Law Guides

How Does The Personal Injury Claims Process Work?

combschris1 · May 7, 2020 ·

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.

Your Complete Guide Missouri Kidnapping Charges

combschris1 · April 5, 2020 ·

Introduction

Kidnapping is a serious offense, but it’s not as simply defined as taking a child off the street. You can be charged for kidnapping an adult or even for taking a child of your own, in the right circumstances, so it’s important you know exactly what constitutes kidnapping and what kind of sentencing each charge comes with.

Read on to find out everything you need to know about kidnapping charges in Missouri.

What Constitutes Kidnapping in Missouri?

Kidnapping is defined as the movement or confinement of another person, child or adult, against their will.

What are the Different Degrees of Kidnapping?

There are three different degrees of kidnapping:

Third Degree Kidnapping: knowingly restraining another person unlawfully without their consent.
Second Degree Kidnapping: knowingly restraining another person unlawfully without their consent and exposes them to a significant risk of serious physical injury.
First Degree Kidnapping: unlawful removal of any person without their consent, or unlawfully confines them without their consent for a prolonged period of time, for the purpose of:
- eliciting ransom or reward
- using them as a shield or hostage
- interfering with political or a governmental function
- facilitating the commission of a felony or flight
- inflicting physical injury or terrorizing them

Is Kidnapping Always a Felony?

Kidnapping charges are, in most cases, a felony charge. The breakdown is as follows:

First Degree Kidnapping is a class A felony which is has a maximum penalty of life imprisonment (and cannot be less than a term of 10 years) unless it was done to facilitate another felony or flight, or with the intent to inflict physical injury, which is a class B felony, though will come with additional charges in most cases.

Second Degree Kidnapping is a class D felony, which carries a maximum punishment of 7 years in prison.

Third Degree Kidnapping is a class A misdemeanor, unless the person kidnapped is taken across state lines, which is a class E felony.

How Can It Be Kidnapping When They’re My Child?

Kidnapping your own child is possible, and it’s called “Parental Kidnapping”. If you do not have the legal right to have custody of your child, or exceed your custody rights (such as not returning them to their legal guardian after your visit), it is considered Parental Kidnapping.

Parental kidnapping can happen when a parent without custody of their child takes, removes, conceals, or detains their child – without good cause – without permission of the state, with the intention of depriving another guardian or public agency who should have custody of that child. In Missouri, a child is defined as anyone under 17 years old.

Parental kidnapping is a class E felony, which carries a maximum punishment of 4 years in prison.

If the kidnapping continues beyond 60 days, but does not exceed 119 days, it is a class D felony, which carries a maximum punishment of 7 years in prison.

And, if the kidnapping continues above 120 days, it is a class B felony, which carries a maximum punishment of 15 years in prison, with a term of no less than 5 years.

What if I Technically Kidnapped My Child But Then Received a Court Order for Custody?

Any kidnapping charge will not take into account any granted custody after the fact – the law was broken and it is up to the judge and courts to decide how you’ll be penalized. However, working with an experienced criminal lawyer will be able to help your circumstances work in your favor.

What Should I Do If I Believe I’ll Be Charged with Kidnapping?

Kidnapping is a serious charge and puts you at risk of losing your freedom for a significant term. If you believe you are going to be charged for kidnapping you need to speak to a criminal defense lawyer as soon as possible to fight your charges vehemently.

That’s exactly what we do, Combs Law Group [link: combslawstl.com] fights aggressively to ensure your charges are minimized. Contact us today for a free case evaluation so we can start working on your case as soon as possible.

The Ultimate Guide to Juvenile Crimes in Missouri

combschris1 · November 8, 2019 ·

Introduction

The Gutenberg editor uses blocks to create all types of content, replacing a half-dozen ways of customizing WordPress, bringing it in line with modern coding standards, and aligning with open web initiatives. That sounds pretty great huh?

If your child has been arrested and charged with a juvenile crime, it is an often upsetting, daunting, and scary time. As a parent, you have a lot to be thinking about for the future, but one way to ensure your child gets the best chance at a clean slate is to educate yourself on what this means for you and your child and make a decision about what next steps you need to take.

This guide will explain all the different aspects of juvenile crimes in Missouri, and answer some of our most common questions. If you or your child are currently facing juvenile charges, contact Combs Law Group for a free consultation. We can help you!

What happens when they are arrested?
How young does my child need to be to be considered a juvenile?
Can they be charged as an adult?
Can I be held responsible for their charges?
What are the different types of juvenile crime?
- Truancy
- Juvenile DWI
- Juvenile Traffic Violation
- Juvenile Marijuana Possession
- Juvenile Drug Possession
- Underage Drinking
- Shoplifting and Theft
- Harassment
- Stalking
- Assault
- Vandalism
- Trespassing
- Arson
- Gun Possession
What are the differences between juvenile and adult courts?
How can you help your child in the legal proceedings?

What happens when a child is arrested?

If you’ve only just heard that your child has gotten into trouble, take a deep breath. Your child will be treated with respect, and will only be handcuffed in certain circumstances if they are over fourteen or if they are deemed a threat to themselves. The court will immediately examine the circumstances for the arrest and order that they are released in most cases. If this is not the case, they can only be held in detention until their hearing, which must be within 3 days of apprehension, unless there are special circumstances.

You will be given notice of everything you need to know about the detention hearing and their right to legal counsel, which we recommend you arrange for them.

How young does my child need to be to be considered a juvenile?

For your child to be considered a juvenile in Missouri, they must be no older than 16. In 2021, the age will rise to 17.

As a juvenile, you, as their family, will be heavily involved in the leading proceedings and the state’s focus is on their safety and encouraging positive rehabilitation and ensuring they become a healthy and positive member of society.

Can they be charged as an adult?

Only in very severe circumstances. If the court wishes to try them as an adult, it will be due to the seriousness of the crime and they will need to certify the juvenile as an adult. Currently, your child can be tried as an adult once they turn 17, though that will rise to 18 on January 1, 2021.

In special circumstances, they can be certified as an adult by a court if they twelve or older and charged with a felony. This generally only affects very serious crimes such as murder, assault with a deadly weapon, severe sex crimes, and drug dealing if they have prior felony convictions.

Can I be held responsible for their charges?

You are responsible for ensuring your child receives an education, so in cases of truancy (see below), you may be held responsible. In most other cases, you will not be responsible and you will only be responsible for restitution if you are deemed not to have done your due diligence as a parent in preventing your child’s behavior.

What are the different types of juvenile crime?

Truancy

Missouri requires your child to attend school regularly between the ages of 7 and 16, with a few exceptions if they have mental or physical disabilities or if they are 14 or older and are employed. Children can be homeschooled but parents must be able to prove they are receiving at least 1000 hours of instruction.

If your child does not attend school to a reasonable degree or have a valid excuse, you, as a parent, maybe taken to truancy court. You have a legal right to counsel for truancy court, as you would any other legal hearing. While there aren’t any serious charges for truancy, you may be fined $25 a day for the days your child has missed, which will likely be a significant fine.

Juvenile DWI

Missouri takes underage DWI charges very seriously. Here, underage drunk drivers cause more accidents than of-age drivers. The main difference between an adult DWI charge and an underage DWI charge is that the blood alcohol content can be as little as 0.02 to be over the limit, compared to the 0.08 adult limit.

A juvenile DWI can be just as serious as an adult DWI, such as up to 6 months in jail, loss of license, and a fine of up to $500. Just as with adults, a first-time DWI offense will result in having their license suspended for 90 days, and a second DWI offense will result in one year’s suspension. The maximum punishment for a second juvenile offense is up to a year in jail and a fine of up to $1,000.

Juvenile Traffic Violation

Traffic violations are unique, as once your child is old enough to drive, they are considered an adult for crimes out on the road. The Juvenile Division (Family Court) cannot take any cases of a child over the age of 15 who has a traffic violation. However, if the traffic violation is severe enough to warrant jail time, the traffic court judge will likely request for the juvenile court to order this. If your child has a traffic violation, see our information on traffic violations.

Juvenile Marijuana and Drug Possession

It is not uncommon for teenagers to experiment with alcohol, marijuana, and even more serious drugs, but if they are caught by the police these instances can become a serious error of judgment in their lives. If your child is caught with marijuana or another drug (and knowingly possessed it), they will be charged with the same crime as an adult, but with very different consequences.

The Juvenile Division has more options for dealing with a juvenile marijuana offender than the adult courts, such as drug counseling, probation, and diversion. In most cases, your child will have to complete a rehabilitation program, but won’t suffer more serious consequences. It is always with consulting a juvenile criminal defense lawyer to ensure your child’s case runs smoothly and won’t leave a mark on them permanently. Your child will only receive “detention” (jail time) in serious cases, such as possessing Schedule I or II drugs.

Underage Drinking

Underage drinking charges in Missouri extend to anyone found drinking alcohol under the age of 21. Anyone under the legal age in the possession of alcohol or attempting to purchase it is guilty of a misdemeanor and may be fined up to $300. In some cases, they may also have their driving privileges suspended.

Shoplifting and Theft

Fortunately, the courts do not deem children to have the same decision-making ability as adults, and so treats juvenile shoplifting and theft charges differently to adult charges. The Juvenile Division aims to course-correct children who steal, and they have a wide range of possible penalties they may choose for a juvenile offender depending on the severity of the case.

In most minor, firs-time cases, the child will be released back to the parent’s care. If the case goes to court, the judge will likely give them a severe talking to and warn them about the path they are on.

In some shoplifting and theft cases, the offender may be ordered to pay restitution to the person or business they stole from. This means they need to pay back the value they stole. In some cases, this responsibility may fall to the parent, if the court believes you did not do your due diligence as a parent to prevent their behavior. If you have done all you can, they may be ordered to find employment to pay off the restitution.

Other possible penalties are a probationary period, a diversionary program, counseling, and in serious cases, detention in a center or home confinement. If your child has been arrested for shoplifting, their case is not insignificant, and you should seek the advice of an experienced criminal defense lawyer to help you ensure your child gets the best outcome.

Harassment and Stalking

Harassment is a new crime that was introduced in 2017 to help combat serious bullying in (and out of) schools. Here in Missouri, schools must report certain crimes to the police to be dealt with, and this now includes harassment. This new law is much debated but aims to cut back on children driven to suicide by their peers and adults. Harassment is defined as “causing emotional distress”, so will likely include juvenile stalking.

Assault

Recent law changes have now made peer-to-peer juvenile assault a serious offense, and juvenile offenders can be charged with a felony in some cases. These new laws mean children and parents need to be more vigilant and take their behavior more seriously.

A juvenile may be charged with simple assault for injuring another person (child or adult) or for seriously threatening to harm another person. Simple assault (any straightforward injury or serious threat to another) is a misdemeanor and may result in jail time, community service, probation, restitution, counseling, or a fine. If your child has been charged with assault, you need an experienced juvenile criminal defense lawyer on their case as soon as possible, to ensure one mistake isn’t blown out of proportion.

Vandalism

Vandalism laws apply to everyone countrywide, regardless of age. If a juvenile commits an act of vandalism, their case is heard by the Juvenile Division, instead of the adult court. An act of vandalism must be proven to have been done on purpose. The Juvenile Division as a range of possible penalties, but in minor vandalism cases, acts to get the child back on track through restitution and fines (see shoplifting for an explanation of restitution), probation, a diversionary program, or in severe cases, detention (jail or home confinement).

Trespassing

Like cases of vandalism, the crimes of trespassing are the same as an adult, but because a child’s trespassing is, in most cases, done with very different intentions than adult trespassers, it comes with different penalties. The Juvenile Division will need the intent to trespass proven, and the penalties are likely to be probation, a diversion program, a fine, or in more severe cases detention.

Arson

Arson occurs if your child purposely sets something alight. The penalties for juvenile arson will vary wildly depending on the consequences, so it’s important you get in touch with a criminal defense lawyer as soon as possible to defend your child’s case as it develops. In minor cases, they will likely be required to pay restitution and undergo counseling, but arson can grow to a serious charge.

Gun Possession

If your child has been found to be in unlawful possession of a gun, it’s vital you find a criminal defense lawyer to represent them as soon as possible. The possible penalties for unlawful possession vary wildly from case to case and may be as minor as a fine or as major as jail time.

What are the differences between juvenile and adult courts?

In Missouri the two courts are separate. The Juvenile Division of the Circuit Court (also known simply as Family Court) has the jurisdiction to exclusively juvenile crimes, and cases of abuse, neglect, adoptions, and other family affairs.

How can you help your child in the legal proceedings?

To help your child you need to be supportive as they will likely be scared of the legal proceedings, and the best thing you can do is talk to an experienced juvenile criminal defense attorney as soon as possible.

Your criminal defense lawyer will be able to take the case in hand and take steps to ensure your child’s future is untarnished. If you’re looking for a sympathetic criminal defense lawyer in St. Louis who will tirelessly fight for your child’s future, contact us today. We aim to get back to all inquiries in less than two hours, so you can have the best St. Louis juvenile defense attorney on your case as soon as possible.

The Ultimate Guide to Theft Crimes in Missouri

combschris1 · October 23, 2019 ·

If you’ve been charged with theft in Missouri, you’re likely feeling a lot of emotions and you’re not sure what to do next. In many cases, a theft charge comes with a sense of shame, defensiveness (because you had no other option), anger at yourself or those who caught you or persuaded you to steal with them. At this stage, it’s vital that you understand exactly what your theft charge means for you, and what next steps you need to take to move forward with your life.

This guide will take you through everything you need to know about your charge (whether falsely accused or not), answer common questions we hear from the accused, and guide you on your next steps.

There are a large number of different theft crime charges with a range of possible punishments and future impact on your life. Read on to learn all about what you need to do next to take positive steps forward and fight your charge.

Contents:

What Constitutes Theft in Missouri?
The Different Types of Theft Crime
- Theft
- Larceny
- Burglary
- Robbery
- Shoplifting
- Firearm Theft
- Grand Theft Auto
- Federal Theft
- Check Fraud
What makes a theft crime a misdemeanor or a felony?
What’s the difference between theft, larceny, burglary, and robbery?
Can you be charged for more than one kind of theft?
Is it better to be charged with one type of theft crime over the others?
I’ve been falsely accused of theft, what should I do?
Why it’s Important to Fight a Theft Conviction
Hire the Best Missouri Criminal Defense Attorney

What Constitutes Theft in Missouri?

Missouri defines theft as taking the property or service of another without the owner’s consent, with the intent to deprive the owner, or by deceit or coercion. Essentially, if you take something you don’t own or refuse to pay for services rendered, you are committing theft.

The Different Types of Theft Crime

There is a range of different theft crimes which vary in severity depending on the circumstances of the theft. Some of these crimes are classed as misdemeanors (less serious crimes) and others are felonies (serious crimes).

Theft

Theft is the umbrella term for any form of stealing property or services from another person, as outlined above, and encompasses any situation that does not fit into the categories below.

Larceny

Larceny simply defines when someone steals the personal property of another.

Burglary

Burglary in Missouri is defined as a person entering a building with the intent to steal. Most burglary crimes are class C felonies, but if the offender is armed, threatens or causes injury, or if there is an innocent person within the structure, it is a class B felony.

Robbery

Robbery is when the offender forcibly steals from another person and is a class B felony. However, if they threaten the other person with something that is, or appears to be, a weapon, or actually causes injury, it a class A felony.

Bank robbery comes with much harsher punishments than a ‘normal’ robbery because it is federally owned and therefore you are stealing from the government. Federal crimes are more serious than the same crime against a citizen, and any threat against the bank workers with the intent to steal from it will constitute bank robbery.

All bank robbery charges will be a class A felony, and therefore you may face up to 30 years in prison, and worse if there are additional charges held against you. If you knowingly accept anything stolen from a bank you will be fined and can be imprisoned for up to 10 years.

Shoplifting

Shoplifting occurs when the offender steals something from a place of business. Most occurrences of shoplifting will be a class A misdemeanor as the value of the stolen property will likely be $500 or below.

Anyone who steals merchandise (anything for sale) from a Missouri store is, in addition to any misdemeanor or felony charges, responsible for the full retail value of anything taken, any incidental costs of up to $100, a penalty to the owner of $100-$250, and any and all court costs and attorney fees incurred by the owner. If the person is a minor, their parental guardian is then responsible.

Firearm Theft

Theft of a firearm in Missouri is automatically a class C felony, due to the associated dangers and implications of a stolen firearm. A class C felony automatically lands you with at least 12 months imprisonment.

Grand Theft Auto (Vehicle Tampering)

Auto theft is defined as taking a vehicle owned by another, without the owner’s consent, by means of deceit or coercion. Motor vehicle theft can be more complicated than other forms of theft because there are four ‘elements’ that must be proved beyond a reasonable doubt (or admitted to) before the offender can be convicted.

The first element of auto theft is ‘appropriation of a motor vehicle’, which means the prosecution must prove that the offender took possession of the vehicle without the owner’s consent.

The second element is that it must be proved that the vehicle was not legally owned by the offender when they took the vehicle.

The third element is that it must be proved that the offender had ‘intent to deprive the owner of the vehicle’, and had no intention of returning the vehicle.

The fourth element is that the offender must have taken the car without the permission of the owner, and without coercing or deceiving them to do so. If the offender coerced or deceived the owner, the prosecution must show how this was the case.

Stealing a car in Missouri is automatically a class C felony, regardless of the value of the vehicle, which is punishable by a minimum of 12 months in prison.

Federal Theft

Federal theft is when you are deemed to have stolen something from the government. Most federal theft applies to those working for the government and maybe a charge like failing to deposit money to the treasurer, misuse of public funds, theft of vehicles transporting commerce between states, and theft of government property.

Check Fraud

Check fraud is when you give or cash a check you forged, or that is on a bank account you know has insufficient funds (and will therefore bounce). Check fraud, for a value of $500 or less, is a class A misdemeanor, and if over $500 it can be as severe as a class C felony.

What makes a theft crime a misdemeanor or a felony?

Some crimes are a felony regardless of any other circumstances, due to the severity of the crime (such as stealing a firearm), while others only warrant a misdemeanor. In general, the charges are as follows:

Class A Misdemeanor: a class A misdemeanor theft is when the value of the property or services stolen is less than $500. Being given stolen property worth less than $500 is also a class A misdemeanor. Any theft crime that does not fit into any other category will also warrant a class A misdemeanor. The maximum penalty for a class A misdemeanor is one-year imprisonment and a fine of $1,000.
Class D Felony: it is a class D felony when someone steals an animal, or, if the offender has had two or more theft-related convictions within the last 10 years. The maximum punishment for a class D felony is a four-year prison sentence and a fine of up to $5,000, or an amount of up to twice the value of what the offender gained from the theft, up to $20,000.
Class C Felony: Theft is a class C felony if the value of the property or service is more than $500, but less than $25,000, if the item was stolen from the owner’s person, or if it is a vehicle, aircraft, watercraft, firearm (regardless of worth), explosive, credit card, US flag, legal or historical documents, livestock or wildlife, will, property deed, controlled substance, chemicals that can be used to make illegal substances. It is also a class C felony to receive stolen explosives, receive something stolen if they are a dealer of the stolen good or substance involved, or worth more than $500. The maximum penalty for a class C felony is a prison term of 7 years (and no less than 12 months), a fine of $5,000, or double the value of the stolen property up to $20,000 if it was sold on.
Class B Felony: Theft is a class B felony if the stolen property or service is worth $25,000 or more. The maximum punishment for a class B felony is a prison term of 15 years (and no less than 5 years).
Class A Felony: Theft can only become a class A felony if the offender harms or threatens another person. The maximum punishment for a class A felony is a 30-year prison sentence (and no less than 10 years), and there are usually no fines included.

What’s the difference between theft, larceny, burglary, and robbery?

Theft is the umbrella term that covers any form of stealing from anyone or any entity. Larceny is the term used to describe the theft of personal property (e.g. not commercial or federal property). Burglary is theft from a residence or structure, and robbery is any theft where there is an innocent person who is threatened or harmed in the process.

Can you be charged with more than one kind of theft?

Yes, for example, if you rob a bank and then steal a car for your getaway, you will be charged for both occurrences. It’s not uncommon to see both state and federal theft charges filed in the same crime. If you are facing multiple types of charges then it’s even more critical you get legal representation.

Is it better to be charged with one type of theft crime over the others?

Yes, for example, a robbery charge will nearly always be more severe than a larceny charge, so where possible your criminal defense lawyer will work to get your charge reduced so you can avoid harsher punishments.

I’ve been falsely accused of theft, what should I do?

If you have been falsely accused of theft it’s vital you get an experienced criminal lawyer who knows theft and robbery charges on your side as soon as possible. If you’ve been accused or charged with theft wrongly, you need a lawyer who knows the law and can put together the best strategy to prove your innocence. Unfortunately, the wrongly accused are sometimes convicted of the crimes they didn’t commit, so don’t leave it to fate.

Why It’s Important to Fight a Theft Conviction

If a theft charge is minor, you may think that it would be easier to take the conviction in stride, pay the fine, and move on with your life, but it’s important to think about the long-term implications of a theft conviction.

Of course, theft very quickly becomes a felony charge here in Missouri, and a felony is a very serious matter. Of course, even a theft misdemeanor on your record may make you an unattractive prospect to potential employers who will feel unable to trust you, and future landlords will feel the same, leaving you jobless, potentially homeless, and in worst-case scenarios, unable to feed yourself and your family.

You may think that a simple theft charge cannot ruin your life, but we’ve seen it happen and we fight to protect our clients’ liberty every day. Take your charge seriously and do everything within your power to fight the charges; get an experienced St. Louis criminal defense attorney on your case as soon as possible.

Hire the Best Missouri Criminal Defense Attorney

No matter your individual circumstances, if you’ve been accused of theft, you need to get a great criminal defense attorney on your side as soon as possible. The legal system can be confusing and intimidating, and as we covered in the section above, a conviction (wrongful or otherwise) can completely derail your life.

An experienced criminal defense lawyer will fight for your freedom and may be able to get the charges dismissed or reduce your charge so it has a minimal impact on your life. Chris Combs has extensive experience defending theft charges and likely has defended a case just like yours in the past.

All our clients have access to their lawyer 24/7, we offer completely free consultations, and we get back to most inquiries within 2 hours – so you don’t need to worry for days about what’s going to happen next. Contact us today to get one of the best St. Louis criminal defense lawyers on your case.

Missouri: Know Your Legal Rights When it Comes to Law Enforcement  

combschris1 · July 10, 2019 ·

Highlights

A run-in with the law is something we all want to avoid, but unfortunately, it does happen. If you have been arrested by the police, or believe you may be in the future, it is important you understand your rights under Missouri federal and state law. This article will help you fully understand your rights, and what you should do to exercise those rights should you need to.

Sections

All About the Right to Remain Silent
Your Fifth and Sixth Amendment Rights
What Should I Do if I’m Stopped for Questioning?
What Are My Rights if I’m Stopped in My Vehicle?
I Think I’m Going to Be Arrested, What Should I Do?
What Should I Do if I’m Arrested?
What if Officers, Immigration or FBI Agents Come to My Home?
I Believe My Rights Were Violated, What Should I Do?

About the Right to Remain Silent: the Miranda Rights

The right to remain silent (Miranda rights) was introduced to stop law enforcement from forcing confessions out of people. Ernesto Miranda was a poor man living in Phoenix (AZ) in 1963 who was brought in to take part in a police lineup. A woman who had been kidnapped and raped identified Miranda as the man she believed perpetrated the crime.

He was immediately arrested and questioned for two hours, without informing him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of a criminal defense attorney.

Miranda confessed in writing to the crimes, and his statement said that he was aware of his right against self-incrimination. When the case went to trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count.

Later, Miranda appealed his case to the Arizona Supreme Court, and his criminal defense attorney argued that his confession should have been excluded because he had not been informed of his rights, and no attorney had been present during his interrogation. The officers involved admitted they had not explained his rights to him. The state argued that because Miranda had been convicted of a crime in the past he already knew his rights, and Arizona Supreme Court upheld the conviction.

A few years later, Miranda’s case was heard at the Supreme Court of the United States, along with three other similar cases. The court ruled in Miranda’s favor, however, the State of Arizona retried Miranda without his confession, and he was convicted and sentenced to 20 to 30 years in prison.

Because of this case, all law enforcement officers are required to read the rights below to criminal suspects when they are taken into custody:

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed for you.

If your Miranda rights are not read to you, any statements you make can not be used as evidence against you.

To invoke your Miranda rights, simply tell them: “I invoke my right to remain silent and I wish to speak with my attorney.” Don’t speak again until your criminal defense lawyer arrives.

Your Fifth and Sixth Amendment Rights

The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself”.

The Sixth Amendment states that “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense”.

What Should I Do if I’m Stopped for Questioning in Missouri?

If you are stopped for questioning, stay calm, keep your hands where the officer can see them, and don’t resist or run, even if you believe your rights are being violated. If you don’t want to answer their questions, ask them if you are free to leave, and if they say yes, calmly walk away without saying anything that may provoke the officers. If they say no and you are under arrest, ask them why, and then follow the protocol listed under “What should I do if I’m arrested?” further down this page.

You are always allowed to exercise your right to remain silent, even if they are only questioning you, and they cannot punish you for staying silent. If you want to use your right to remain silent, tell them calmly that you are doing so. If they ask you to identify yourself, do so, as local law may require you to do this.

What Are My Rights if I’m Stopped in My Vehicle in Missouri?

If you are flagged down by a patrol car, drive until you find the first available safe place to do so and turn off your engine. Next, turn on your internal cab lights, roll the window down a little and place both hands on the wheel where the officer will be able to see them. When asked to do so, show them your driver’s license, registration, and proof of insurance. If they ask to look around your vehicle, you can refuse to give consent. If they believe your vehicle may contain evidence, however, they can search your car without your consent. Both you and any passengers have the right to remain silent, and if you are a passenger, you can ask if you are free to leave. If they say yes, either wait calmly or get out and walk away.

I Think I’m Going to Be Arrested, What Should I Do?

If you believe you are going to be arrested by the police, the first thing you should do is continue to read this article through to the end and absorb all the information you need to know. Then, prepare yourself and your family or friends on what to do, should you be arrested.

Make sure you memorize the phone numbers of your criminal defense lawyer (or one who may defend you) and those of your family who can help you while you are in jail. If you are the sole guardian of any children or require daily medicine (for example, insulin), put emergency plans in place so that your children go to someone you trust, and someone you know can provide you with the medication you need.

What Should I Do if I’m Arrested?

If your hunch is right and the police come to arrest you, exercise your right to remain silent, and ask for a lawyer immediately. Do everything you can to go willingly, even if you believe the arrest is wrong or unfair, as this will not only help your case but protect you from harm.

If you have properly prepared, you may have a criminal defense lawyer ready to defend you, but if not, they have to supply you with one. If you can’t pay for a private lawyer, the lawyer you are provided with will be done so free of charge. Don’t say anything, sign anything, or make any decisions before your lawyer is present to advise you.

What if Officers, Immigration or FBI Agents Come to My Home?

If the officers don’t have a warrant allowing them into your home, you do not have to allow them access. If they say they have a warrant, ask them to hold the warrant up to a window so you can see it.

If they have a search warrant, they are allowed to enter the address listed on the warrant, but they are only allowed to search for the items listed.

An arrest warrant allows them to enter the home if they believe the person listed on the warrant is inside, regardless of whether it is their permanent address.

A warrant of removal or deportation (ICE warrant) does not allow officers to enter your home without your consent. You do not have to discuss your immigration or citizenship status with them or answer any questions. However, if an immigration agent asks to see your papers, you must show them if you have them with you.

Remember, even if they have a valid warrant, you have the right to remain silent. If you want to speak to the officers, step outside your home and close the door behind you.

I Believe My Rights Were Violated, What Should I Do?

If you believe you were wrongly arrested, treated, or if any of your rights were violated, do as much as you can to document what occurred. If you can, include officer badge numbers, patrol car numbers, where the officers were from, and contact information and statements from witnesses. Then, file a written complaint with the agency’s internal affairs or civilian complaint board. If you wish to do so, you can do this anonymously.

As you can see, it’s vital you understand the power of your Miranda rights and invoke them whenever you feel it is necessary to do so. Never make a statement to a police officer prosecuting you without a criminal defense attorney present. If you believe you are at risk of being arrested in the St. Louis Metro area, speak to us today for a free consultation, and we will be there to support you 24 hours a day if the worst should happen.