Articles Posted in St. Louis Criminal Defense

ONLY $375 FOR MOST ST LOUIS MISDEMEANORS

Getting charged with a misdemeanor in St Louis is big deal. But for whatever reason, a lot of people don’t seem to think that such a charge will have much of an effect on them. They tend to believe that it’s “no big deal”. But the exact opposite is true.

In the state of Missouri, misdemeanor crimes are categorized into classification: Class A (reserved for the most serious misdemeanors); Class B; and Class C. Examples of a Class A Misdemeanor would be possession of marijuana (less than 35 grams). Such a charge comes with up to one (1) year in jail and a $1,000 fine. So yes, it is a very big deal.

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ONLY $375 FOR MOST MISDEMEANORS IN ST LOUIS

If the prosecutor is willing to reduce (or amend) a criminal charge, it is because he/she recognizes that doing so is way more efficient than allowing the case to go to trial. Prosecutors are usually pretty overwhelmed with cases. Which means if they can negotiate a deal with a St Louis criminal defense lawyer, then that is going to make their job that much easier.

This process is called a “plea bargain”. A plea bargain is basically a deal that is worked out between the state and the defendant to reduce the charge to some lesser offense. So for example, let’s say you have been charged with 1^st Degree trespassing in St Louis. This is a Class B Misdemeanor (which can come with up to six (6) months of jail time, and a $500 fine). But if you hire an experienced attorney, he or she can work closely with the prosecutor to get the charge lowered to some minor infraction (like “littering,” that does not even show up on your record).

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MOST MISDEMEANOR CAN BE HANDLED FOR ONLY $375

The answer to this question depends on a number of factors. For instance, if your prior convictions were more recent, that could cut against your favor. But just because you have a criminal record does not mean that there isn’t anything that can be done about your current charges.

If you have had prior Missouri criminal charges, then there is a good chance that you worked out some sort of deal with the local prosecutor (i.e. a plea bargain). This likely would have entailed the prior charges being dropped to some lesser infraction (like “littering”). The lesser infraction would not have even shown up on your record, and as a result, it would have been as if the charge was never incurred.

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MOST MISDEMEANORS CAN BE HANDLED FOR ONLY $375

It’s a big deal because a simple misdemeanor on your permanent record can cause lasting damage. If you choose not to have it taken care of by an attorney (or to do anything about it at all), then you will have a criminal conviction that will show up anytime someone runs a background check on you. But it does not have to go that way!!

Most people (unfortunately) will end up pleading guilty to a Missouri misdemeanor. They do so because they don’t realize that they have any other choice. So let’s say you have been charged with stealing in St. Louis (sometimes referred to as petty larceny or theft). And let’s further assume that the value of the goods allegedly stolen was less than $500. This would be a Class A Misdemeanor (which comes with up to one (1) year of jail time and a $1,000 fine). If you were to simply plead guilty to this charge, you would have to contend with this punishment upfront.

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MOST MISDEMEANOR CHARGES CAN BE HANDLED FOR ONLY $375

No, you do not have to allow the police officer to search your vehicle. There are only certain circumstances under which an officer of the law may search your car (and a couple of those scenarios are discussed below). But as a general rule, just because a cop wants to search the car, it doesn’t mean you have to give him/her permission to do so.

Having said all of that, many police officers will makes it seem as if you have no choice but to allow the vehicle to be searched. Many times the officer will simply say something like, “I want to search your car,” or “I’m going to search your vehicle.” And when an officer makes such a straightforward statement, it can easily appear as if you have no other option than to sit there and watch him/her do it. But that’s simply not the case.

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No, you do not. There is no obligation whatsoever for you to answer any question posed by a police officer. This is true regardless of whether you are in custody, or simply on the sidewalk. You DO NOT have to answer any questions. However, just because you have a constitutional right to refrain from answering anything, that doesn’t mean the cop will use a few methods to try and extract information from you.

MOST MISDEMEANOR CHARGES CAN BE HANDLED FOR ONLY $375

Very frequently, when a cop wants info from you, he or she will browbeat you until you answer. They’ll use intimidation or try and strike fear into you (or say things like, “It’s in your best interest if you answer my questions!!”). Or sometimes they’ll act as sweet as sugar, and act as if they are your best friend in the whole world. Either way, their plan and agenda is simple: they are trying to get you to divulge information that you are under no legal requirement to provide.

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$375 FOR MOST ST LOUIS MISDEMEANOR CHARGES

While there are many similarities between an SIS and an SES, there are a couple of big differences as well. “SIS” stands for Suspended Imposition of Sentence, and an “SES” stands for Suspended Execution of Sentence. Both involve periods of probation (usually one (1) to two (2) years). Both would eliminate any jail time or fine. But the SES comes with a few things that you should be aware of.

To begin with, let’s take a look at a typical SIS: suppose you are cited with stealing / theft in St. Louis. The value of the goods that were allegedly stolen was less than $500. This in turn will result in a Class A Misdemeanor. Class A Misdemeanors come with up to one (1) year in jail and up to $1,000 in fines. But if a deal is struck with the court and an SIS is given to you, then instead of doing any jail time or paying any fines, you are placed on probation. This probation usually lasts for one or two years (and is described as “bench supervision,” which means you do not have to meet with a Parole Officer during the probationary period). Once the period of probation is over (and assuming that you have stayed out of trouble during that time), then the original charge of stealing is wiped away. The added bonus is that while you are on probation, the stealing charge will not ever show up on a background check (so if during your probation you apply for a job, this charge will not appear).

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The answer is simple: most people cannot afford to pay a St. Louis criminal defense attorney the types of fees they demand for service. For example, a typical quote of fees for a run-of-the-mill St. Louis marijuana possession can run anywhere between $1,000 and $1,500. And most people just cannot pay that much. So instead of having an experienced attorney help them through the process, these individuals just show up to court by themselves.

MOST ST LOUIS MISDEMEANORS CAN BE HANDLED FOR ONLY $375

What happens to them once they get to court? The end result is usually not good. Below is a description of what these folks normally run into when they represent themselves. But in the end, most people fall into the same category: they make too much income to be assigned to a public defender (that office is reserved for those who cannot afford an attorney, but you have to meet certain low-income level requirements to be eligible), and they do not have enough money laying around (like an extra $1,500) to pay a regular attorney.

But here’s the rub: most low-level misdemeanors (less than 35 grams of marijuana, trespassing, peace disturbance, possession of drug paraphernalia, etc.) are almost always handled the same way by an attorney. The attorney simply sends in an Entry of Appearance (or speaks briefly with the prosecutor on the night of court), and gets a recommendation from the prosecutor. This “recommendation” is document that the prosecutor gives to the judge which recommends how the case should be handled. And in most cases, the prosecutor is willing to either reduced the charges to some minor infraction (like “littering,” which does not even show up on your record), or recommend an SIS (which involves a period of probation, after the completion of which the original charges drop off altogether).

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Yes, they can. But only if certain provisions are met. The law states that once a police officer has taken you into custody, he or she must make you aware of a set of fundamental rights. This list is commonly referred to as Miranda warnings. If the police do not apprise you of these rights, but continue their questions after you have been clearly taken into custody, then anything you say cannot be used against you in a court of law.

But if in fact you are read (or shown a list of) your Miranda warnings, and you invoke your right to remain silent (by verbally telling the officer of wish to remain silent) or to speak with an attorney (by verbally telling the officer you wish to consult with a ST. Louis criminal defense lawyer), then the questions from the police must stop.

However, it is permissible for the police to restart questioning you again, as long as they wait at least fourteen (14) days from when you were initially Mirandized. (Maryland v. Shatzer, U.S. Sup. Ct. 2010). So if you are facing questions from the police, and you assert your right to remain silent after the Miranda warnings are issued, the questions will stop. But let’s assume the police come back eighteen (18) days later and take you to the very same interrogation room. They give you a fresh reading of your Miranda warnings. And this time, you decide to talk and answer their questions. In this kind of situation, the statements you make can and will be used as evidence against you.