Category: Criminal Law Questions

Steps to get your Missouri driver’s license back after Alcohol Related Suspension

   

Alcohol Related Suspension

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

… Continue reading

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. 

… Continue reading

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

Do I Plead Guilty or Not Guilty?

   

Criminal Defense Not Guilty

What is the most likely outcome of my court date tomorrow?

I have used all my allowed continuances and tomorrow 7/18/18 @ 6:00pm is my court date where I’ll have to plead either guilty or not guilty to 3 charges. 1. Leaving the scene of an accident. 2. Very small amount of marijuana possession. 3. Not sure what it’s actually called but as I was pulled out of my vehicle to speak with Overland PD someone in the back seat tossed an eye glass container with an unknown substance into my driver side floor board. I was told it would be sent to a lab to test what it is. Now I am NOT guilty of the unknown substance charge whatsoever they could dust it for prints and mine will not be there. The insignificant amount of marijuana I am guilty of. The accident was more like our mirrors tapped in road rage while the other driver drove on the wrong side of the road to get around me. I’m not sure what to plead or what to expect, I am currently looking for work and can not afforded hire an attorney unfortunately.

Attorney Justin C. Hunt Answers

Best Answer
I am assuming that the judge either took your plea or you went to trial. It’s also possible that the judge set the trial for a later date. If you have more time, hire an attorney to keep this off your record. If you did plead guilty, it’s not too late! An attorney can attempt to set aside your guilty plea and work out a new arrangement to keep this off your record. Contact a local attorney for more information.

No Attorney-Client Relationship or Legal Advice Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Contact Us
CRITICAL MOMENTS NEED A CRIMINAL DEFENSE LAWYER

Questions & Answers Series-DUI/ hit and run..now what

   

Criminal Defense Not Guilty

First, stop posting facts of the case online. Second, your husband will probably need to hire a DWI attorney. At this point, the government has already started two different actions against your husband: a criminal action for the DWI/ hit and run, and a license revocation for testing over .08. These are 2 separate issues that you will need to fight.

… Continue reading

Can a Felon Go To A Gun Range?

   

GUN-facebook

Can I go shoot a gun with a friend I’m a convicted felon of a non violent crime I was released in 2011? I have my voting rights back I just don’t want to get in trouble

… Continue reading