Missouri Criminal Defense Legal Questions

There is no such thing as a "technical violation." Either he violated a term of his probation or he did not. Not showing up to report to your probation officer is considered a pretty serious violation. Whether not his probation will continue depends on what is probation officer will be recommending and how likely the judge is to follow it. Generally speaking, most judges will not revoke probation on the first violation unless it is very, very serious. However, is has been known to happen or he could be continued on probation and be placed in jail or have his probation extended. How many times did he miss reporting to his PO and what was his reason for not reporting? This will factor in as well. I would strongly advise him to be represented by an experienced criminal defense attorney that regularly handles probation violations in front of his particular judge.... Read More

Miranda rights are required in order for the prosecutor, at trial, to present a statement by the defendant to law enforcement, if the statement is made during "custodial interrogation." If the prosecutor has enough evidence to proceed without your statement, then they can still take you to trial. The officer's visual observations, or observations of what the radar indicated, should be more than enough to proceed with a speeding ticket.... Read More