Missouri Laws

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.

Missouri Gun Laws: Are the Open and Concealed Carry Laws Clear?

combschris1 · September 16, 2019 ·

Introduction

In early August of 2019, a man was arrested in Springfield for walking into a Walmart with a loaded AR15 (100 rounds) wearing a bulletproof vest and military fatigues just days after the deadly El Paso shooting, which also took place in a Walmart and left 22 people dead.

In the wake of the El Paso shooting you may think “of course he was arrested!” but the question remains, what exactly was he arrested for? Missouri has open carry laws, doesn’t it? Well, yes, it does, so let’s take a look at what those laws are.

What are the Open Carry Laws in Missouri?

In Missouri, you can openly carry a firearm anywhere they are not prohibited. Municipalities are able to prohibit open carry in certain areas, as are private businesses, and it is also typically not allowed on Church premises, near polling stations, and on federal property.

You are able to carry firearms in your vehicle without notifying an officer, you can carry in state parks, and in restaurants that serve alcohol (but not by the bar). If you want to openly carry a weapon in a public area or built-up space, check with the local laws to ensure you stay on the right side of the law.

The open carry laws in Missouri have raised some debate amongst gun owners, many of whom have pointed out that open carry puts you at a strategic disadvantage in a serious situation, and it requires all other firearm owners to assess your intentions.

What are the Concealed Carry Laws in Missouri?

Anyone over 19-years-old can carry a concealed firearm without a permit or training in Missouri. However, there are certain locations where concealed carry is restricted, and you will need a CCW permit in those areas. (You can find out more about Missouri gun laws here)

You are not permitted to carry a concealed firearm on any school facility (unless you have explicit consent of the governing body), any child-care facility, any law enforcement facilities, federal buildings or land, amusement parks, religious organizations, private property where the owner has prohibited concealed carry, and more, which are listed here.

Common Gun Charges in Missouri

Unlawful Possession of a Firearm: If you have already been convicted of a felony, there are no circumstances in which you can lawfully own a gun. You can also not possess a gun if you are wanted for a crime elsewhere, are intoxicated or drugged, or judged to be mentally incompetent.

Unlawful possession of a gun is a Class C felony. This does not apply to an antique firearm. A Class C felony has a maximum penalty of a prison term of ten years in prison (with no less than three years).

Unlawful Use of a Weapon: Unlawful use of a weapon in regard to gun laws, includes:

Setting a spring gun
Firing a gun into a vehicle, boat, aircraft, home, or any other structure where people gather
Angrily or threateningly exhibiting a weapon in the presence of other people
Firing a gun within 100 yards of a school, church, or courthouse, across or along a public highway

Punishment for unlawful use of a weapon is a Class D felony in most cases, though there are many exceptions. A Class D felony has a punishment of up to 7 years in prison and a fine of up to $5,000.

If you discharge a weapon at a vehicle it is a Class B felony, which is punishable by a maximum of 15 years in prison (no less than 5 years).

Defacing a Firearm: It’s a crime to knowingly deface a gun in Missouri, so this includes removing any identifying marks by the manufacturer or importer. Defacing a gun in this way is a class A misdemeanor, which is punishable by a maximum of one year in jail and a fine of no more than $2,000.

Fraudulent Purchase of a Firearm: Fraudulent purchase occurs when someone entices, persuades, encourages, or solicits someone to sell a firearm or ammunition to them when they are in full knowledge that the transaction is illegal. This also covers falsifying your information in order to purchase a firearm or ammunition.

Fraudulently purchasing a firearm is a Class E felony. A Class E felony is punishable by a prison term of up to 4 years.

Unlawful Manufacture, Transport, Repair, or Sale of Certain Weapons: if you knowingly possess, manufacture, transport, repair, or sell an explosive weapon, a gas gun, bullets and projectiles that explode or detonate on impact, a machine gun, sawn-off shotguns and rifles, and silencers.

These crimes are a Class C felony, penalties of which are a prison term of up to 10 years and a fine of up to $5,000.

Terrorist Threat: In the case of the Springfield arrest, a terrorist threat 1^st degree is a Class D felony, while 2^nd degree is Class E.

So What Happened in Springfield?

On August 8, 2019, 20-year-old Dmitriy Andreychenko was arrested on suspicion of first-degree making a terrorist threat and was charged the next day with making a terrorist threat in the second-degree, which is punishable with up to 4 years in prison and is a Class E felony.

Andreychenko walked into the Springfield Walmart with multiple weapons, including an AR15 and 100 rounds in ammunition, wearing military fatigues and a bulletproof vest. Although he never fired the gun, his presence and actions in the store caused shoppers to panic, flee, and called the police about an active shooter. The store manager made the decision to pull the fire alarm and evacuate the store.

Andreychenko was seen pushing a shopping cart and filming a video with his cellphone. Andreychenko tried to leave the premises prior to the arrival of the police but was detained at gunpoint by an off-duty firefighter. His actions came just days after two deadly shootings; one at an El Paso Walmart in which 22 people were killed, and another in Dayton, Ohio where a further 9 people died, including the shooter’s own sister.

Andreychenko’s motives are still unclear; whether he had planned to kill the people or not or simply film people’s reactions to his presence, it was not a good idea.

“His intent was not to cause peace or comfort,” Lieutenant Mike Lucas told KYTV of the Missouri suspect. “He’s lucky he’s alive still, to be honest.” Had the off-duty firefighter not detained him, he may have come up against another person with a firearm who was less willing to give him the benefit of waiting for law enforcement to arrive and take control of the situation. Police praised the firefighter’s quick actions.

While private businesses are well within their right to prohibit open carry in their stores and on their premises, Walmart is not one of them.

Was it a good idea to walk into the Walmart in a bulletproof vest and a rifle? No. While what he did wasn’t technically illegal in Missouri, or in Walmart, doing so can easily be construed as threatening behavior – and even more so after the events of the previous day.

Has This Happened Before?

Arrests and convictions even where open carry is legal is not unusual after a mass shooting event. In April 2013, an Iraq and Afghanistan war veteran attending a pride event in Colorado Springs on the day after the Aurora theater shooting was arrested for openly carrying his handgun (though unlike Andreychenko, his gun was holstered to his belt). Apparently, the officers involved were unaware that it was perfectly legal to openly carry a weapon in a city park in Colorado. [link: krdo.com/news/local-news/man-sues-colorado-springs-after-wrongful-open-carry-arrest/34080516] He later filed a lawsuit because his rights were violated and won $23,000 against the city.

In 2016, a man legally carrying a gun in Dallas during the police protests was mistakenly arrested while peacefully protesting.

Similarly, in Toledo, Ohio in 2015, Shawn Northrup went out for a walk with his wife, daughter, grandson, and dog with his cellphone and a semiautomatic handgun holstered to his belt. A passing motorist took umbrage with his open display and yelled, “you can’t walk around with a gun like that!” and after a heated exchanged, he called the police. Northrup was detained for 90 minutes but his charges were eventually dropped.
The fact is that it’s completely legal to openly carry or carry a concealed weapon in most locations in Missouri, so if you are charged or under investigation for a gun law violation in the St. Louis Metro area, it’s vital you talk to an experienced gun law attorney as soon as possible. Contact us today to arrange a free consultation and ensure you get the very best outcome possible and protect your rights as an American citizen. We aim to get back to all inquiries within just two hours, so you don’t need to wait to receive the legal support you need.

The Complete Guide to Gun Charges in Missouri

combschris1 · May 15, 2019 ·

Every American citizen has the right to bear arms, at least until something goes wrong. When things go wrong your right to own and possess firearms may be taken away, at best, and you may go to prison in the worst of circumstances. Missouri is a gun friendly state, and if that’s important to you then it’s vital that you fully understand gun laws and charges in the state so you can remain on the right side of the law, or take action to retain your right to bear arms.

Any firearms charge is a serious offense, and if you or someone you know has been charged with one it’s important you educate yourself on the different charges so you can act accordingly. If you need immediate help from a criminal defense lawyer in the St. Louis metro area, you can contact us today for a free consultation, however, if you have more time, read on as this article will guide you through everything you need to know about gun charges in Missouri.

What You Should Know About Gun Possession and Ownership in Missouri
- Do I Need a Background Check to Purchase a Gun?
- Do I Need a Permit?
- Can a Minor Own a Gun?
- Do I Need a Permit to Carry a Gun?
- Do I Need a License to Sell a Gun or Ammunition?
- Can I Own Semi-Automatic or Fully Automatic Weapons in Missouri?
How Missouri Gun Laws Differ from Other States
Missouri Gun Offenses
- Penalties
- Unlawful Possession of a Firearm
- Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons
- Unlawful Use of a Weapon
- Defacing a Firearm
- Fraudulent Purchase and Illegally Obtaining a Firearm
Firearms and Domestic Violence
Do I Have to Report a Lost or Stolen Firearm?
What Should I Do if I’ve Received a Charge for a Gun Offense?

What You Should Know About Gun Possession and Ownership in Missouri

Let’s start with the basics, so if you’re on the right side of the law, you can stay on it.

Do I Need a Background Check to Purchase a Gun?

Yes, if you are buying your firearm from a store you will have to go through a background check. However, there are no background checks required for a private sale. The buyer must be 19 years old, provide ID, and if the seller has any prior knowledge that the buyer is not lawfully allowed a firearm, they may be in legal trouble if this is discovered.

Other requirements for purchasing a firearm from a store in Missouri are:

Citizen or resident of the US, and resident of Missouri
Have taken a firearms training course
Have not been convicted of a felony or misdemeanor
Do not meet any of the other criteria listed in the Unlawful Possession of a Firearm section below

Do I Need a Permit to Own a Gun?

No, you don’t need a permit and you don’t need to register your firearms in Missouri, and there is no waiting period prior to purchase.

Do I Need a Permit to Sell a Gun or Ammunition?

No, Missouri does not require to own a license, though if you intend to do so on a commercial basis, check with your local jurisdiction. You do not need to ensure that the person purchasing ammunition from you has a license or permit, nor do you need to maintain a record of who has purchased ammunition from you.

Firearms and Minors in Missouri

You can buy or give a minor a firearm in Missouri, though they aren’t allowed to buy one for themselves, provided you have the consent of their parent or legal guardian. Missouri does not penalize individuals for negligently storing or leaving a gun where a child can easily gain access to it.

Do I Need a Permit to Carry a Gun?

As of January 2017, Missouri is a constitutional carry state, which means you don’t need a permit to conceal or openly carry a firearm, however, there are some areas where concealed carry is restricted, and you require a CCW permit in these areas so it’s best to check with local law.

You are free to carry your gun in your vehicle, and you don’t have to notify an officer if you are approached on official business.

Obtaining a concealed carry license is a good idea if you want to carry your gun freely but often travel into built-up areas that may require them, or travel out of state, though you need to check that those states honor your license.

Can I Own Semi-Automatic and Fully Automatic Weapons?

You can own, and hunt with, some semi-automatic rifles. If you want to own a fully automatic weapon in Missouri, you must go through an intensive FBI background check and pay the federal firearms tax.

How Do Laws in Missouri Differ from Other States?

Missouri has some of the most lenient gun laws in the United States, and providing you don’t meet any of the conditions to why you aren’t allowed to possess a gun (see the Unlawful Possession of a Firearm section below), you should be able to legally own a gun without registering it with the state, without registering it or obtaining a license or permit.

Missouri has come under some criticism for its especially lax gun laws and scores an “F” by Giffords Law Center, an organization against gun control. In 2017, Missouri had the sixth highest gun death rate among the states, and it supplied “crime guns” to other states at a higher rate than the national average, due to the fact that the state exports more “crime guns” than it imports.

Missouri Gun Offenses

Below you’ll find a list of the different gun offenses in Missouri and the classes of charge you can receive for these offenses.

Class C Felony – a prison term not exceeding 7 years and a maximum fine of $10,000.

Class D Felony – a prison term up to 7 years or one 1 year in jail, and a maximum fine of $10,000.

Class A Misdemeanor – maximum jail time of 1 year and a maximum fine of $1,000.

Class B Misdemeanor – maximum jail time of 6 months and a maximum fine of $500.

Unlawful Possession of a Firearm: Class C Felony

A person is guilty of unlawful possession of a firearm if they have a firearm in their possession and they:

have been convicted of a felony under Missouri law, or another crime in the US that would be considered a felony within Missouri
are a fugitive
habitually intoxicated (alcohol or other substances)
adjudicated as a mental defective or have been committed to any mental institution
are an illegal alien
were dishonorably discharged from the armed forces
renounced their US citizenship
are subject to a restraining order from an intimate partner or child of an intimate partner
have been convicted of a misdemeanor domestic violence charge.

This does not apply to antique firearms.

A charge for unlawful possession of a firearm is a serious offense, and you should seek advice from a criminal defense lawyer as soon as possible.

Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons and Ammunition: Class C Felony or Class A Misdemeanor

This can apply to weapons other than guns (such as explosives), but for the purpose of this guide, we will focus solely on the crimes relating to firearms. A person is guilty of committing a crime if they knowingly possess, manufacture, transport, repair, or sell:

Any bullet or projectile that explodes or detonates on impact due to an independent explosive charge
A gas gun
A machine gun
Any short-barreled rifle or shotgun
A silencer for a firearm

If you are found in possession of a gun while intoxicated you can be charged with a Class A misdemeanor. If you are found in possession with an unloaded firearm in a school facility you will be charged with a Class A misdemeanor. However, if the weapon is loaded the crime increases to a Class D felony.

Unlawful possession of a machine gun, short-barreled rifle, sawn-off shotgun, or silencer is a federal offense, and will be taken seriously. If you’ve made a mistake, a criminal defense lawyer will be able to get to work defending your case.

Unlawful Use of a Weapon: Class D Felony or Class B Misdemeanor

It is illegal to use weapons in certain ways in Missouri, and in specific circumstances. This pertains to guns in the following ways:

Setting a spring gun
Shooting a firearm into a home, car, boat, aircraft, or any structure in which people assemble
Angrily exhibiting a weapon in the presence of one or more people
Discharging a firearm within 100 yards of an occupied school, church or courthouse.

All of the above are Class D felonies, other than discharging a firearm within 100 yards of any occupied school, church, or court, which is a Class B misdemeanor. This also includes shooting a firearm across or along a public highway (any road), carrying a firearm into a church, into a precinct on election day, or into any government building.

Defacing a Firearm: Class A Misdemeanor

It is also a crime in Missouri to knowingly deface any firearm. This means that any action that destroys or renders any identifying marks (such as those made by a manufacturer or importer).

Fraudulent Purchase of a Firearm: Class D Felony

Illegally obtaining a firearm and fraudulent purchase happens when a person solicits, persuades, encourages, or otherwise persuades anyone to sell a firearm or ammunition when the buyer knows the transaction would violate the law.

This includes if you provide false information to attempt to purchase firearms. Anyone who attempts to use another person to buy prohibited firearms or provide a seller with false information also is guilty of the crime.

Firearms and Domestic Violence

If you need to know about Missouri domestic violence laws in regards to use of a deadly weapon, you should read our other guide: A Complete Guide to Missouri Domestic Violence Laws as it will be able to tell you the offenses and penalties for these charges. Missouri does not prohibit individuals convicted of a domestic violence misdemeanor from purchasing or possessing firearms or ammunition (though federal law does), nor does it require the surrender of firearms and ammunition by domestic abusers who are prohibited from possessing firearms and ammunition under federal law, or the removal of firearms at the scene of a domestic violence incident, though the attending offers may do so.

Do I Have to Report a Lost or Stolen Firearm?

No, in Missouri you are not required to report the loss or theft of a firearm, though in many cases it is smart to do so if you believe the firearm has been stolen.

What Should I Do if I’ve Received a Charge for a Gun Offense?

If you or someone you love has received any charge for a gun offense in Missouri you need a criminal defense lawyer on your side. An experienced criminal offense attorney will be able to act quickly to ensure your case doesn’t escalate further and advise you on what action to take next. Depending on the severity of your charge, your freedom to possess firearms or even your own freedom may be at stake.

We are experienced St. Louis criminal defense attorneys, and we’ll act quickly to advise you on your case in a free consultation, and then get to work on your case right away. Every one of our clients gets full personal attention and we are available 24 hours a day from the moment of arrest. We’ll work to get you the very best outcome, whether the case goes to trial or not. As experienced St. Louis criminal defense attorneys, we understand that mistakes happen, and we’re dedicated to ensuring they don’t take away your liberty.

Should I Hire a Lawyer to Take Care of My Traffic Tickets and Violations in Missouri?

combschris1 · May 2, 2019 ·

Getting a traffic ticket is never a good thing, but the severity of the ticket will depend on your financial situation, current circumstances, and past violations. In the most severe situations, you may even have your driver’s license revoked or face jail time. For a first-time minor violation, it may feel like it is much easier just to pay the ticket and forget about it, but if the situation is one you won’t be able to move on from easily, you may need to enlist the help of a traffic ticket attorney

How Can I Fix My Traffic Ticket?

In Missouri, you can usually pay your ticket fines online, by mail, by phone, or in person. If you decide to pay your ticket you admit guilt and you will no longer be able to contest the ticket. If you don’t want to admit guilt you need to contest the ticket for the chance of having the ticket reduced or even dismissed.

You have three options, you can:

Pay the fine
Pay the fine and take the Driver Improvement Program (DIP)
Contest the ticket

The DIP program will allow you to reduce (or eliminate) the number of points you receive on your record after a violation. So, for example, if you got caught speeding, you could pay your fine, do the DIP, and have no points on your license which means your insurance company does not need to know about the violation.

Whichever option you choose, you must respond to the ticket within 30 days or you can face additional fines or penalties, such as license suspension.

If you choose to plead “not guilty” to a ticket, you need to complete a Not Guilty Plea form and a copy of your ticket. Most tickets have instructions for how you can fight your charge.

Traffic Violations and Penalties in Missouri

Penalties for violations are uniform across the state, but fines will vary from court to court.

Missouri’s Department of Revenue (DOR) may suspend or revoke your driver’s license if you accumulate too many points in a certain time frame.

If you accumulate 8 points or more within 18 months you will have your license suspended for 30 days. Your second suspension will be for 60 days, and your third (and suspensions after) will be 90 days.

You will have your driver’s license revoked for 12 months if you accumulate:

12 points or more within 12 months
18 points or more within 24 months
24 points or more within 36 months

Your traffic ticket (your points) will stay on your driving record for at least 3 years, and it will affect the price of your insurance for that time. If your driver’s license is suspended or revoked, it will stay on your record for 5 years.

The number of points you will receive depends on the severity of your violation; the most common violations carry a low number of points. These include:

2 points for careless and imprudent driving, such as a speeding ticket issued by a county or municipal police officer, running a red light, failure to maintain a single lane, and following too closely.
3 points for excessive speeding or getting a ticket from a state police officer.
4 points for driving without a license or permit.

Severe violations escalate quickly with subsequent violations. These include:

8 points for DUI.
12 points for driving with a suspended or revoked license.

These severe violations may lead to a large fine, your license being taken away, or in particularly bad situations, jail time, so it’s imperative you seek out an attorney’s help.

You can find a comprehensive list of offenses and points through the MO Department of Revenue [link: ].

Individual Violations

Speeding between 5 and 20mph over the limit is a Class C misdemeanor. Excessive speeding (more than 25mph over the limit) is a Class B misdemeanor.

Careless and imprudent driving, when it applies to incidents of road rage or accidents, can result in up to a year in jail.

Failure to yield to an emergency vehicle can result in a Class A misdemeanor.

Texting while driving is currently only illegal for drivers under 21, however, the distraction can cause other violations.

Failure to have adequate insurance – or any – will earn you 4 points and possible suspension.

Pros and Cons of Hiring a Lawyer to Fix Your Traffic Ticket

Pros

They Have the Expertise You Need – traffic ticket attorneys have the expertise to fight your case in ways you wouldn’t think of on your own. They are experienced with cases just like yours and know the law inside out – they’ll know the weak points to exploit to have the consequences of your violation reduced, or even dismissed.
Continue Life as Normal – in many cases of common or simple traffic offenses, your attorney can attend your hearing without you, meaning you can continue to go to work as normal, avoiding any awkward conversations with your boss or clients
Save Time – appearing for yourself in court can take hours. Many courts’ schedules are only a guide, are open only on a Friday afternoon, or they run on a first-come-first-serve basis. An attorney will attend in your stead so you won’t waste hours waiting for your few minutes in the hearing.
Negotiate a Better Deal – your attorney will be able to take your driving and criminal record into account, as well as other circumstances such as weather conditions, and argue for a reduced fine and points.
Prevent Escalation – if you intend to contest your traffic ticket but aren’t sure about how you should go about it, you may do more harm than good, especially if you forget to fill in the right forms at the right times.
Help Prevent Suspensions – if this isn’t the first offense you may be at risk of having your license suspended, which will severely disrupt your life. What will you do if you can’t get to work because you can’t drive? Can you find someone to be your taxi for 30 – 90 days? Worse, if your job depends on your ability to drive, you may find you no longer have a job waiting for you. It’s imperative you hire a lawyer if you believe you are at risk of having your license suspended.
Prevent Your License Being Revoked – if your license is revoked you will no longer have the ability to drive. If you rely on your vehicle heavily you will find your life is drastically impeded. A traffic ticket attorney will fight to keep you behind the wheel, so your life can carry on as normal.
Cost – While you will find the cost listed in the cons below, hiring an attorney will nearly always save you money. If you are in the St. Louis Metro area and are able to enlist our help, we are often able to keep points from your license for just $49.99. However, if you call us right now and mention that you read this article we will “fix” the ticket for just $35. That’s certainly a lot less than you’ll pay your insurance company for the increase over the next three years!

Cons

Cost – understandably, hiring a traffic ticket attorney to fight your violation will cost you some money. If this is your first ticket and you are prepared to do the DIP, that will likely be the most cost-effective route for you. However, if there is a chance that points will be put on your record and drive up the cost of your insurance for the next three years, then an attorney may be able to save you money over the long term. The cost of having your license suspended or revoked may cost you your job, so it’s a no-brainer to hire an attorney to fight to get you the very best circumstances.

Should I Hire a Lawyer for My Traffic Violation?

At first glance, it may seem like an overreaction to hire a traffic ticket attorney, but you have the right to challenge your ticket if you don’t feel you are guilty. If you have received a ticket and it isn’t your first offense you’ll likely want an attorney to fight for you to get the points or fine reduced.

If you are accused of a serious violation (DUI, accusation related to an accident, road rage) you need a traffic ticket lawyer on your side.

If you have received a traffic ticket in the St. Louis Metro area in Missouri and want to contest it, we are a team of experienced traffic ticket attorneys and are here to help you with any ticket, whether it’s your first offense, or forth. We offer a simple and cost-effective solution for your speeding and other moving violation tickets – for most clients, we can stop you receiving points for as little as $49.99. If you’re interested in learning more about how we can help you, click here and arrange a free consultation or call us right now to speak with an attorney – 314-578-1465.

Ultimate Guide To Missouri Arrest Warrants

combschris1 · February 27, 2019 ·

If you are concerned that you or someone you know or want to employ has a warrant, then you need to find out the truth quickly before things spiral out of control. No one is required to notify you of a warrant, so it’s up to you to act and get the information you need to make decisions that will help you get the best outcome. This article will guide you through everything you need to know about criminal arrest warrants, how to check if you or someone you know has a warrant in Missouri, and what you should do if you are the subject of an arrest warrant. If you’re concerned about a current warrant you have – call Combs Law Group at 314-578-1465 today and we can do a free warrant search for you to see if you have an active warrant for your arrest.

What is a Warrant?

An arrest warrant authorizes the arrest and detention (for 24 hours without formally issuing a charge) of someone by any law enforcement officer who comes across that person. A warrant is issued by a judge or magistrate and the agent or officer involved must attain a sworn affidavit showing probable cause exists that a specific crime was committed by the person(s) named in the warrant.

A warrant is often required for misdemeanors that do not occur within view of a police officer, though is usually not needed to arrest someone for a felony since this can mean that the person who committed the felony is a danger to others or a flight risk.

The warrant process goes like this:
Judge issues order > Court Records Unit creates the document > Warrant Division inputs information into various computer systems > apprehension of subject > court appearance.

What Kinds of Warrants Are There?

There are a few different types of warrants and they all represent different situations and different consequences, which you’ll find listed below in alphabetical order.

Alias Warrant – this is issued when a subject fails to appear in court for a scheduled court date before any plea has been entered, or if a subject fails to respond to a citation or by mail. Failure to appear is an added charge.
Bench Warrant – this is a variant of an arrest warrant and is usually issued when a subject fails to appear for a required court appearance.
Capias Warrant – this is issued when a subject has a guilty judgment either through a court appearance, plea, or arraignment in jail, and fails to pay a fine or complete specific conditions within a required time period.
Civil Capias Warrant – this is a special kind of apprehension order, issued in civil court cases where the defendant repeatedly fails to comply with the judge’s orders. These can also be called “Body Attachments” and “Mittimuses”, and are different to criminal warrants since they aren’t issued to arrest anyone, but instead get them to the court for the hearing.
Criminal Warrant – this is issued when someone is suspected of a crime and there is enough probable cause to arrest them.
Fugitive Warrant – this is issued by another state when a suspect is believed to be within a certain jurisdiction.
Governor’s Warrant – this is issued by the Governor’s office so the suspect, who committed a SIGNMEUPcrime in a different state, may be arrested within another and transported back.
Search Warrant – a search warrant is a little different than the others. The fourth amendment protects people from unreasonable searches and seizure of their person, vehicle or places. For an officer or agent to attain a search warrant, there must be probable cause and they must attain a sworn affidavit. This kind of warrant simply means they have probable cause to search what they want in the way they want, it’s not a warrant against you, though obviously they wouldn’t attain a search warrant if there wasn’t an ongoing investigation in which they suspect you of a crime.

How Serious is a Warrant?

A warrant is serious and it means any police officer can take you into custody at any time. You should act quickly if you discover there is one out on you. A warrant will leave you with a criminal record and that last for your lifetime. In Missouri, having a warrant will affect your ability to get a bank loan, and many employers run potential employee names through a criminal search to learn about their past, and having a warrant will likely affect your employability.

What Happens When a Warrant is Placed On Me?

When a police officer has probable cause that a suspect committed a certain crime, they approach a judge to issue an arrest warrant. This means any law enforcement officer who comes across you has the right to take you into custody.

Will the Court Notify Me?

They might, but it’s not likely, and it’s not required. If you do receive a letter then they are allowing you the chance to take care of the warrant yourself, but if you have an arrest warrant then they will want to take you into custody, not wait for you to turn yourself in. That’s why if you discover you have a warrant out for your arrest you should contact a lawyer and act as quickly as possible.

How Do I Check if I Have a Warrant Out For My Arrest?

The Missouri state system maintains a statewide public database that you can use to search for parties, court judgment, and charges in the public court system. The easiest way to check for warrants in Missouri is to search the public record online or call the sheriff’s office in the county the warrant may be issued. You can visit Case.net [link: www.case.net] and input someone’s last name, then click on the tab for docket entries to see any warrants. You can also narrow your search by city, county, type of warrant, and alias information.
There are also third-party websites that provide free warrant checks in Missouri, though you may have to pay a fee to access the public records. You can find a list of specific county websites here [link: https://publicrecords.onlinesearches.com/Missouri-Warrants.htm].

Be aware that some kinds of cases are not on public record, such as domestic violence offenses and juvenile offenders, so you will need to hire an attorney to search these cases on your behalf. Most, but not all criminal defense lawyers have access to certain law enforcement databases that will be able to confirm whether there is an active warrant.

Can I Find Out if a Friend, Family Member or Prospective Employee Has a Warrant?

Yes, if you need or want to check if a friend, family member or prospective employee has a warrant you can do this the same way you would search for one on yourself, though be aware that certain warrants, such as those for domestic violence charges, are kept from the public record and require an attorney to discover.

Do Warrants Ever Go Away?

The short answer is: no. You may move away and not hear anything about it for many years, but it only takes an officer to pull you over for speeding and look you up on their system to discover the warrant. Warrants do not expire and remain outstanding until you pass away or if the judge recalls it for some other reason.

What Should I Do if I Have a Warrant?

Don’t ignore it. Try to address your warrant as soon as possible, and it’s recommended you seek a lawyer for legal help immediately. They will be able to advise you on the best way to move forward and attain the best outcome for you and your case. Most importantly, if you retain an attorney before the warrant is issued but you know one is coming, they can immediately file an entry of appearance on your case and start negotiating a bond reduction on your behalf. It is much easier to have an attorney on retainer before you find yourself sitting in jail with a high bond.

Another issue, that arises regularly is if you are caught with a controlled substance, law enforcement will book and release you without a court date. This is because before law enforcement can apply for a warrant the suspected narcotics must be sent to the crime/drug lab to be tested, and this lab sheet must show that what you possessed was indeed a controlled substance. These lab tests can take 4-10 months depending on which jurisdiction you are in and how backed up the lab is at that point in time. Many clients call in a panic or find themselves under arrest for something that happened nearly a year ago. There are other reasons why you want to have a lawyer on retainer before the warrant is issued.

You must appear in court for your hearing unless you have a good reason why you are unable to, which will be explained to the judge in your absence, and they will reschedule your court date. Failure to appear is a crime and they may fine you or even take you into custody should you fail to appear at your court hearing.
To have a bench warrant cleared you must appear in court personally, with your attorney, or your attorney’s appearance on your behalf. If the warrant is for a felony then you must personally appear no matter what.
If you have a Capias warrant, then you can resolve it by paying the fine in full, or to be released from jail for “time served” by remaining in jail until enough jail credit has been earned.

What Happens if I Turn Myself In?

Deciding to turn yourself will always work in your favor, though it is wise to speak to an attorney first so you know what to do and say, especially when appearing in court. If you have a bench warrant then turning yourself in and appearing before a judge sooner rather than later will help you get it lifted quickly.
Whether you have an attorney or not, you must explain your behavior satisfactorily, and your decision to turn yourself in should reflect well on you. Once you have legal representation, it is much easier to turn yourself in than be caught and taken into custody by police officers.

If you have a warrant out against you in the St. Louis Metro area, Combs Law Group is here to help. We are a criminal defense and personal injury law firm experienced in all areas of criminal defense and can assist you with your case, help you make the best decisions and discover any outstanding warrants you have. If you are worried you have a warrant out for your arrest or have discovered you have one in the St. Louis Metro area, don’t hesitate to contact us today to arrange a free consultation as soon as possible.