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• Jury Selection
• Criminal Defense Of Compulsion
• Refusing a Breathalyzer Or Blood Test
• DUI Check Point
• Right To A Speedy Trial

An alibi is a defense in criminal cases whereby a defendant demonstrates that he or she was somewhere else other than the scene of the crime at the time the alleged crime took place. In an alibi, a defendant is simply arguing that it is impossible for him or her to have committed the crime because they were at a different place at the time the crime was supposedly committed. A successful alibi rules out the defendant as the perpetrator of the offense

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Self-defense is a criminal defense that can be raised by criminal defendants who inflict serious harm on another person and they believe that they were justified in doing so. This defense can be raised in crimes such as murder, assault, battery and others where the accused responded to the threat of force or violence from the victim. While Missouri laws prohibit the use of force and violence against other persons, they equally allow individuals to use reasonable and proportionate force to protect themselves from imminent harm. Therefore, inflicting serious harm or even killing an assailant may not be considered a criminal act when the defendant reasonably believes that his or her life is at stake.

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A person whose driver’s license is suspended by the Missouri Department of Revenue may have his or her driving privileges reinstated after the suspension period is served. Under section 302.281 (4) of Missouri laws, there are specific steps that must be completed in order to get a suspended driver’s license back. The requirements may vary based on the nature of the offense and the kind of suspension in effect. Typically, offenses that are deemed greater or severe will have stricter requirements. The following are the steps to follow

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Missouri statutes state 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 (Lippman & Mathew, 2010). The basis of any prosecution is that one had knowledge or believe that the goods that he or she received were stolen. If he or she has a trail of being in possession of stolen property in more than one occurrence. If one has been in a similar form of transaction in a year prior, then that means he had knowledge of the illegal transaction.

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The right to a speedy trial ensures that the state brings an individual to trial among bound points in time. There are completely different points in time supported federal law and state law. If the applicable point in time passes, the litigator could assert that his or her right to a speedy trial has been denied which the criminal charges ought to be fired. in addition to guaranteeing the correct to associate degree lawyer, the Sixth change to the U.S. Constitution guarantees a criminal litigator the correct to a speedy trial by associate degree “impartial jury.” this suggests that a criminal litigator should be dropped at trial for his or her alleged crimes among a fairly short time once arrest, which before being condemned of most crimes, the litigator includes a constitutional right to be tried by a jury, that should notice the litigator guilty “beyond an inexpensive doubt.”

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Criminal Lawyer In Kansas City

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Other Criminal Defense Practice Areas:

• Assault Crimes
• Burglary Crimes
• Drug Crimes
• Marijuana Defense
• DUI-DWI Defense
• Felony Crimes
• Misdemeanor Defense
• Minor & Traffic Crimes
• Probation Violations
• Solicitation Defense
• Violent Crimes

Missouri is among the states in the U.S. that have adopted special sentencing guidelines for prior and persistent law offenders. Under Missouri laws, a prior offender is a person who has been found guilty of one offense on a separate occasion from the present offense for which the person is being charged. A persistent offender is a person who has been found guilty of two or more offenses on separate occasions from the present offense for which the person is charged; OR a person who has been found guilty of offenses including assault of a law enforcement officer in the second degree, second degree assault, and involuntary manslaughter, and the person has also been proven to be a prior offender. The conviction(s) does not have to be a Missouri state conviction, but rather could be a federal conviction or a conviction from another state.

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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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A successful coercion defense requires that the defendant’s fear be reasonable and related to him/her committing the crime. A Missouri court will look at the evidence provided and give an objective ruling. Such a verdict demands that if any other person were in a similar situation to that of the defendant ought to feel the same amount of fear to necessitate the criminal act.

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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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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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Our very own Attorney Chris Simons named as as one of the best 3 DUI Attorneys in Kansas City for 2019
Contact us for any DUI/DWI matters in Kansas City.
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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.

During my visit to the US, I was extra cautious about its state laws as a tourist. Missouri’s felony classification reads like a descending ladder — Class A at the top with life-changing stakes and Class E, the least severe, still not to be taken lightly. I was mighty impressed.” – Shailen Vandeyar, Funnel Teacher

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 in 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 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, second-degree drug trafficking, and promoting prostitution in the 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 and 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 a 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 for 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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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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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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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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CRITICAL MOMENTS NEED A CRIMINAL DEFENSE LAWYER

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 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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