisco B.A., cum laude

Industry Groups

  • Agribusiness
  • Automotive
  • Aviation
  • Environmental
  • Health Care

    Articles about Dan Monnat appearing in Super Lawyers

  • Office Location for Dan Monnat

    200 West Douglas
    Suite 830
    Wichita, KS 67202

     

    Dan Monnat:

    Last Updated: 7/24/2017

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