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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.

Recently Arrested For A DWI?

combschris1 · October 5, 2019 ·

Introduction

We’re launching a new series of blog articles that focus on the different types of cases we specialize in at Combs Law Group.  The hope is to drive more context around why we are the right choice for you if/when you have a run-in with the law. These articles hope to provide you with some insights into a particular area of criminal defense law and when possible we will discuss some of our recent case files.  These are meant to deliver you a more in-depth look at your particular charges and what you can expect as you move forward with your criminal defense. We hope to cover a variety of crimes from serious felonies to simple traffic tickets. Let us know if you have any suggestions on topics as we continue to share our viewpoints and knowledge about criminal defense law. 

We are going to start with one of the most common criminal charges we handle with our clients – DWIs.  

DWI Laws Missouri

With the exception of speeding tickets, DWI (driving while intoxicated) arrests are some of the most common cases any St. Louis criminal defense attorney handles. Every year hundreds of thousands of people drive while intoxicated, and every year thousands of people get caught and charged with either DWI or DUI.  The first DWI laws were passed over a hundred years ago, but up until the early 1980s drinking and driving was still considered a “minor” offense. But over the past 30 years, the DWI laws across the country and in Missouri have become much more stringent, and as a society, we view DWI’s much more seriously. Most of this has been driven by groups like Mothers Against Drunk Driving, who have worked diligently to reduce the number of DWI related deaths over the years. In 2018 Missouri enacted several new DWI laws that cracked down on DWI offenders even more.  Unfortunately, as these laws have been put in place many people have been caught in the crosshairs. You don’t have to look hard to find someone who has been arrested for drinking and driving. If it’s not you, it’s probably a family member or a friend.  

Unfortunately getting a DWI is real and when you get one you have to face both criminal action and administrative action by the state. The criminal side deals with the state laws you broke, while the administrative side deals with your license.  Let’s take a look at the implications on both sides of the DWI defense.

The Administrative Process

Driving is a privilege in Missouri and the state has the right to take that privilege away if rack up enough points on your license.  Getting a DWI conviction is a sure fast way to see that happen. Under the law the state has the right to take away your driver’s license under the following conditions:

  • A first-time conviction results in a 90-day suspension and you might be eligible for a restricted drivers’ license.
  • A second-time conviction results in a one-year suspension and if that second conviction is within 5 years of the previous one then you could receive a five-year license ban.
  • If you are convicted of DWI three or more times you will receive a ten-year ban.

When you are arrested for DWI the arresting officer is obligated to do the following:

  1. Sends an Alcohol Influence Report form (AIR) to the DOR
  2. Sends  a Missouri Uniform Complaint and Summons, or warrant, if applicable to the DOR
  3. A Notice of Suspension/Revocation of Driving Privilege (Form 2385) and a request for a temporary 15-Day Driving Permit (this will only be issued if your driver’s license is taken).
  4. Your Missouri Driver License, if secured.

When the DOR receives this information they will send you the “Notice of Suspension/Revocation of Driving Privilege (Form 2385).  You have fifteen days from that notice to request a hearing.  This is crucial and you should act quickly so that you don’t pass up the opportunity to get a hearing.  Getting an attorney involved at this stage could mean the difference of you taking the bus for the next three months or having the use of your car.

Suspension vs Revocation

Under Missouri law, if you are a first-time offender you are probably eligible for the ninety-day suspension, while those with a suspension or revocation within the past five years will face a one-year revocation.  The big difference between the revocation and suspension is that you may be eligible for a restricted driving privilege under a suspension. That’s typically not available to those under a revocation.  

To Blow or Not Blow?

The ongoing debate to blow or not to blow has been around since the police started using breathalyzers.  Criminal defense lawyers have differing opinions as to whether you should blow or not blow. The fact is that it really depends on your circumstances.  The law is pretty clear – if you refuse to blow you will lose your license automatically for one year. All the same procedural rules apply, so if you do decide to refuse you will be given fifteen days to file a request for a hearing.  It’s true that if you don’t blow the state then doesn’t have a strong case on the criminal side. However, it can be difficult to overturn a one-year revocation because of refusal.

The Criminal Process

When you’re arrested for a DWI you’re typically taken to jail and held until you sober up which is usually eight to ten hours. Upon your release you will be given copies of your tickets and told to show up in court on the date on the tickets.  Depending on the municipality of arrest that date is likely three to five months away. Naturally, you think well I don’t have to worry about it right now. Wrong! As we’ve just stated you have to act quickly right after your arrest to protect your license.  Even though the criminal proceedings can take months (sometimes years), you should get an attorney right away. 

The criminal process for a DWI is highly dependent on your criminal and driving history.  First time DWI offenders are usually facing a misdemeanor B if convicted which can result in six months in jail and a $500 fine.  Most DWI cases don’t go to trial however, and end up with a plea deal where they keep the DWI conviction of their record with an SIS, or sentence in suspension.  This requires that the defendant go on probation for a specific period of time and if they complete it successfully the conviction is dropped.  

Second, third, a multiple offender DWI cases are more complex.  The state in recent years has clamped down hard on DWI offenders, especially repeat offenders.  It’s not uncommon for defendants with three or more DWI arrests or convictions to be facing prison time for a DWI.  Even if those previous DWI’s were over five years ago, the state laws now consider those into the equation when evaluating a defendant.  

When you bring a DWI case to Combs Law Group we fight the battle on both fronts.  We work to protect your license by representing you in your administrative hearing, and we can file petitions with the court for your restricted driving privileges.  On the criminal side, our defensive strategy is dependent upon your specific case circumstances. If you are multiple offenders our goal is to make sure you avoid jail or prison time and any felony convictions on your record.  If you’re a first time offender we work to make sure that you get the best probation terms possible. 

We’ve defended hundreds of DWI cases all around the St. Louis area in many if not all the municipalities.  Knowing the people and the processes that govern those municipal courts is what makes us the best choice for those who are facing a DWI in any of the St. Louis County municipal courts.  We can get you the outcomes possible so just give us a call today.

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 1st degree is a Class D felony, while 2nd 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.

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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

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