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Category: Criminal Defense

Expungement of First Time Alcohol-Related Driving Offense (DWI/DUI)

Although Missouri is unfavorable with respect to expungements (i.e., clearing a criminal record), Section 577.054 does provide reprieve for first time alcohol-related driving offenses in narrow circumstances. The requirements are as follows: (1) The conviction/guilty plea has to be over ten (10) years old; (2) The conviction/guilty plea has to be for a misdemeanor or […]

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Warrant Requirements: Specificity & Particularity

The Missouri and U.S. Constitutions require that a search warrant be reasonably particular as to the location of the place to be searched and a description of the items to be searched. Article I, Section 15 of the Missouri Constitution, for instance, provides — That the people shall be secure in their persons, papers, homes […]

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Unreasonable Continued Seizure: Criminal Defense

A seizure occurs against a person when the government restrains the person. A seizure can also occur against a person’s property when there is some meaningful interference with an individual’s possessory interests in that property. Both the Missouri Constitution and Federal Constitution prohibit unreasonable seizures. See U.S. Const. amend. IV; Mo. Const.Art. I § 15. […]

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Criminal Defense Attorney: Confrontation Clause

One of the most important, fundamental rights enshrined by the Federal Constitution and the Missouri Constitution is the right of a defendant in a criminal proceeding to be confronted with the witnesses testifying against him/her (the “Confrontation Clause”). Specifically, the Sixth Amendment to the Federal Constitution provides in relevant part that In all criminal prosecutions, […]

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Suspended Execution of Sentence (“SES”) in Missouri

A suspended execution of sentence (“SES”) is essentially a conviction under Missouri Law — which often shows up on most background checks. With a SES, the defendant first pleads guilty to the underlying offense. This guilty plea is basically an admission of criminal conduct. The guilty plea, however, must be made knowingly and voluntarily. It […]

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Traffic Citations/Tickets Missouri

In Missouri, you have a few separate options in dealing with traffic tickets. First, you could show up on the court date at the court listed on the ticket and plead not guilty to the traffic offense. The court will then usually set a hearing date a few weeks out and you’ll have the opportunity […]

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Challenging Missouri Search and/or Seizure Warrant

Under Missouri law, an police officer may apply for a search warrant. Section 542-276, RSMo, sets forth the required elements for the application: (1) Be in writing; (2) State the time and date of the making of the application; (3) Identify the property, article, material, substance or person which is to be searched for and […]

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Probation Violation/Revocation Hearings

When you are placed on probation in Missouri, the Court — usually with the assistance of the prosecuting attorney — will craft terms of probation to which you are required to adhere. The terms of probation can vary: anything from court fines, court costs, or even the attendance of classes may be ordered. In Saint […]

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Saint Louis, Missouri DWI/DUI Attorney/Lawyer

A charge of DWI or DUI is serious in Missouri. Because of Missouri’s implied consent law, there are severe consequences that could result in the suspension of your driver’s license. Criminally, however, the consequences of a DWI escalate with subsequent DWI convictions/charges. Specifically, a second DWI offense is a Class A Misdemeanor; and a third […]

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Defense Attorney: Saint Louis

Whether you are being charged with a misdemeanor or felony by a State, city, or municipality, or whether you are named as a defendant in a civil lawsuit, chances are you will need legal counsel to help you navigate through the system. Criminally, depending upon the charges, you may be issued a citation or summons […]

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