Criminal Law

If you are charged with a crime for which you could be incarcerated you have the right to an attorney to represent you against the government. It is that attorney’s job to ensure the government respects your rights. Among those rights are your right to be free from unreasonable searches and seizures, your right to a fair and impartial jury, your right to a speedy trial, your right to present evidence and cross examine witnesses, your right to remain silent, and more. Our office stands ready to aggressively protect your rights, call our office today to book a free consultation.

 

Frequently Asked Questions

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Will I need to go to court?

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If you have been charged with a misdemeanor, your attorney can go to court for you. If you have been charged with a felony, you must appear in court with your attorney.

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What does community service look like?

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Community service is typically performed at charitable and not-for-profit organizations such as the local animal shelter, churches, and food pantries. The court typically orders between 10 and 20 hours of community service in place of a fine or jail time as part of a plea negotiation.

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What is the difference between an ordinance, a misdemeanor and a felony?

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An ordinance is a municipal or city law punishable by up to one year in jail, a misdemeanor is any violation of state law punishable by less than one year in jail, and a felony is any violation of state law punishable by more than one year in prison. There are additional collateral consequences that accompany a felony conviction, including the suspension of the right to vote and the right to keep and bear arms.

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What is the difference between civil and criminal court?

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Both civil and criminal courts are part of the judicial branch of government but they address different kinds of cases and can order different kinds of remedies. Cases involving disputes between individuals and contracts are handled in civil court. Civil courts can order two kinds of remedies: compensation or an equitable remedy. This means the court will either enter a monetary judgment requiring one party to pay the other or the court will order one side to do something such as hand over specific property, or fulfill its obligations under a contract. Unlike civil court, criminal courts handle cases in which the government has charged an individual with a crime. The remedy ordered by the court can include a fine and restitution, akin to a monetary judgment, but criminal courts also have the power to order incarceration, probation, and community service.

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What is the difference between SIS and SES probation

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An SIS or suspended imposition of sentence and an SES or suspended execution of sentence are potential outcomes in many misdemeanor and some felony cases. An SIS means the case is continued until the defendant completes a term of probation, typically one to two years. If the defendant violates their probation then the judge will impose a sentence. The judge determines the sentence when the probation violation occurs. If the court orders an SES, the judge will impose a sentence and stay the execution of the sentence pending completion of a period of probation, also typically one to two years. If the defendant violates their probation the sentence originally imposed by the judge is executed and the judge cannot modify the terms of the sentence. An SES is considered a final judgment by Missouri courts for the purposes of appeal. 

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The police want to conduct an interview, should I talk to them?

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You should never talk to the police without your attorney present.

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What is probable cause?

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In Missouri probable cause exists when sufficient facts and circumstances are present to cause a reasonable person to believe evidence of a crime can be found.

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When can the police conduct a search without a warrant?

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Police generally must have a warrant to conduct a search, but the law provides several circumstances where the police do not need a warrant. These include when the police are chasing a fleeing person, when the police arrest a person, when a person’s vehicle is impounded, when the police believe evidence is being destroyed, and when the police believe someone is hurt and needs help.

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What can I do when the police obtain evidence by violating my rights?

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The United Supreme Court has determined that in the interest of public policy the police should not be able to use any evidence obtained by violating your rights in court against you. This is called the exclusionary rule. This rule excludes any evidence that was obtained by violating your rights and any evidence that was derived from it under the fruit of the poisonous tree doctrine.

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How do I invoke my rights?

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You have a right not to speak to the police and do not have to answer any questions other than identifying yourself once you have invoked your rights. You invoke your rights by telling the police “I invoke my right to remain silent and my right to an attorney.” When you do so, the police should stop questioning you. If they do not, they have violated your rights and cannot use anything you say against you in court.