Criminal Law

Missouri’s revised Criminal Code, Senate Bill 491, has been sent to the Governor for approval after the bill has passed in both the House and Senate. The Governor’s Office previously recommended that the General Assembly submit the bill for consideration in parts, with possibly one part of the Code being submitted for approval as a

Circuit judges have used probation as a mechanism to collect restitution and court costs from criminal defendants for years, but the Missouri Supreme Court issued its opinion yesterday clarifying the jurisdiction of courts to continue such conduct. The Missouri Supreme Court, in a consolidated hearing of two similar cases, made preliminary writs permanent finding that,

A good rule of behavior when appearing in court: don’t flip off the judge.  A Florida Judge imposed a 30 day jail sentence for contempt of court on an eighteen year old female after she gave the judge the finger and told him “F___ you.”  I am not surprised by the Judge’s conduct, but the

In 2013, the United States Supreme Court heard a landmark case in Missouri v. McNeely.  In McNeely, the Supreme Court held that under typical circumstances, the Fourth Amendment prevented police from taking a blood sample without first obtaining a warrant. Prior to that case, the state of Missouri had argued that it could require people accused of

A man’s home is still his castle. The Missouri Western District Court of Appeals determined recently that Missouri’s “castle doctrine” self-defense law applies to prevent a mother from getting an order of protection against the father of her child who pulled an AK 47 on her when she barged into his home and attacked him.

We frequently receive calls from people seeking to expunge past criminal convictions.  The good news is that Missouri has greatly increased the number of people who can apply for expungement and decreased the time they must wait before they can have their crimes expunged. Effective January 1, 2018, 610.140, RSMo. allows for the expungement of many

Law enforcement officers sometimes arrest people without sufficient evidence to support the ultimate criminal charges. Earlier this week, I represented a client at trial for the offenses of driving while intoxicated, driving with a suspended driver’s license and possession of marijuana.  The Judge found a lack of evidence to support the charges.  The Judge dismissed the charge for

The Missouri Court of Appeals, Eastern District of Missouri, determined there is no statute of limitations or defense of laches that bars the Missouri Department of Revenue from administratively suspending a person’s driving privileges in connection with driving while intoxicated (“DWI”).  In Lawrence v. Director of Revenue, a motor vehicle driver was arrested on October

A conviction for driving while intoxicated (“DWI”) and resisting arrest was upheld where the Court of Appeals determined that there was evidence that defendant was driving his vehicle while intoxicated, albeit thirty (30) minutes expired before law enforcement made contact with the driver. The evidence presented at trial revealed that the Defendant had stopped his

A person arrested for a criminal offense, including driving offenses such as driving while intoxicated, has certain constitutional and statutory rights. Among those rights is the right to remain silent.  A law enforcement officer is not required to advise a person of the right to remain silent unless that person is arrested or detained and