Combs Law Group

Criminal Defense Law

Why Hiring a Public Defender Can Cost You Your Case.

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Introduction

If you or a loved one has recently been charged with a crime that may take you to the courtroom, you are likely scared and anxious to find someone to represent your case. If you are wondering whether to choose a Public Defender or private criminal defense lawyer to defend you, you’re in the right place. 

What representation you choose for your defense is the most important decision you are going to make and can be the difference between you walking away with your freedom or suffering a huge fine or significant jail time. It’s time to choose someone to fight in your corner to ensure that doesn’t happen. 

This article outlines everything you need to know to make your decision. Before we start weighing the pros and cons, let’s take a moment to check we are all on the same page about what Public Defenders in Missouri actually do. 

The Public Defender System in Missouri 

In Missouri, the Missouri State Public Defender (MSPD) provides legal representation to all accused citizens, as per the constitutional requirement. Any citizen accused or convicted of crimes in Missouri at the level of the State Trial Court, Appellate Court, Missouri Supreme Court, or US States Supreme Court has the right to a Public Defender. 

The MSPD “attempts to provide every client with a high-quality, competent, ardent defense team at every stage of the process”. However, since the MSPD expanded statewide in 1989, they have undergone over ten independent evaluations which warned state officials that the MSPD was making constitutional violations. 

These warnings were ignored until the right to counsel became a constitutional crisis in Missouri. The MSPD is notoriously understaffed, overworked, and underfunded. MSPD is one of the least funded public defender systems in the whole of the US. 

Myths and Misconceptions about Public Defenders 

There are many misconceptions about Public Defenders what they do, and what they are able to offer. Here are some truths you need to be aware of:  

  • Public Defenders aren’t free – they will seek repayment for the costs incurred while representing you, in most cases. They won’t require payment upfront, but you will have to pay their fees. 
  • Public Defenders care – when they can. Yes, they get paid either way, but they are often so overloaded with cases that the first time they meet you is in the courtroom. Without that personal connection, it may feel as though they don’t care about the outcome. 
  • Many Public Defenders are good at what they do – given the limited resources they have. They have completed the same qualifications as private attorneys and are likely getting experience until they can move on to private practice. 
  • Public Defenders aren’t out to get you – they don’t have a secret agenda and they aren’t conspiring with the state to make sure you get a terrible sentence. They will do their best for you with what they have. 

How to Qualify for Public Defender Assistance 

If you need Public Defender representation, one isn’t automatically assigned to your case if you don’t find a criminal lawyer of your own (in that case, you will have a court-appointed attorney). To acquire public representation, you need to complete a written application at your local MSPD office serving the county in which your charges are pending. You can find links to the application and a list of offices here.

You should be aware that the Public Defender won’t represent all cases. The cases it absolutely will not handle, are: 

  • Civil cases involving money damages 
  • Landlord-tenant cases 
  • Immigration and deportation cases 
  • Divorces 
  • Child custody cases 
  • Municipal court cases 

Are Public Defenders Overworked in Missouri? 

In short, yes. There are approximately 112,000 cases for the MSPD to handle at any one time and only 370 lawyers. That means each lawyer is juggling around three hundred cases at any one time. 

As you will have read in the first section, the MSPD is one of the least funded public defender offices in the whole of the states. They simply don’t have the funding to acquire the resources necessary to offer their clients a good quality of representation. 

The American Bar Association (those that set the notorious Bar examination for attorneys) has a minimum requirement for how long lawyers should spend on each case to ensure their clients have adequate and ethical representation, but only 3% of cases in Missouri represented by Missouri public defenders meet this requirement for the constitutional requirement. In other words, 97% of clients are getting unlawful representation.

Missouri public defenders rarely get to meet with their clients before the trial, meaning both the client and the public defender walks into the courtroom completely unprepared to defend their case. They don’t have a chance to discuss the circumstances from the client’s point of view, witnesses, evidence, any plea negotiations that could have taken place before the trial, or a strategy for in the room – all things they should have a right to and any private attorney will offer. 

Pros and Cons |Public vs Private Attorneys 

Public vs Private Success Statistics 

In a study by the University of Dayton, it was found that there is no significant relationship between having a Public Defender represent you and the outcome of your trial. However, if you have your counsel appointed for you, you are 14% more likely to be convicted than if you have private counsel, with public defenders falling in between the two. 

Public vs Private Costs 

The pro most people know about public defenders is that they are the cheaper option – but it’s important to remember they are not free. If they accept your application, they will let you know how much their representation will cost and how you can repay them. They will come up with this figure by looking at a chart called the Fee Schedule, which you can see here. The fees are relatively minimal, starting at $125 for misdemeanors and probation violations, and go up to $1,500 for a capital murder case. 

A con of choosing private representation is that, obviously, it’s going to cost you significantly more. However, it’s likely not as expensive as you may imagine to hire a good attorney for a small and straightforward case. The national average for private representation ranges from $2,000 to $4,500, depending on the case and experience of the lawyer. If you are someone who has a number of charges or convictions and you are facing prison time your fees will be higher due to the complexity of the case, but its’ also important to remember what those fees are going to get you. They are likely the difference between your freedom and having your liberty stripped from you. When it comes to criminal representation, you really do get what you pay for. 

Public vs Private Workload 

A major con of choosing a Public Defender over a private attorney of your choosing is their workload. As already, discussed, Public Defenders have a huge number of cases to manage, and they simply don’t have the time to give you the personal attention and reassurances you need. 

Private attorneys work for you. When you choose a private criminal defense lawyer, you have the chance to meet with them before they represent you and ask them as many questions as you need to know whether or not they are the right attorney for you. 

When Does It Make Sense to Use a Public Defender? 

If you are on a very limited budget, it is your first offense, it is a minor crime, and you are certain of the outcome already and don’t wish to fight it, then a Public Defender may be the right option for you. 

When Doesn’t It Make Sense to Use a Public Defender?  

In any other situation from (and including) the one above. If you can find a way to afford a private attorney, it really is the best solution. They will be your advocate throughout your case and will fight for your freedom. If a private lawyer is known to lose a lot of cases, they simply won’t have clients. The success of their business relies on the success of their cases and the happy words of past clients. Many private criminal defense lawyers offer their clients 24/7 access so should something change in their case, they’ll be there to defend you at any time of night or day. 

Don’t Risk It 

If you can find the money to afford a private attorney, you should. It simply isn’t worth the risk of choosing a Public Defender over finding a public criminal defense attorney who you click with and who will be your advocate every step of the way. While all public defenders have the best of intentions, they are overworked human beings. Like all of us, when they are tired their quality of work starts to suffer, and you don’t want that work to be your future. 

Don’t leave whether or not you walk away from your case with your freedom to chance. If you’re looking for a private criminal defense lawyer in St. Louis and surrounding areas, who will prioritize your case and has hundreds of successful cases and happy clients behind them, Combs Law Group may be the perfect fit. 

We offer completely free consultations to talk you through your case and our process, and we get back to most initial inquiries within just two hours, so if you’re feeling anxious and need someone to talk to as soon as possible, take a deep breath and click here to contact us now.

Looking to hire the “best criminal defense lawyer in St. Louis”?

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Introduction

If you’ve been arrested and charged with a crime the first thing you do is consider hiring a criminal defense lawyer.  If you can afford it, it’s probably a good decision to hire a criminal defense lawyer. But if you have to go with the public defender option just know that you’re taking a chance and although it seems like the least costly option, it can cost you big time in the long run.  Check out this recent article “Why hiring a public defender is a bad idea (most of the time)” to learn more. However, for those who understand the value of hiring a private attorney, the process of choosing your attorney can be a difficult one. Most people want to hire the “best” criminal lawyer” they can find at a reasonable cost. But what constitutes the “best” when it comes to criminal defense lawyers in St. Louis? Let’s take a look at the factors that come into play when evaluating the best lawyer for your particular legal problem.

Experience, Knowledge, & Creativity

Like most professions, criminal defense lawyers get better over the course of their careers.  A criminal defense lawyer who has just graduated law school is probably not going to be your best choice if you’re facing a murder charge. But at the same time, you probably don’t want to hire a criminal lawyer who is in the last few years of his career.  Ideally, you want a young, energetic, but experienced lawyer. 

Criminal defense law is a mixture of knowing the law and knowing how to apply the law under specific circumstances.  The good St. Louis lawyers have a wealth of knowledge about the law and HOW to apply it, while the best lawyers in St. Louis know all the loopholes in the law and know WHEN to apply them.  The law itself is something that is always up for new interpretations, and the best criminal lawyers in St. Louis can create new interpretations that are beneficial to their cases.  

A good question to ask any criminal defense lawyer during the interview phase is whether they think there are any loopholes within the law that would be relevant in your case.  This could be a process loophole where the police forget to calibrate the breathalyzer in a DWI case, or it could simply be an illegal search and seizure in a drug possession case.  Either way, the best lawyers will find these loopholes and take full advantage of them under the law.

Character, Attitude, & Personality

You have to be a particular type of person to want to practice criminal defense law.  It’s not something that every lawyer who comes of law school is equipped to do. If you have ever watched “Better Call Saul” you might think that all criminal defense lawyers are a little shady, and there is probably some truth to that in some areas of criminal defense law.  However, most if not all criminal defense lawyers are big defenders of “due process” and the right to a fair trial. That’s what makes our judicial system unique and criminal defense lawyers have a critical part to play in our system. The best criminal defense lawyers are the ones that get into criminal defense law for this reason.  They want to defend the defenseless, and although it’s not easy defending someone who committed a terrible crime, under our judicial system, someone has to step up and do it.  

But that’s not all you should look for when evaluating your “best” criminal defense lawyer.  You want to find someone who is confident with themselves but doesn’t have a major ego. This can be tough to find in the criminal defense lawyers in St. Louis.  You want a lawyer who is assertive, and not aggressive. Aggressive lawyers tend to shoot themselves in the foot with their clients, the jury, and with the prosecuting attorney.  An assertive attorney knows what he wants and knows how to communicate that to either the prosecutor or the jury he is trying to sway. The “best” attorneys are usually likable and positive in a natural way, and that can be their most effective tool when defending your case.

Winning Is Important 

Most criminal defense attorneys want to win every case, but that’s just not going to happen.  Over time they will win some and they lose some. After an attorney has been in his profession for a while he can become indifferent about the win or the loss in a case. However, the best attorneys are always wanting to win.  They have that competitive mentality and they don’t necessarily want to win for you, but winning is important overall. The best lawyers have this mentality and they will go the extra mile on your case because they want to win, not because you paid them an extra $10,000 or because they like you.  

When looking for a lawyer, evaluate his or her previous client reviews or testimonials.  The best lawyers have the best reputations. So try to find a lawyer who is still trying to be the “best” or maintain his reputation as the “best” and he will likely go that extra mile to get you the “best” outcomes in your case.

Building Personal Relationships With Clients

The last factor that you should look for when evaluating your “best” criminal defense lawyer in St. Louis is how much personal attention the lawyer gives to you as a client.  Choosing a criminal lawyer is an important decision if you’re facing some serious crimes. You’re putting your future and in some cases your freedom in the hands of another individual.  Invariably, you are trusting your lawyer with a lot, and you want to be able to be completely honest with him or her. This is not like hiring a mechanic to fix your car. You want to be able to create a quasi business-personal relationship with your criminal defense lawyer.  The best lawyers know how to bond with their clients while maintaining their moral and ethical codes. Defending yourself in a criminal case can become an emotional ordeal, so having a lawyer who can be attentive to your emotional needs will be important. The best criminal defense lawyers will help you as you go on the emotional roller coaster during your case.

Conclusion

If you do a Google search for  “Best Criminal Defense Lawyers In St. Louis” you will find all these websites that list the “Top 10 Best Criminal Lawyers In St. Louis” or the “Top 5 Criminal Lawyers In St. Louis”.  Unfortunately, these ranking sites don’t really know if those lawyers are the “best” criminal lawyers for your needs. Only you can decide who is the “best” lawyer for your particular needs.  At Combs Law Group we like to think that we are the “best”, but so does every other St. Louis criminal law firm. What we do know for sure is that if you value character, attitude, and personality, and you want a lawyer who values winning while providing you close personal attention, we are the law firm for you. We urge you to read through our long list of reviews from previous clients to see what makes us stand apart from other law firms in the St. Louis area.

Contact us today for a free case evaluation.

Probable Cause: Police Searches and the 4th Amendment

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For centuries, we have held the police out as a leading law enforcement agency for keeping the peace. Years of training, huge budgets, and well-intentioned officers however can not stop the rising numbers in brutal clashes between police and citizens. 

These clashes heightened recently, bringing to fore racial disparities and how minorities are often the victims of police brutality. This comes in varying forms including racial profiling regarding searches, seizures and arrests. These happenings have led to a call for police reform which has gained momentum recently. 

Government after governments have tried to solve these issues as they arise over decades. Several commissions have been set up, but the problem persists, albeit in distinct forms. 

The Black Lives Matter Protest and Demand for Police Reform

Since George Floyd, there has been a significant rise in the number of protesters against police brutality and some racial injustice. The protest has seeped into a rise in calls for police restructuring and defunding. 

Although there have been a myriad of opinions on this subject, they all seem to agree that there is a need for a reform of law enforcement systems. Major policy reforms in policing and law enforcement must cut across searches and other erstwhile legal provisions. 

Some police officers could hide behind the veil of law to commit racial injustice. For example, the Supreme Court in Graham v. Connor may have widened the latitude for use of force when “objectively reasonable”. This may not offend the letters of the law, but it contravenes its spirit.

These legal provisions protect law enforcement officers who have acted in violation of constitutional rights. This perhaps unintended consequence of law is tagged as Qualified Immunity. Until congress looks into this problem, we encourage victims to continually assert their rights through a competent criminal defense lawyer. 

Opinions on Police Reform and Restructuring

There have been two sides to the argument on police reform, especially in the wake of Trump’s law and order approach. Racial divides seep into the arguments too, as a recent study by CATO institute suggests. The study reveals that over 70% of African Americans hold the opinion that police are quick to use deadly force on citizens. Barely 40% of whites agree to this proposition.

These views have significantly shaped the liberal and conservative stances to the subject of police reform. Conservatives hold the opinion that there is no systemic problem with the police. They contend that the problem is only with a few bad apples. Studies suggest that 80% of republicans believe that police use of force is necessary and justifiable.

The Liberals on the other hand believe that there is a problem with the system. This informs their call for a system overhaul, police reform and police defunding. Undertaking a policy overhaul as the liberals suggest depends on a closer look at the laws and institution. This also applies to the position of the conservatives as covering legal loopholes may solve the bad apples problem. 

All these beg the question of the current stance of the law on the concerned subject matters. This is where the fourth amendment comes into the argument, particularly regarding search and seizures. 

Fourth Amendment and Implications for Law Enforcement 

A growing concern in law enforcement in US is false searches and racial profiling. In fact, the case of George Floyd lends credence to this. He was said to have been pulled over for a police search after someone had reported that he tried to use a counterfeit 20 dollar bill. There are instances of many other routine police search incidents that had gone south like Floyd’s. 

The Fourth Amendment of the Constitution makes provisions relating to the right to privacy and freedom from unjustifiable government intrusions. It provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This is a natural human right that applies to all irrespective of race or ideological leanings. However, it is not an absolute right. It does not exclude the conduct of searches and seizures. Searches and seizures must however be conducted reasonably and in accordance with the law. This is one area unscrupulous officers often exploit to foist injustice on civilians. 

US Law on Reasonable Search and Seizure

Cops have found refuge in the law on arrests and the attendant factual uncertainties. Certain aspects of the fourth amendment such as “probable cause” has been leveraged upon and abused by cops. This is because of its relatively low and subjective standard. 

The phrase literally connotes that there must be a good and compelling reason to act. The same applies in this case, too. The police are required under US criminal laws to have an adequate reason before issuing a warrant for search, seizure or an arrest. Thus it is generally required under the fourth amendment that intrusive seizures be based on reasonable suspicion. 

Searches with warrants are clear, mostly. The situation becomes nebulous when searches and seizures without warrants are considered. It has been the crux of so much outrage in recent times. For example, racist cops may racially profile a black person and pull him over for a search with no reasonable cause. 

Warrantless searches are generally outlawed by the fourth amendment, but there are exceptions. The exceptions include when the searching officer possess a reasonable and articulate suspicion or ongoing criminal activity. But what qualifies as reasonable suspicion is determined by peculiar circumstances of each case. Factual twists may be exploited to the detriment of the victims. Therefore, it is important for victims of unlawful searches to have competent criminal defense attorneys on their case. 

The Miranda Rights 

Another issue that clouds the reasonableness of a search, seizure and arrest is failing to read the Miranda rights to the suspect. A law enforcement officer must read the Miranda warning to a person under custodial interrogation. It includes very important rights of a suspect such as the right to remain silent and the right to an attorney. It is an offshoot of the protection against self-incrimination under the Fifth Amendment. 

Failure to read the Miranda rights to a defendant casts doubts on its reasonability. Cops have been known to pull over persons, arrest and conduct custodial interrogations without reading out their Miranda rights. If you’ve been in this situation, contact a competent criminal defense attorney. 

We place usually more emphasis on reading the Miranda rights to a suspect in custody. This is because it only applies to suspects or defendants under custodial interrogation.  So it may ordinarily not apply to routine searches. For examples, the traffic officer needs not read the Miranda rights to a person at a routine traffic stop. 

We would advise that you maintain silence where possible during interrogations. It is best that you speak after you have consulted with your criminal defense attorney.

Let our St. Louis Criminal Defense Attorneys Fight for your rights

Have you or your loved one been a victim of false search and seizure? Our St. Louis criminal defense attorneys are ready to fight to protect your fourth amendment rights. Contact us for a free consultation or call us to discuss your case.  

Search and Seizure FAQs

  1. Can a police search be conducted without a search warrant?

Yes, they can.

Under US laws, the police do not require Search warrants for every search. Although the general rule is that there must be a search warrant before they conduct a search, there are certain exceptions at law. Some recognized exceptions are;

  • Emergency Situations

Necessity may require that a search be conducted without a warrant sometimes. In such instance, the search may be legal. 

  • Consent

A search without a warrant is not illegal if you consent. For example, if you are asked for permission to enter your home to conduct a search and you consent, it is not illegal because they did it without a warrant. 

  • Searches after Arrest 

The law allows police officers to conduct searches on an arrested person for weapons that may be dangerous. 

  1. What should I do after falling victim to a false search and seizure? 

If you’ve been a victim of a false or unlawful search and seizure your first point of call should be your attorney. You may assert your rights under the fourth amendment and recover compensation. In fact, you can include attorney fees in the damages. A competent local attorney could analyze the particular facts of your case, advise you, and proceed to recover compensation on your behalf. 

How Does The Personal Injury Claims Process Work?

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Introduction To Personal Injury Claims Process

If you have been involved in an accident that wasn’t your fault, you deserve to be compensated by the other party for the emotional and financial trauma caused by the accident. Of course, while most of us know that we have the option to hire a personal injury lawyer and pursue a personal injury claim, very few people actually know the process of a personal injury claim from start to finish. 

In this step-by-step guide, we’ll take you through each step of the personal injury claim process and answer some common questions about each step in the process, so you can make informed decisions as you pursue the compensation you deserve. 

What is a Personal Injury Claim?

Let’s cover the basics on the personal injury claims process to make sure we’re all on the same page. A personal injury claim is where someone, who was injured due to no fault of their own (known as the plaintiff), seeks financial compensation from another person, business, or entity who was responsible for their injury (known as the defendant), to cover the costs of their injury, any financial difficulties they’ve experienced due to the injury, and emotional distress.  Personal injury lawyers or personal injury attorneys specialize in these types of legal claims and can help you navigate through the difficult legal process of personal injury claims.

What To Do If You’re Still at the Scene 

If you are still at the scene of the accident call for an ambulance or ask someone nearby to do so for you. It’s important you are seen by a medical professional to record the accident and note down any injuries you have sustained. Be aware that it’s likely you are currently in shock and may have injuries the adrenaline is hiding. 

If you are on a business’s premises, ask the manager to make an accident report and ask if there is any CCTV of the incident. If you have been in a car accident call the police and your insurance company. If you are able, get the names and phone numbers of the witnesses, and take pictures or video of the incident. 

While any evidence you can gather now will help your case, your primary concern at this point should be in your own wellbeing.  Sometimes it is better to have a loved one or family member gather any evidence, like take photos or witness names. It all depends on your circumstances.

Step 1: Hire Your Attorney 

The first thing you need to do as soon as you can after your accident is research and hire a personal injury attorney. An experienced personal injury attorney will be able to guide you through the process, put together a great case for your claim, and combat any defense from the person or entity you are claiming from. 

Most people start by searching “personal injury lawyer near me” and looking at the top results, but make sure you do your due diligence, even if you feel like you need an attorney as soon as possible. Look at each lawyer’s testimonials, meet with them, and ask them about how they will tackle your case. (If you’re looking for a personal injury lawyer in St. Louis, Missouri, contact us today and we can get that process started for you.)

Take a list of questions with you, make sure they answer them all and ask them about what they think the outcome of your case will be. While you want your attorney to be confident that they can get you a great settlement, beware of those who are willing to guarantee you a huge settlement. Yes, there are cases where an attorney can feel confident they’ll win you a great settlement, but too much bravado is a red flag. 

Finally, discuss fees. Most personal injury lawyers are willing to work for a contingency fee (so they only get paid their fee if you get a settlement), so make sure you know how they charge, what they charge, and when they expect their payment. 

If you agree to work together, your lawyer will first interview you about the accident and look at all the evidence surrounding the case, so they can decide if you have a good case. If they believe you do, you will move on to step 2. If they don’t believe you have a case, they will tell you at this stage and they won’t take your case any further. 

Step 1 FAQs

Do I have to hire an attorney? 

No, you don’t have to hire an attorney to file a personal injury claim, but it is recommended. Without one, you won’t have the guidance you need to get the largest settlement for your claim, and if the person or entity you are claiming from has a good lawyer, your claim may fail. 

My accident was some time ago, but I am now feeling the repercussions. Can I still file a personal injury claim?

It depends. In Missouri, the statute of limitations for a personal injury claim is five years after the injury occurs. 

All the attorneys I’ve spoken to charge the same fee. Is that normal?

Yes, most personal injury lawyers charge a similar percentage fee of the settlement, so you only need to worry if an attorney is charging much more or much less than the others you have spoken to. 

An attorney I spoke to doesn’t believe I have a case. Can I seek a second opinion? 

Yes, if one attorney isn’t willing to pursue your claim for you, you can speak to another and see if you can find representation elsewhere. You may find, however, that there isn’t enough legal evidence to pursue a claim. 

Step 2: Send a Demand Letter 

The next step is to send a demand letter. A demand letter gets the ball rolling and is the formal request from you (the plaintiff) to the defendant for payment for your damages. Your attorney will help you do this, but your demand letter will include what injuries and damages were sustained, why they are legally responsible for the injuries and damages, and the consequences of the accident. Consequences may be your medical bills, income lost from any time you were unable to work, and any ongoing pain and suffering.  

The demand letter will be sent directly to the other party or their insurance company. This process is known as pre-litigation. In most cases, this demand letter will prompt an investigation by the insurance company’s “adjuster”. They will decide if there is a case and how much the claim is worth. They are looking out for the best interests of the insurance company and will do their best to minimize the claim and avoid a lawsuit. 

If they refuse to pay or compromise the case progresses to a lawsuit, which is known as litigation. A claim may go to litigation if the defendant believes the accident wasn’t their fault, they don’t believe there is enough evidence for your claim or they don’t believe you truly sustained these injuries from the accident. If this is the case, your attorney will file a complaint. 

Step 2 FAQs 

If they agree to pay but not the full amount requested, do I have to accept? 

No, you don’t. Your attorney will advise you on whether you should entertain their offer or not. 

If they offer to pay the full settlement, do I still have to pay my attorney? 

In almost all cases, yes, you do. Refer to your contract or agreement with your attorney. 

How does an insurance adjuster decide what to offer? 

Adjusters examine the same evidence that would be presented in court. They’ll look at medical expenses, damages, footage, witness reports, and more. They’ll also consider the policy limits and the strength of your case. The insurance company will never offer more than the maximum outlined in the defendant’s policy. If your damages exceed this limit, any remaining amount will have to be recovered from the defendant directly. 

My attorney isn’t willing to send a demand letter until after I finish my medical treatment. Is this normal?

Yes, it isn’t unusual for an attorney to wait until a point of “maximum medical improvement” to send their demand letter. This is so they can demand the full cost of your medical treatment, or have an idea of your ongoing medical bills. 

Step 3: File a Complaint  

If an agreement has not been reached, the next step is to file a complaint. Filing a complaint is the official notice to the court and the defendant that you are filing a lawsuit against them and intend to seek compensation. This formal complaint will contain the people or entities involved, which court has jurisdiction over the case, the circumstances surrounding the claim, and the amount you are seeking. 

Once your complaint is filed with the court, you and your attorney have 30 days to serve the complaint to the defendant, which must be done in person so there is proof of delivery. In most cases, this responsibility is outsourced to a process server. 

When the complaint is served, they have another 30 days to respond, and the process moves on to the next step. If they fail to do so, the court will judge in your favor. 

Step 3 FAQ

Do I have to file in the jurisdiction where the accident happened?

Not necessarily. If the defendant resides in a different state, you can sue them in that state because that state has jurisdiction over that person. Your attorney will be able to advise you on where you should sue.

Step 4: Discovery (Evidence Gathering)  

The next step is known as “discovery”, which is essentially where both the plaintiff’s attorney and the defendant’s attorney question witnesses, investigate the claim, and gather evidence to be used in court. The evidence they collect may be: 

  • Video or photo evidence 
  • Witness testimonials 
  • Internal accident reports 
  • Police reports 
  • Insurance reports 
  • Medical records and bills 
  • Income information 

During this time, either side can file a motion for the case to be dismissed, delayed, or for a judgment to be reached. Alternatively, the two parties can negotiate in a meeting called “mediation”. 

Step 4 FAQ

Does mitigation happen often? 

Yes, most personal injury cases go to mitigation, and 95% will reach a settlement there. 

Step 5: Settlement  

Most personal injury cases end with the two parties going to mediation and deciding on a settlement out of court. In almost all cases, the plaintiff (you) agree to an amount of compensation you are happy with, and the defendant is able to keep the case from going to trial, at which time they lose control. It can also be favorable for the plaintiff if the evidence collected isn’t particularly strong. Your attorney will advise you on whether it’s a good idea to agree to their settlement or not. 

If you agree to settle out of court, the amount is put in writing, finalized, and reviewed by the court to become a legally binding contract. In most cases, this contract will include an agreement to prevent the plaintiff from seeking further compensation, or from disclosing the settlement amount to others.  

 Step 5 FAQs 

What happens if my attorney wants to settle but I don’t? 

In most cases, you are in control of whether to take a settlement offer or not. You will need to discuss how to move forward with your attorney. If they believe you should settle it is worth taking into account their opinion, as they have seen numerous cases and will know what kind of settlement a claim like yours can expect. Remember you should have say in how the personal injury claims process moves forward, so don’t let your opinion go unheard.

Step 6: Going to Trial 

If your case is in the minority (around 5% according to the Bureau of Criminal Justice) of personal injury claims that have to go to trial because the two parties could not agree on a settlement, then your case will be presented in court. 

Each side will present their case in front of a judge or jury who will then make a decision. If they side with the plaintiff, the defendant will be ordered to pay (and the court decides the amount) for the damages sustained. If they decide the defendant isn’t legally responsible, the case will be dismissed. 

Once this judgment is made, the “losing” side has a limited amount of time to decide whether to accept the decision or file an appeal. Once this time has elapsed, the claim has concluded. 

Step 6 FAQ 

Why do most cases settle out of court? 

Most personal injury claims reach a settlement out of court because a trial is both costly and time-consuming, so unless the two parties are completely unable to agree on a settlement amount, it will benefit both to settle prior to a trial.  The personal injury claims process can be an exhausting process sometimes, which is why it’s crucial you work with a good personal injury lawyer. One that will understand your personal needs and work with you throughout the entire process.

If you’ve had an accident that wasn’t your fault, we’re here to help. To find out more about how we can help you, contact us today for a free case evaluation.

Got Your 2nd, 3rd, or 4th DWI in Missouri? Here’s Why You Have a Big Problem

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Introduction To Multiple DWI’s

In the 80s you could jump in your vehicle after a few beers at the bar and drive home – if you were unlucky enough to get pulled over it would be up to the officer’s discretion to figure out if you were drunk or not. Nowadays, however, they can pull out a breathalyzer and test just how much alcohol is in your system. 

If you’re over the limit – regardless of whether or not you feel drunk – you’re getting a DWI (also called a DUI), which is a serious charge even if it’s your first. If it’s your second, third, or fourth DWI charge, you’re in some serious trouble. 

But what kind of punishment should you be expecting, and is there anything you can do about it? Read on to get all the answers to your questions and find out exactly what steps to take next. 

Below You’ll Find the Answers to… 

  • What happens when you get your first DWI in Missouri? 
  • What happens when you get your second DWI in Missouri? 
  • Is a second DWI a felony? 
  • How many DWIs does it take to be a felony? 
  • What happens if you get 3 DWIs in Missouri? 
  • What happens if you get 4 DWIs in Missouri? 
  • Is there a statute of limitations for a DWI? 
  • What can/should I do if I’m getting my 2nd, 3rd, or 4th DWI? 

What Happens When You Get Your First DWI in Missouri? 

When you’re pulled over and found to be over the legal limit, or refuse to volunteer for testing, you’ll be charged with a DWI (Driving While Intoxicated). The officer will seize your license and issue a temporary permit. When this permit expires your license is typically suspended for 30 days, followed by 60 days on a “restricted license”, though in some cases you can get an ignition interlock device instead of the suspension.  

There are two parts to your penalty; criminal penalties and administrative penalties. Generally, a first offense DWI is a class B misdemeanor, though if there are additional circumstances this may change. A first offense DWI has a maximum jail sentence of 6 months, though the judge may choose to suspend this sentence, but drivers with a blood alcohol content (BAC) of 0.15% or more must spend at least 48 hours in jail, and those with a BAC of 0.2% or more must spend at least 5 days in jail. 

Your probation may include continuous alcohol monitoring, often through an ankle bracelet, or random testing. If you fail to meet the requirements of your probation you are likely to receive additional jail time. 

For your “administrative” penalty, you’ll face a fine of up to $500, and maybe forced to pay for additional fees and court costs that were incurred by your case. 

Regardless of your individual penalties, you will have to complete a substance abuse program for traffic offenders before receiving your full driving rights back. 

What Happens When You Get Your Second DWI in Missouri? 

This depends on when your first DWI was. If your first DWI conviction was more than 5 years ago, you will once again be charged with a first DWI and receive those same charges and penalties, though your license will likely be revoked for 1 year, instead of 30 days. In most cases, a second DWI charge is a class A misdemeanor.  

If it was your second DWI in 5 years, however, your punishment becomes more severe. 

You’ll be sentenced to up to one year in jail, you’ll receive a fine of up to $1,000, and in most cases, you’ll have your license revoked for 1 – 5 years. You’ll likely have an ignition interlock device installed in your vehicle after this time, which prevents a car from starting unless your BAC is below the legal limit. 

Is a Second DWI a Felony? 

In normal circumstances (you weren’t driving dangerously or in a car accident) you will be charged with a class A misdemeanor, not a felony. 

How Many DWIs Does it Take to Be a Felony? 

In most cases, it takes 3 DWIs to become a felony charge, and it will be a “persistent offender” offense, otherwise known as a class D felony. Felonies are a permanent mark on your record. 

What Happens if You Get 3 DWIs in Missouri?

If you are charged with your third DWI in your lifetime, you’ll face up to 4 years in jail, community service, a fine of up to $5,000, your license will be revoked for 10 years, and you’ll have the ignition interlock device we talked about in the “second DWI” section installed when your license is returned. Your DWI will be class D felony, which means it will stay on your record permanently.  

What Happens if you Get 4 DWIs in Missouri? 

If you are charged with your fourth DWI in your lifetime, your license will be revoked for at least another 10 years. A fourth offense is classed as an “aggravated offender” and a class C felony. A fourth DWI offense may result in a prison sentence of up to 7 years, and a fine of up to $5,000. 

Is There a Statute of Limitations for DWI? 

Yes, the statute of limitation for the filing of a charge is one year (Missouri law section 556.036) for a misdemeanor, and three years for a felony. 

What Can/Should I Do if I Get My 2nd/3rd/4th DWI?

Regardless of whether this is your first or fourth DWI, you need to find an experienced DWI lawyer to fight to get your charges minimized. Often, a DWI charge in Missouri takes months to resolve, and in that time your life has to be put on hold and you won’t know how long your license will be revoked for. 

Your license equals your freedom, and it is often the difference between you getting to work or making your living and being unable to do so. That’s why it’s so important to find a Missouri DWI attorney to work on your case and help you get the very best outcome. If you’re in the St. Louis metro area, we’re here to help. 

We have achieved positive outcomes for numerous DWI/DUI cases and we’re ready to aggressively fight your charges. To find out more and arrange a free consultation click St. Louis DWI Lawyer.

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