Unlike in federal court, Missouri State Courts allow more flexibility regarding the use of prior convictions to impeach a witness. Section 491.050, RSMo provides, in part that: “Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a…
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Convictions, Cross-Examination, Impeachment
When a witness is being cross-examined, it is generally considered fair game to attempt to impeach or discredit the witness by asking about any criminal convictions. Section 491.050, RSMo provides in relevant part: “any prior criminal convictions may be proved to affect [witness] credibility in a civil or criminal case and, further, any prior pleas…
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…