Missouri Criminal Defense Legal Questions

It is difficult to say whether or not the prosecutor will in fact file charges. It largely depends on whether they believe they can prove their case and meet their burden. It would be wise to consult an attorney as soon as possible and avoid incriminating yourself. While private lawyers often have a reputation of being "better" than public defenders, this is not always the case. There are many public defenders that not only have the knowledge but also the ability to advocate for your rights just as well as a private attorney. Once you have hired or been appointed an attorney, they will be able to discuss the case with the prosecutor in order to gauge how they can reach a resolution. Being that it is your first offense, it is more likely the prosecutor would offer a more lenient deal than if you were a repeat offender.... Read Answer

No, it is not an adequate defense to say you didn't know your tail light was broken. It's the driver's responsibility to confirm the vehicle he is driving is fully operational. Having a tail light out is dangerous to other drivers because they can't tell that you are signaling for a turn or that you are pressing on your brakes.... Read Answer

It will not all blow over. If you plead guilty, you will have a petty larceny conviction on your permanent criminal record which can never be removed, and it will prevent you from getting a job, renting an apartment, getting a loan, etc. You need to hire a lawyer to represent you if you have any hope of getting this charge dismissed or reduced to a lesser offense. Yes, if your lawyer is able to get the charge reduced to a lesser offense, you will have to pay a fine and restitution for what you stole, and possibly community service. The outcome of your case depends on which court your case is being prosecuted in, your criminal history, and the skill and experience of your attorney.... Read Answer

First off, hello from a fellow rider. I'm not sure what you mean by asking if your case can be discontinued - whether you mean dismissed or continued. The case may or may not be dismissed depending on the situation. It would be wise to contact an attorney and discuss the situation in order to come up with a plan for handling the case. As far as having the case continued, courts vary drastically when it comes to continuances. Some will grant them if you call and ask and others require an appearance before they will continue the case. I would suggest contacting the clerk of the court in order to find out what their policy is.... Read Answer

It's never a good idea to talk to a detective without having a lawyer with you. If you are charged with stealing, you will need to hire a lawyer to represent you if you want to avoid having a conviction for stealing on your permanent criminal record. The maximum penalty in Missouri for stealing under $500 is 1 year in jail and a fine of $1,000. Your attorney may be able to get the charge reduced to a lesser offense.... Read Answer

In Missouri, stealing under $500 is a misdemeanor punishable by up to 1 year in prison and a $1,000 fine. If your case is in municipal court, the maximum penalty is $500 fine and 6 months in prison. If you want to avoid having a conviction for theft on your permanent criminal record, you will have to hire an experienced criminal defense attorney to get your stealing charge dismissed or amended to a lesser offense.... Read Answer

It's perfectly legal for a cop who comes to your home for some other reason (to respond to a noise complaint or a domestic violence call, for example) to arrest you if they see evidence of criminal activity sitting out in plain view. No search warrant required in that situation. This is true even if the cop is standing at your front door and sees drug paraphernalia (for example) sitting out on your coffee table. Cop doesn't have to even enter your home if he can see contraband in plain view while he is standing at your open front door.... Read Answer

Statute of limitations for misdemeanors is 1 year from the alleged incident. For most felonies, the statute of limitations is 3 years. So if the court never issued a warrant and no charges were filed, after 4-7 years, it's highly unlikely that the prosecutor can charge you with any offense. You can hire an attorney to look into it for you to confirm that no summons was sent to you at a previous address. (It's not the court's responsibility to make sure you receive a summons if you have moved and you didn't update your address.)... Read Answer

Unfortuately, there is no mechanism under Missouri law to have consecutive sentences converted to concurrent sentences. The trial court has lost jurisdiction.  Depending on how long ago the conviction was and whether it was a plea or conviction after a trial, he has already had an appeal and postconviction proceeding as possibley filed a federal habeas petition.  He may be able to challenge the sentences in a Rule 91 habeas petiton but that is probably unlikely.  Also, there has been no liberty interest in parole since the statute was changed in the 1980s.  ... Read Answer

Under Missouri law you are considered an adult at 17 for criminal prosecution.  I will need more information regarding your case to better answer your question.  Who pulled you over?  Was it state or local law enforcement?  Were you given a summons with a court date?  Thanks... Read Answer

If you would like to hire an attorney for a theft ticket, you need to know a couple of things. 1) Hire a CRIMINAL attorney. Not all attorneys practice criminal law. 2) Make sure your lawyer is experienced. Just because your attorney appears to be old does not mean he or she is experienced in criminal law. 3) Make sure your lawyer is competent. This is difficult to tell when you first meet your attorney. A couple of red flags to look for. Is he guaranteeing you a dismissal of your charges? No attorney can predict the future with 100% accuracy. Anything is possible. In law, like most things, nothing is truly for sure until it's already happened. Also, are his prices much lower than is typical for the charge you are facing? If something is too good to be true, it probably is. In law especially, you most often get what you pay for. Attorneys who are willing to work for next to nothing are most likely willing to do so because their inexperience, history of bad results, and general lack of competence cause them to be desperate for clients. Competent attorneys who can get you results know their time is valuable, and will give you a fair but substantial price for it. Legal work is not cheap. For example, with your theft ticket, if you find a lawyer who will take the case for $300, that might seem like a good price up front compared to most lawyers who's prices would start around 800-1000. What they won't tell you is that the cheap lawyer isn't going to be willing or qualified to take your case to trial, which means the prosecutor is going to offer him a bad deal that comes with higher fines, a guilty plea for a higher class of an amended charge, more community service, behavioral classes, longer probation, likely supervised probation, and most importantly higher fines, etc etc. A good lawyer will get a much better offer with lower fines. So if you're cheap and think you're getting a good deal by hiring a cheap lawyer, you're going to end up paying much much more in the long run. In short, you get what you pay for.... Read Answer

If you plead guilty, you will have a shoplifting conviction on your permanent criminal record. Maximum penalty in Missouri for misdemeanor shoplifting is 1 year in jail and $1,000 fine. If in municipal court, the maximum penalty is $500 fine & 6 months in jail. Yes, you should hire an attorney to represent you if you want to keep this off your criminal record. Depending on which court this is in, your attorney can probably get the shoplifting charge dismissed or reduced to a lesser offense. You might not have to appear in court at all.... Read Answer