St. Louis Criminal Case information
Police officers cannot charge you with a crime. This sounds odd, but it’s true. They can issue a traffic citation or other minor violation, but misdemeanors and felonies must be reviewed and charged by a prosecuting attorney. We equate police officers with criminal charges as they are usually the only contact we have before a charge is filed. However, a detailed explanation of the criminal justice system reveals the importance of having an attorney at every stage.
In many cases the day starts normal enough, you go to work or begin the plan for the day. A police officer calls you, appears at your job or leaves a business card on your door asking that you call to discuss an issue that arose. Believing you did nothing wrong or you can explain the situation and end it quickly, you call the police officer or speak with him at work. He asks you to come to the station to make a statement and you agree. When you arrive at the station, you are placed into an interview room, a brick-walled area with the familiar one-way glass we see on television. He starts the conversation by thanking you for coming in and asking some general pedigree questions, where you live, who lives with you, do you know why you were called? You answer believing there is some misunderstanding that you can fix. You consent to a search of your car or your home or you sign a form agreeing to waive your rights and begin explaining the situation. The conversation quickly turns sour, you are told you are lying and that you better start telling the truth. You realize the officer believes you committed a crime and ask for a lawyer. You are put in a cell and held for court. Your family is contacted and told of your incarceration. When you appear in court you learn the conversation with the police officer was videotaped. Your words were twisted and you feel betrayed by the officer. You call your family and tell them to hire an attorney.
This situation happens daily. Certainly we are available to help, but rather than helping you to understand and assert your rights before a charge is even filed, our work begins by getting your bond reduced so you can be released. Had you called an attorney before the police officer, much of the stress of this situation, and even the incarceration itself, could have been avoided. Having an attorney immediately upon contact from law enforcement can often make the difference. We offer free initial consultations so our clients are aware of their rights and how to handle a difficult situation.
Both Missouri and federal courts have different levels of court. Associate circuit court and federal magistrate judges are usually the first to hear any criminal case. A police officer gathers evidence, including statements from the accused, and presents that information to an assistant prosecuting attorney or a United States Attorney. If they believe there is a sufficient basis, they file a criminal complaint against you. The police officer is then authorized to arrest you. You are then brought before the judge for your arraignment, an informal process wherein the charges are read to you and you enter a plea of not guilty. Your bond is set by the judge and you are returned to custody to either wait for the next court date or to post bond and appear in court on your own.
In a misdemeanor case, the federal magistrate judge or associate court judge is authorized to hear any motions that may be filed, a guilty plea or a jury trial. If the case is a felony, it is set for a preliminary hearing or for a date to be heard by a grand jury. We have all heard the term “indicted” by a grand jury. Clients with cases pending hear this term and react fearfully due to the severity of it as seen daily on the news. However, an indictment is merely the legal tool used to move a case from the lower, associate court to the higher, circuit court. A similar tool used for this purpose is a preliminary hearing. Both act the same in any criminal case, but where the preliminary hearing is an open, in court process, the grand jury operates in a private room within the prosecutor’s office.
Felony cases, particularly federal felonies, are often first charged by indictment. In that instance, there was no initial complaint and you learn about the charge against you by being arrested. While the grand jury process and any indictments they return are secretive, there is often considerable work an attorney can do before an indictment is returned. If you believe you may be indicted, calling our office immediately can help. In many instances we are able to make arrangements for self-surrender and subsequent release, making the initial phase of a criminal case much less stressful. Sometimes we are able to present evidence to the prosecutor for the grand jury to consider. We have had considerable success in this regard. You do not need to wait until an indictment is returned before you hire an attorney. A skilled, knowledgeable lawyer will be able to offer advice that helps diffuse the situation and, in some cases, we can work to prevent the charge from being filed.
Upon indictment, the accused is again brought before a judge for arraignment. If there wasn’t a complaint filed initially, the arraignment judge will determine if bond should be granted and, if so, the appropriate amount. In contrast to state courts, the federal system has a number of charges, including many drug charges, in which it is presumed that bond should not be granted. In these cases, having an attorney who regularly practices in federal court can make a significant difference. Often we are able to point to bonds granted by that particular judge in similar cases we have handled in the past. Demonstrating a need for uniformity can help to get you released. Our years of experience in federal court help us to quickly assess your situation and argue for your rights.
After arraignment at the state circuit or federal district court level, your case will be set for a trial date, leaving enough time for plea negotiations and preparation if the case is to be tried to a jury. We understand that each case and each client is different. Prior to advising our clients as to how to proceed, we obtain and review all police reports and other “discovery” items with our clients. We employ skilled investigators who are former law enforcement officers to ensure every avenue of defense is reviewed. Regularly our investigators, working closely with clients and the attorney, are able to help find facts that lead to a lesser charge or, in some cases, outright dismissal of the case. After our thorough investigation, we meet with the client to provide options as to how to proceed on the case. We explain likely outcomes from each option and work with the client to make sure they are comfortable with how their case will be resolved.
We are a trial office. While we are skilled at negotiating a plea if our client so desires, we try a considerable number of jury trials every year. Prior cases resulting in acquittals for our clients include: assault in the first degree, child abuse, forcible rape, assault of a law enforcement officer, armed criminal action, felon in possession of a firearm, conspiracy to distribute drugs, and felon in possession of body armor to name a few. We have secured dismissals on every type of case from petty theft to first degree murder. Knowing we are involved and our reputation, many prosecutors throughout the state have elected not to charge clients for crimes as severe as statutory rape, felony assault and attempted murder.
Should your case proceed to trial, we meet with clients regularly to make sure we leave no stone unturned. Regular contact with clients guarantees that even the most minor of facts is known and understood before trial begins. We are always available to clients on a 24 hour basis via cell phone, text message and email. Keeping the lines of communication open helps us get you though what is likely the worst situation you will encounter.
Understanding the Federal Sentencing Guidelines ensures we are able to argue for the best possible disposition on a federal case should our clients wish to plead guilty. While not available to judges on many federal cases, when available, we have successfully argued for probation on a number of complicated federal offenses.
We have a considerable number of clients who merely want to put an issue behind them and who are easily eligible for probation on the state level. However, we constantly work to stay in touch with former clients, making sure they do not require assistance while on probation. We also help many with early termination from probation and, if necessary, we defend clients on probation revocation hearings.
Regardless of how your situation begins, you need a lawyer on your side. Waiting or believing you can resolve your issue alone generates stress and problems with work and your family. If you are contacted by law enforcement or you believe you will be, call us for free immediately at (314) 229-1028.
In many cases the day starts normal enough, you go to work or begin the plan for the day. A police officer calls you, appears at your job or leaves a business card on your door asking that you call to discuss an issue that arose. Believing you did nothing wrong or you can explain the situation and end it quickly, you call the police officer or speak with him at work. He asks you to come to the station to make a statement and you agree. When you arrive at the station, you are placed into an interview room, a brick-walled area with the familiar one-way glass we see on television. He starts the conversation by thanking you for coming in and asking some general pedigree questions, where you live, who lives with you, do you know why you were called? You answer believing there is some misunderstanding that you can fix. You consent to a search of your car or your home or you sign a form agreeing to waive your rights and begin explaining the situation. The conversation quickly turns sour, you are told you are lying and that you better start telling the truth. You realize the officer believes you committed a crime and ask for a lawyer. You are put in a cell and held for court. Your family is contacted and told of your incarceration. When you appear in court you learn the conversation with the police officer was videotaped. Your words were twisted and you feel betrayed by the officer. You call your family and tell them to hire an attorney.
This situation happens daily. Certainly we are available to help, but rather than helping you to understand and assert your rights before a charge is even filed, our work begins by getting your bond reduced so you can be released. Had you called an attorney before the police officer, much of the stress of this situation, and even the incarceration itself, could have been avoided. Having an attorney immediately upon contact from law enforcement can often make the difference. We offer free initial consultations so our clients are aware of their rights and how to handle a difficult situation.
Both Missouri and federal courts have different levels of court. Associate circuit court and federal magistrate judges are usually the first to hear any criminal case. A police officer gathers evidence, including statements from the accused, and presents that information to an assistant prosecuting attorney or a United States Attorney. If they believe there is a sufficient basis, they file a criminal complaint against you. The police officer is then authorized to arrest you. You are then brought before the judge for your arraignment, an informal process wherein the charges are read to you and you enter a plea of not guilty. Your bond is set by the judge and you are returned to custody to either wait for the next court date or to post bond and appear in court on your own.
In a misdemeanor case, the federal magistrate judge or associate court judge is authorized to hear any motions that may be filed, a guilty plea or a jury trial. If the case is a felony, it is set for a preliminary hearing or for a date to be heard by a grand jury. We have all heard the term “indicted” by a grand jury. Clients with cases pending hear this term and react fearfully due to the severity of it as seen daily on the news. However, an indictment is merely the legal tool used to move a case from the lower, associate court to the higher, circuit court. A similar tool used for this purpose is a preliminary hearing. Both act the same in any criminal case, but where the preliminary hearing is an open, in court process, the grand jury operates in a private room within the prosecutor’s office.
Felony cases, particularly federal felonies, are often first charged by indictment. In that instance, there was no initial complaint and you learn about the charge against you by being arrested. While the grand jury process and any indictments they return are secretive, there is often considerable work an attorney can do before an indictment is returned. If you believe you may be indicted, calling our office immediately can help. In many instances we are able to make arrangements for self-surrender and subsequent release, making the initial phase of a criminal case much less stressful. Sometimes we are able to present evidence to the prosecutor for the grand jury to consider. We have had considerable success in this regard. You do not need to wait until an indictment is returned before you hire an attorney. A skilled, knowledgeable lawyer will be able to offer advice that helps diffuse the situation and, in some cases, we can work to prevent the charge from being filed.
Upon indictment, the accused is again brought before a judge for arraignment. If there wasn’t a complaint filed initially, the arraignment judge will determine if bond should be granted and, if so, the appropriate amount. In contrast to state courts, the federal system has a number of charges, including many drug charges, in which it is presumed that bond should not be granted. In these cases, having an attorney who regularly practices in federal court can make a significant difference. Often we are able to point to bonds granted by that particular judge in similar cases we have handled in the past. Demonstrating a need for uniformity can help to get you released. Our years of experience in federal court help us to quickly assess your situation and argue for your rights.
After arraignment at the state circuit or federal district court level, your case will be set for a trial date, leaving enough time for plea negotiations and preparation if the case is to be tried to a jury. We understand that each case and each client is different. Prior to advising our clients as to how to proceed, we obtain and review all police reports and other “discovery” items with our clients. We employ skilled investigators who are former law enforcement officers to ensure every avenue of defense is reviewed. Regularly our investigators, working closely with clients and the attorney, are able to help find facts that lead to a lesser charge or, in some cases, outright dismissal of the case. After our thorough investigation, we meet with the client to provide options as to how to proceed on the case. We explain likely outcomes from each option and work with the client to make sure they are comfortable with how their case will be resolved.
We are a trial office. While we are skilled at negotiating a plea if our client so desires, we try a considerable number of jury trials every year. Prior cases resulting in acquittals for our clients include: assault in the first degree, child abuse, forcible rape, assault of a law enforcement officer, armed criminal action, felon in possession of a firearm, conspiracy to distribute drugs, and felon in possession of body armor to name a few. We have secured dismissals on every type of case from petty theft to first degree murder. Knowing we are involved and our reputation, many prosecutors throughout the state have elected not to charge clients for crimes as severe as statutory rape, felony assault and attempted murder.
Should your case proceed to trial, we meet with clients regularly to make sure we leave no stone unturned. Regular contact with clients guarantees that even the most minor of facts is known and understood before trial begins. We are always available to clients on a 24 hour basis via cell phone, text message and email. Keeping the lines of communication open helps us get you though what is likely the worst situation you will encounter.
Understanding the Federal Sentencing Guidelines ensures we are able to argue for the best possible disposition on a federal case should our clients wish to plead guilty. While not available to judges on many federal cases, when available, we have successfully argued for probation on a number of complicated federal offenses.
We have a considerable number of clients who merely want to put an issue behind them and who are easily eligible for probation on the state level. However, we constantly work to stay in touch with former clients, making sure they do not require assistance while on probation. We also help many with early termination from probation and, if necessary, we defend clients on probation revocation hearings.
Regardless of how your situation begins, you need a lawyer on your side. Waiting or believing you can resolve your issue alone generates stress and problems with work and your family. If you are contacted by law enforcement or you believe you will be, call us for free immediately at (314) 229-1028.