SENTENCING GUIDELINES IN MISSOURI

   

Missouri Prison Sentencing Guidelines

The Missouri Department of Justice in collaboration with the Missouri Sentencing Advisory Commission has established a well-defined set of sentencing guidelines that govern the imposition of minimum and maximum punishments for different crimes while considering the facts and circumstances of individual cases.  These guidelines propose the appropriate sentence disposition and the range within which an authorized sentence can be set. 

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RECEIVING STOLEN PROPERTY

   

RECEIVING STOLEN PROPERTY, Stolen goods

Missouri statutes states that it’s an offense to hinder another person’s legal ownership of his own goods in the event that one receives the goods that he or she knows has been stolen or even thinks that the property has been stolen

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Classes Of Felonies In Missouri And Their Punishment Range

   

Classes Of Felonies In Missouri And Their Punishment Range

The classes of felonies in Missouri and their punishment range

According to Missouri legal statutes, felonies are crimes that are considered to be more serious in nature, typically punishable by imprisonment for at least one year. Missouri criminal law classifies felonies into five categories, ranging from Class A to Class E with Class A being the most serious crimes and Class E felonies being the least serious crimes. Each class of felonies has a different set of offenses and punishment range.

Class A Felonies

This category is reserved for the most serious and violent crimes against another person. Examples of offenses that fall under this category include, but are not limited to: murder, treason, first degree kidnapping, forcible rape of a child under 12 years, first degree robbery, causing a catastrophe, abuse or neglect of a child resulting to death , serious sex crimes, serious assaults, and some drug crimes.  A Class A felony carries a sentence of 10 to 30 years in prison, or life imprisonment.  Persistent sexual offenders convicted of Class A felonies for more than once get a life sentence without the option of probation or parole.

Class B Felonies

While they may carry a lesser sentence than Class A felonies depending on the nature and severity of the offense, Class B felonies are also very serious crimes that carry harsh penalties. Examples of Class B felonies in Missouri include, but are not limited to: voluntary manslaughter, first degree abortion, first degree burglary, first degree domestic assault, first degree assault, bus hijacking, and second degree drug trafficking, and promoting prostitution first degree. Class B felonies are punishable by imprisonment for not less than 5 years and not exceeding 15 years.

Class C Felonies

Class C felonies mostly involve theft, property crimes, but may also involve a crime against another person.  Examples of Class B felonies include involuntary manslaughter, fraud, identity theft, resisting arrest, third degree domestic assault, failure to make report of drug transfer, use of child in sexual performance, and many more. A Class C felony conviction carries a prison sentence of not less than 3 years and not exceeding 10 years. A court may order a person convicted of a Class C felony to pay a fine of up to $10, 000 or twice the amount of financial gain to the offender.

Class D Felonies

Class D felonies are considered less serious offenses within Missouri statutes. Examples of Class C felonies include Class I election offenses, passing a bad check, unlawful use of a weapon, fraud, second degree domestic assault, unauthorized practice of medicine or surgery, aggravated DWI,  sale of drugs without license, and many more. A Class D felony is punishable by up to 7 years in prison.  Class D felonies are punishable by a fine of up to $10, 000 or twice the amount of financial gain to the offender. The court can give probation for most class D felonies when the offenders have served a certain percentage of the total sentence. However there are offenses such as DWI and child abuse which offenders are not eligible for probation or parole.

Class E Felonies

These are considered the least serious offenses within Missouri statutes, and typically carry the least severe range of punishment available under the statute. Class E felonies include providing false information, insurance fraud, deceptive business practice, third degree assault, breach of confidentiality regarding taxes, motor fuel tax evasion, invasion of privacy, abandonment of a corpse and many more. A Class E felony is punishable by a prison sentence of up to four years and a fine of up to $10, 000 or twice the amount of financial gain to the offender.

A felony charge in Missouri is simply bad news. If convicted, one could be facing up to 30 years in prison or a life sentence. It takes a skilled criminal defense lawyer to guide and represent a person facing felony charges for the best outcome possible.

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The Grand Jury in Missouri and How it Works

   

Court Room Grand Jury Missouri

Missouri is one of the several states in the U.S. that use a grand jury system to determine criminal indictments. Basically, a grand jury is a group of citizens selected to sit on a jury to investigate possible criminal conduct and determine whether charges should be brought against a potential defendant. Missouri laws empower the grand jury to conduct legal proceedings and decide if there is probable cause to believe a person has committed a crime and should be indicted. However, it should be noted that it’s not the responsibility of the grand jury to find guilt or propose penalties to a party. The grand jury in Missouri plays a key role in running a valuable test for prosecutors in making a decision whether to press charges or not

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Missouri Supreme Court Update

   

Missouri Law

The Supreme Court affirmed without reaching the issue of whether Gant or Carrawell required the suppression of the evidence, holding that any error was not prejudicial because other unchallenged evidence fully supported the judgment reached by the circuit court. While Mr. Hughes has standing to challenge the seizure of the bag he admitted belonged to him, this Court needn’t reach the problem whether or not Gant or Carrawell needed the motion to suppress to be sustained as a result of no prejudice resulted from it being overruled during this court-tried case. Decent extra proof to support the conviction was introduced by the defense in its interrogation of 1 of the impressive officers and thru the defense’s stipulation to the admission of the laboratory report showing the confiscated things were hard drug and cocaine.

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MATERIAL WITNESSES AND ARRESTS

   

ARRESTS AND MATERIAL WITNESSES

Whenever one is alleged of having in custody material(s) or information or a piece of information significant to a criminal lawsuit in the court of law; then, the person is referred to as a material witness.

A material witness is a person who is assumed to have in possession information about a matter of a case that is still ongoing in a competent jurisdiction court of law.

The first Judiciary Act of 1789 specifies that a material witness can be detained; however, the Bail Reform Act of 1984 amended the statute which is now codified at18 U.S.C. Ss 3144.

Situations may arise where a material witness will not want to testify at a criminal trial in the court of law due to fear of reprisal, not be duly informed about the case through the court order or other reasons best known to the witness. Whatever reasons the witness is laying claims to for not willing to testify, it lies in the clout of the prosecutors to see that justice prevails in every court proceedings.

What is a reasonable arrest?

According to the Federal law of the United States, law enforcement agents can arrest and detain a person if they have “reasonable cause” that the person in question possesses information significant to a judgment delivery of a pending criminal proceeding. Secondly, if a material witness will not respond to a court order when his attendance will be needed in the law court.

If the prosecutors however want the person to testify, they can secure and have the witness testified in the law court by issuing a material witness warrant.

What is material witness warrant?

This refers to the power a court of law has to arrest an individual who has been duly served with a subpoena but fails to attend court. A material witness warrant can, however, be unconstitutional and a violation of human rights when the authority is abused by the prosecutors or leads to wrongful conviction.

The law states that prosecutors in charge of such case may be sued regardless of the broad protection they have against lawsuits. It is the duty of an experienced defense attorney to help such material witness exercise his rights when such situation occurs.

How long can Law enforcement officers detain a Material Witness?

The constitution states that the law enforcement officers to detain a material witness for as long as the judge deems it necessary to avert failure of justice. 

The same federal material witness statute that authorizes the arrest of material witnesses also permits their release once their sworn have been taken.

All things being equal, no matter how significant the information concealed or discovered in material witness’ custody is, the person should not be charged with a crime and be acquainted once the lawsuit is finished.

Should a material witness turns out to be a suspect in the case, he is not obliged to testify against or incriminate himself in any form. Here, he will need the help of a competent criminal defense attorney in order to pervert punishment in the court of law. Consult with qualified defense attorney today to know more about Arrests and Material Witness

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DEMONSTRATING PROBABLE CAUSE

   

Constitution and Gavel and probable cause

Probable cause refers to a legal standard used in the United States by the police to get a warrant for a search or arrest of a suspect. Grand juries use this for their indictments. It is the procedure used in prosecuting and arresting criminals and also to make searches which relate with their properties or personal issues.

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The Exclusionary Rule

   

Criminal Evidence, Criminal Procedure

The aim of the Exclusionary rule is to protect the rights of American citizens, protect them from arbitrary intrusion and dissuade law officials from abusing constitutional rights. The rule prevents the use of direct evidence gathered in violation of the Constitution inadmissible in court. Evidence such as one gained from unreasonable search and seizure or other unconstitutional manner may be suppressed by the court. This means that the court will mostly not admit such evidence in the event of the criminal’s trial. The rule is also employed when a violation indirectly results in incriminating evidence.

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