What Limits Are in Place for Suing After an Assault/Crime?

One of the first things our firm looks at when investigating a case is whether you or a loved one is limited in bringing a lawsuit for personal injuries.  If you or a loved one are the victim of an assault or some other criminal activity and are seeking compensation for your injuries, then you should know that one of the most important things affecting your ability to bring a case is the statute of limitations. A statute of limitation is a law which limits the amount of time for you to bring a case against a person who injured you or a loved one through reckless, negligent, or intentional action.

In Missouri, a criminal act which caused you or a loved one harm would likely be considered an “intentional act”. Under Missouri law, there is a much shorter time period to bring a case involving harm caused by the intentional acts of another person.  As a victim of an intentional act, like an assault or some other crime, you are required bring a case against the person causing the injuries within two years.

How Can a Missouri Criminal Defense Attorney Help Me?

Being charged with a crime in Missouri can have serious and life-changing consequences.  Whether you are facing a misdemeanor charge for public intoxication or a felony charge for murder, you and your case stand to benefit from hiring a criminal defense attorney.  The aid of a lawyer will greatly increase your chances of reducing your sentence or winning your case outright.

A good criminal defense attorney will not just simply work to prove your innocence or lessen your sentence.  Instead, a good criminal defense attorney will make sure that the State proves its case against you.  In every case the State is responsible for proving its case against you.  A good criminal defense attorney will make sure that the State does its job if you are forced to take your case to trial.

In misdemeanor cases where a plea is necessary, a criminal defense attorney can work to make sure that you do not serve any jail time or lessen the amount of fines and jail time sought by the State.  Your attorney may also plead your case directly to the court and encourage the court to permit you to complete public service hours or pay fines instead of spending time behind bars.

What Are the Consequences of Having a Fake ID?

When it comes to fake IDs, most of us think of high school kids or college underclassmen.  Most often they buy a fake ID online or borrow an older sibling’s drivers license to get into a bar or try to buy alcohol or tobacco.  Even though it is common, it is still a serious offense.  Young people pay no mind to the risk of carrying a fake ID. However, using a fake ID can send you to jail and lead to a permanent record.

Bouncers checking IDs at the front doors of bars can turn all confiscated, suspicious IDs over to the police.  Many bars pay uniformed police officers to monitor activity at the front door or have undercover officers spend time inside.  If caught by these officers using a fake ID, you can be taken into custody immediately.

New Missouri DWI Law Changes: Felony Offenses

Arrested and charged with a Missouri DWI in 2017? You should know that recent law changes may affect the outcome of your DWI case and how you are charged. We talked about 2017’s changes to the misdemeanor offenses already, but now it’s time to review a few different felony classes  (C, D, and E) that can be charged under the law.

Missouri DWI/DUI Offenses: Basic Facts Regarding The New DWI Law

C, D, and E Felony Offenses

  • For your third Missouri DWI, you will likely be charged with a new Felony class in Missouri, the “E felony”. You will be charged with an “E Felony” if you are considered a “persistent offender” or if you “act with criminal negligence to cause physical injury to someone”.

    New Missouri DWI Law Changes You Need to Know

    Arrested and charged with DWI in 2017? You should know that recent law changes may affect the outcome of your DWI case and how you are charged. How serious your charges and their consequences are will depend on many factors, but one of the most important is if any previous DWIs are on your record. This factor will also determine how your DWI is categorized. Your first DWI in Missouri will likely be categorized as a misdemeanor (as long as no one is injured). If this isn’t your first offense, the rules become slightly more complicated.

    Missouri DWI/DUI Offenses: Basic Facts Regarding The New DWI Law

    Misdemeanor Offenses

    • For your first DWI offense in the state of Missouri, you will likely be charged with a “Class B” misdemeanor, unless there are people under the age of 17 in the vehicle with you at the time of the offense. In that instance, you can be charged with a “Class A” misdemeanor. Misdemeanors are less severe than felonies and may be able to be expunged from your criminal record after a certain period.
    • For all “Class B” misdemeanors, you can face up to 6 months of jail time, a 30-day license suspension, fines of up to $1,000.00, and/or other penalties.
    • For all “Class A” misdemeanors, you can face up to 1 year of jail time, fines of up to $2,000.00, a license revocation of up to a year, and/or additional penalties.
    • Note: If someone is injured while you were driving while intoxicated, then you may be charged with a “Class E” Felony (a new class of felonies). I will go over the new felony classes in another post.

    When Can I Have My Missouri License Reinstated?

    After your driving privilege has been revoked, suspended, or denied there are specific steps you must take to get it back. The first is to determine the reason(s) why your license was taken away. You can find this information on the letter you received from the Driver License Bureau when your driving privilege was taken away or on your current Missouri driving record under “Department Actions”.

    Second, using the chart found on the Missouri Department of Revenue website, determine the appropriate forms you need to file and the fees you need to pay. If multiple reasons are listed for why your license was taken away, you must file the necessary forms for each reason and pay each associated fee.

    Is a DWI a Felony or Misdemeanor in Missouri?

    Being convicted of a DWI (driving while intoxicated) or DUI (driving under the influence) charge in the state of Missouri is a criminal matter. These charges can be extremely serious and can potentially follow you for the rest of your life if they’re not properly handled. Heavy fees, license suspensions, community service, jail time, and permanent charges on your criminal record are a few of the consequences you may face.

    How serious your charges and their consequences are will depend on many factors, but one of the most important is if any previous DWIs or DUIs are on your record. This factor will also determine how your DWI or DUI is categorized. Your first DWI or DUI in Missouri will be categorized as a misdemeanor. If this isn’t your first offense, the rules become slightly more complicated.

    4 Surprising Things About Getting a DWI in Missouri

    As a resident of Missouri, getting a DWI (driving while intoxicated) or DUI (driving under the influence) conviction can negatively affect your life in many ways. At worst, you can serve jail time and have your license permanently taken away. In lesser cases, you may just have to pay a fee and/or face some length of probation time.

    The severity of your punishment will depend on many factors including the nature of the conviction, your conviction history, and more. When it comes to knowing how severe your particular consequences may be, it can be difficult to predict how a case may go. First, it helps to know all of the facts. Here are 4 things you may not know about getting a DWI in the state of Missouri:

    You Don’t Have to Submit to Breathalyzer Tests

    Contrary to what the police officer may lead you to believe, you have a right to say “no” to any type of tests you’re asked to take when you get pulled over. This includes any breathalyzer tests, whether at the scene or at the station. Refusing to take these tests may impact your case, but depending on the nature of your case and any previous convictions, it may be better to refuse than take the test.  Again, this all depends on the facts of your specific case and every situation is different.

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