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criminal defense lawyer st. louis

Why Hiring a Public Defender Can Cost You Your Case.

combschris1 · October 14, 2020 ·

Introduction

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

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

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

The Public Defender System in Missouri 

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

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

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

Myths and Misconceptions about Public Defenders 

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

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

How to Qualify for Public Defender Assistance 

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

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

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

Are Public Defenders Overworked in Missouri? 

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

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

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

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

Pros and Cons |Public vs Private Attorneys 

Public vs Private Success Statistics 

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

Public vs Private Costs 

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

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

Public vs Private Workload 

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

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

When Does It Make Sense to Use a Public Defender? 

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

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

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

Don’t Risk It 

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

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

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

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

combschris1 · October 4, 2020 ·

Introduction

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

Experience, Knowledge, & Creativity

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

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

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

Character, Attitude, & Personality

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

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

Winning Is Important 

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

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

Building Personal Relationships With Clients

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

Conclusion

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

Contact us today for a free case evaluation.

Looking To Hire Domestic Violence Attorney in St. Louis, M0?

combschris1 · October 13, 2019 ·

Introduction

Being accused or charged with domestic violence offenses is an incredibly stressful experience and one you shouldn’t go through alone. A domestic violence charge is a serious accusation and can completely derail your life if you don’t do everything you can to prevent it. The best way to do this is to choose a domestic violence lawyer you can trust to fight the charges with you. 

In recent years domestic violence cases garnered substantial media attention which resulted in stricter laws and harsher punishments all across the United States, including here in Missouri. 

What constitutes domestic violence? 

Domestic violence, also often referred to as “adult abuse” in Missouri, includes: 

  • Spousal abuse 
  • Domestic dispute 
  • Battery 
  • Any physical harm you cause toward someone who lives under your roof 
  • Any physical harm you cause toward someone in your family or household through your negligence 
  • Purposely isolating someone 

It differs from a normal assault charge because there is an established relationship between those involved, and the repercussions of domestic abuse are more serious than their assault charge equivalents. 

This relationship is typically between two people who are, or who once were, in a romantic relationship, but can also include any family member by blood or marriage, and anyone the offender currently lives with or who lived with in the past. 

If you want to know more, read our Complete Guide to Missouri Domestic Violence Laws.

What are the possible punishments for a domestic violence charge in Missouri? 

There are four degrees of domestic assault charges; the fourth degree was only added in 2017 to ensure all victims could seek prosecution for any level of physical or isolating abuse. 

1st Degree domestic assault includes any attempts to kill or knowingly cause (or attempt to cause) serious physical injury. 1st-degree domestic assault is a Class B felony unless there are exceptional circumstances (like a second offense), in which case it becomes a Class A felony. A class B felony comes with a maximum sentence of 15 years in prison, while a Class A maximum term is a life term. 

2nd Degree domestic assault includes any attempt to cause (or knowingly cause) serious injury with a deadly weapon, dangerous instrument, or via strangulation. 2nd-degree domestic assault is a Class C felony. The maximum sentence for a class C felony is 7 years in prison. 

3rd Degree domestic assault includes any attempts to cause (or knowingly cause) physical injury, puts the victim in harm’s way through negligent behavior. It also covers any other physical assault to a household member, or knowingly isolating the victim. 3rd-degree domestic assault is a Class E felony. 

4th Degree domestic assault includes any attempts to cause (or negligently cause) physical injury, pain, or illness to the victim. 4th degree is a Class A misdemeanor. A class A misdemeanor has a maximum sentence of 1-year imprisonment. 

Other possible punishments: 

  • Judges also have the ability to order someone to stop abusing, harassing, or stalking a victim through a temporary measure or full order. They have the right to refuse bond or to set bond extremely high if they believe the accused poses a risk to the victim or community. 
  • In most cases, if you are convicted of a domestic violence crime you will lose your right to own firearms. 
  • In Missouri, anyone convicted of domestic assault may be required to pay restitution to the victim, which involves paying for any costs that resulted from the crime, such as medical bills, repairs, and counseling. 

You should also be aware that if you have children you may need to fight to retain custody of those children throughout your case. 

What to Do If You Are Charged 

If you are concerned that you may be the subject of a domestic violence charge, or if you have been arrested, it’s important for you to contact a St. Louis domestic violence attorney soon as possible. All our clients have the personal attention of Chris Combs from day one. You won’t be a number on a list – he will always be there when you need him. 

Can I do anything to minimize the consequences of my charge? 

Of course, having a skilled criminal defense lawyer on your side is the best way to minimize the consequences of your charge, and maybe your only option depending on the judge presiding over your case. 

Judges often get involved in domestic violence cases to work with families and mend broken relationships, wherever possible. The judge and prosecutor in your case often like to see the defendant take steps to tackle the underlying cause of the event through counseling or another suitable treatment. This is often a wise path to take as it can help you avoid some of the consequences of a domestic violence charge. 

Find a Compassionate Missouri Domestic Violence Attorney 

If you are facing domestic violence charges in St. Louis, you need to find a compassionate and competent domestic violence attorney as soon as possible. Chris Combs has ensured successful outcomes for many of his domestic violence clients in the past and can do the same for you, too. 

Click here to find out more about how we represent domestic violence cases. Alternatively, call us today at 314-451-2711 or send us an email to arrange your free consultation. We aim to get back to every inquiry in less than two hours. 

10 Things You Should Look For in a Criminal Defense Attorney

combschris1 · December 7, 2018 ·

When you’re in need of a criminal defense lawyer, something’s gone wrong, and you’re in a position where your liberty, employment and career, family and financial future is in jeopardy. You can’t afford to choose the wrong attorney – you need someone you can trust with your life.

That’s why it’s absolutely vital you find the right criminal defense lawyer for you, your case and your budget as soon as possible. When you set out to find yourself a criminal defense lawyer, you likely don’t know where to start, let alone manage the new stresses in your life. The sooner you find the right attorney for you, the better. Here are the top ten qualities your criminal defense lawyer must have, and if you’re in the St. Louis Metro area, be sure to find out more about how Chris Combs and Combs Law Group can help with your case.

Passion – you want a lawyer who is passionate about what they do for their clients, for their community, and law. Chris Combs has dedicated much of his life to learning everything he can about practicing law, spent his years studying law and the beginning of his career in St. Louis and was born and bred here, ensuring he is in the best position possible to advocate for his clients. The attorney you choose to represent you should display the same passion and dedication for what they do.

Next, ensure they specialize in the area of law for your case. You can choose a lawyer who is a jack-of-all-trades, however, your case will go more smoothly (and will be more successful) if you choose an attorney with years of experience with cases like yours. Combs Law Group has a range of specialties; including traffic offenses, drug possession charges, violent and theft-related crimes. Ask your potential attorney what they have the most experience in and what similar cases they’ve represented.

Experienced – everyone has to start somewhere but choosing a criminal lawyer with years of experience under his or her belt is going to offer you peace of mind and the best chance of success. Most great lawyers start at a larger firm before branching out on their own, so choose an attorney who is open about their background and has a history practicing in your local area or in the area of law you require.

Respected in the local community – No attorney who tries to tell you they can get you off because they’re friends with the judge or law enforcement is to be trusted, however, choosing a firm who is well established and has developed relationships in the local area through longevity and experience is going to help your case move more smoothly. Chris Combs has been practicing law in the St. Louis area for over five years and has developed long-standing relationships with the local police, judges, and prosecutors.

Personalized attention: will you be a priority? This is a vital question to have answered; you don’t want to be a name or number on a list or handed off to paralegals without your knowledge. You need your case to be taken seriously and feel reassured and supported, that’s why we offer all of our clients personalized attention, and you should ensure that your criminal defense attorney or firm does the same. For us, client satisfaction is paramount, and you should look for an attorney or firm who can do the same for you if you aren’t in the St. Louis area.

Relatable – you need your attorney to be a human you relate to, who knows how to speak plainly, and whom you believe has a similar moral compass. When you meet or speak to them for the first time, how do they speak and act toward you? Do they confuse you with jargon, speak down to you, or put you at ease immediately? Use your intuition and go with your gut. If someone makes you feel stupid or uncomfortable look somewhere else.

Around the clock support – If you’ve sought the help of a criminal defense attorney it’s clear you need someone in your corner, especially if there’s a sudden change in your circumstances or a development in your case. If you need your lawyer at midnight, you need them then, not at noon the next day when they are ready to hear from you. All our clients have 24/7 access to their attorney, so they are never left alone and can rest assured that should they need someone to fight for them, their attorney will be there as soon as possible.

They have happy and grateful past clients. You look up the reviews of a restaurant before you go and looking for a defense attorney should be no different. Any good attorney will have past clients championing them and the work they’ve done. These are the people you should listen to and who are going to give you the true pros and cons of working with that attorney or law firm. Combs Law Group has a phenomenal track record of happy customers, and only one Google review below 5 stars – and that’s a 4 star with no complaints! That’s the kind of professionalism and performance history you want in your corner. Never settle for a second-rate attorney; remember this is your future on the line.

Upfront and open about fees. You should maximize your budget for the best lawyers you can get. This is not an area to save money in your life, and you should absolutely get the most experienced and successful lawyer you can, however, ensure you are charged fairly. We offer free case evaluations and charge you by case complexity and an agreed upon legal strategy. Your chosen attorney should be open and upfront, and you should walk away from anyone who ‘guarantees’ to win your case. It violates code, and there’s a difference between confidence and truly believing they can win your case and guaranteeing you a win.

Finally, choose a winner. You don’t back sports teams on a losing streak, so don’t hire an attorney who doesn’t have a backlog of successful cases they can show you. Your lawyer should love to win, be an aggressive advocate for their clients, and have a list of successful cases like yours that they can show you. The knowledge that your attorney has won cases similar to yours will help you stay a little cooler should your case go to trial. Chris Combs and Combs Law Group has a long history of successful outcomes and results, so our clients can rest assured knowing they hired the best people for their defense who will aggressively advocate for them throughout their case.

If you’re looking for a criminal defense attorney in St. Louis, with all the qualities listed above, contact Chris Combs and the Combs Law Group for a free consultation. We’ve restored the lives of hard-working people; from other lawyers to blue-collar workers. We cover the entire St. Louis Metro area and are dedicated to fighting for your future.

Areas Served

We proudly represent clients throughout the St. Louis Metro area including the following municipalities and counties: Affton, Florissant, Chesterfield, University City, Oakville, Wildwood, Ballwin, Mehlville, Kirkwood, Hazelwood, Maryland Heights, Webster Groves, Ferguson, Spanish Lake, Manchester, Lemay, Overlan, Concord, Creve Coeur, Clayton, Bridgton, Jennings, St. Ann, Crestwood, Bellenfontaine, Town and Country, Berkley, Richmond Heights, Maplewood, Ellisville, Ladue, Des Peres, Sunset Hills, Brentwood, Eureka, Olivette, Sappington, St. John, Black Jac, Shrewsbury, St. Charles County, St. Louis County, Jefferson County, Franklin County, Lincoln County, and Warren County, Ste. Genevieve County

Disclaimer

The information on this site is for informational purposes only and should not be interpreted as legal advice. No formation of the attorney-client privilege is created by the use of this site. The choice of an attorney is an important one and should not be based solely on advertisements.
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