Posts by: Richard Christopher Simons

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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Drug Courts

   

Missouri Drug Court

Drug courts square measure judicially supervised court dockets that offer a sentencing different of treatment combined with direction for individuals living with serious substance use and psychological state disorders. Drug courts square measure problem-solving courts that take a public health approach employing a specialized model within which the judiciary, prosecution, defense bar, probation, enforcement, psychological state, welfare work, and treatment communities work along to assist alcohol-dependent offenders into long-run recovery

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PRACTICAL APPLICATION OF MIRANDA RIGHT

   


No doubt, incidence knock on our doorsteps without prior notice; if one happens and the next statement you heard is “you have to remain silent, anything you say can and will be used against you in a court of law; you have the right to an attorney, if you cannot afford an attorney, one will be provided for you?” How would you bring yourself out of such an ugly situation? There is usually a way out; consult with a criminal lawyer or a defense attorney as fast as possible.
Many times, we knowingly or unknowingly run into law-breaking incidences and this may call for an arrest or being held in police custody. There is a particular statement issued by the police during the course of the arrest; this pronouncement is known as the Miranda Warning.
The Miranda warning or pronouncement is a common warning issued by police to criminal suspects in their custody informing them the right they have to silence during interrogation that is; they have the right not to answer questions or give information to law enforcement agency or any other official.
As frightening as this statement is, it is a right given so that a suspect would not implicate himself during the course of an interrogation; although, not everyone knows the practical application of the right.
HOW MIRANDA RIGHT WORKS
One may ask, what is the purpose of this right and how is it applicable to criminal suspects in police custody. Justice demands that everyone should have the right to speak without fear or favor which also extend to criminal suspects; which means a trial must take place before they are convicted or acquainted depending on the outcome of the trial.
However, it is always difficult for criminal suspects to defend themselves without fidgeting or altering implicating proceedings during questioning, and for their rights not to be infringed on, they are given a Miranda right; that is, the right to a defense attorney.
When eventuality occurs and one is a criminal suspect, the dominant thought in one’s mind will be how to get out of the ugly incidence; what you need to do is to take a chill pill and contact your defense attorney. The intervention of an experienced criminal defense lawyer goes a long way in curtailing any form of self-implicating statement suspects may profess during the course of an interrogation.
How Miranda warning is used varies depending on the law guiding each city. Missouri is one place that is dominated by police to maintain law and order. A situation may arise where you would be subjected to questioning or interrogation; you need to know your right, allow a criminal defense lawyer do the bidding in your stead.
The Missouri criminal defense attorneys handle issues involving reckless driving, moving violations, drug crime, license suspensions, and other related offenses. Reach out to a qualified … Continue reading

THE LINE BETWEEN “STOP” AND “ARREST”

   

Police Stop Or arrest defense lawyer

Determining the line between a stop and an arrest can be really difficult, yet very crucial. Crucial because the police must satisfy particular conditions before either stopping or arresting a suspect. For instance, a police officer must have reasonable suspicion before he can stop and frisk a suspect. Yet, reasonable suspicion is not enough for an arrest. There must be probable cause for an arrest. And usually, when incriminating evidence is found during any of these encounters, the admissibility of that evidence in court becomes shaky except the police fully satisfied the prerequisite conditions before initiating an encounter with a suspect.

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Miranda rights and why the police don’t always read them

   

Miranda rights are the rights given to criminal suspects in the U.S. upon arrest informing them of certain rights before asking them any questions. The wording that is commonly used in a Miranda warning is, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” The Miranda warning primarily serves to protect suspects from self-incrimination, but not being arrested. The Miranda warning is given by the police officer when the suspect is in custody and under interrogation. The reading of these rights is a safeguard because placing a person under custody is likely to undermine a person’s will to resist and may compel them to speak in a self-incriminating way.     

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Requirements For Probable Cause In Missouri

   

Probable Cause Criminal Defense

In criminal law, probable cause is defined as the legal standard by which law enforcement officers have reasonable grounds to believe that a particular individual has committed a crime or is going to commit a crime, especially to justify making an arrest, obtaining an arrest warrant, conducting personal or property search, seizing property relating to a suspected crime, or preferring criminal charges. Missouri laws obligate police officers to have valid reasons to undertake the aforementioned law enforcement duties.

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What is the difference between an SIS and an SES?

   

Difference between SIS and SES in Missouri

In Missouri, when an accused person pleads guilty to an offense or is convicted at trial the court can grant the defendant probation. There are two common types of probation that Missouri courts impose for criminal offenders-Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES). The two probation options may be somehow confusing especially for persons who do not have a good understanding of the law.

In SIS, a defendant who pleads guilty to the charges does not get sentenced and instead, they are placed on probation for a fixed period of time. However, the trial court retains the right to pronounce a sentence which lies within the statutory range stipulated in the criminal statute if the defendant violates the terms of the court and their probation is revoked. But if the defendant completes the probation period in good standing, no sentence is imposed on them and the offense does not appear on their record. Therefore, SIS simply means the court sets the sentence aside until probation is completed under specific terms set out by the court. This option not only keeps defendants out of jail, it also gives them a chance to demonstrate to the courts that they can adhere to the requirements of the probation. More often, SIS probation is imposed for first-time offenders and persons who commit minor felonies. This option is perceived to be more lenient but that is not always the case.

SES may seem to be similar to SIS in terms of being placed on probation but it’s different. In SES, a defendant who pleads guilty in court is convicted and sentenced with jail time but execution of the sentence is suspended. The defendant will not serve the jail time and they are placed on probation. Should they fail to successfully complete the probation in good standing, the court has the jurisdiction of executing the jail time. The conviction permanently appears on the defendant’s record even after successfully completing probation.
An SES is considered to be a final judgment by Missouri courts while an SIS is not. Should a person who has received an SIS violate the stipulated terms of probation, they are taken before a judge who will determine if indeed they violated the probation requirements. If the court finds the defendant guilty of violating probation requirements, all parties will go back to the drawing board to determine the sentence to be imposed. On the other hand, a person with an SES and has violated probation terms will have the previously-agreed sentence executed. For instance, if you had an SES with 4 years of probation, violating your probation means you’ll be serve a jail time of 5 years with minimal chances of negotiation.
More often, first-time misdemeanor defendants prefer SIS to SES simply because the former is not considered a conviction provided one completes their probation period successfully. Under the criminal statute, SIS is not a conviction and can only be considered in subsequent trials and not other purposes. In case the defendant commits a similar offense, the courts will treat the SIS as a prior offense. A defendant who completed their probation successfully can deny any prior criminal convictions when applying for employment. On the other hand, the SES is an actual conviction that applies for all purposes.

Overall, an SIS is considered less strict than an SES. If you violate an SES, the court has a right to execute the actual sentence but as for the SIS, violating terms of probation will get the parties back to the drawing table to determine a new sentence.
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