Out of Court Statements From Children Under Fourteen | St. Louis Criminal Lawyer

In a Missouri criminal case, there are certain situations where out of court statements of a child under fourteen are admissible without that child having to testify. The determination of whether or not this hearsay is admissible is governed by statute. Section 491.075 RSMo. covers certain crimes where it is alleged that an offense has been performed against a child and there is a witness who is under fourteen years of age who made out of court statements concerning the alleged crime. In these instances, upon objection of the use of these statements during trial, the court must hold a hearing to determine if the statements can be used.

Before the hearing, the prosecuting attorney must make known to the defendant or the defendant’s attorney his or her intention to offer the statements and the particulars of the statements to be used.

During the hearing there is no burden on either party. The court must simply make a fact based determination of several requirements. First, the court must determine whether or not the statements provide sufficient indicia of reliability. Second, the child must also testify at the trial, or the court must determine that if the child were to testify it would cause the child significant emotional or psychological trauma as a result of testifying in front of the defendant.

St. Louis Mardi Gras Yields 70 Arrests | St. Louis Criminal Defense Lawyer

This year marked the 33rd annual St. Louis Mardi Gras celebration. Thousands of revelers took place in this weekend’s Mardi Gras activities with several thousand more expected to participate in the Fat Tuesday celebration. St. Louis City Police Lt. Col. Lawrence O’Toole told the St. Louis Post-Dispatch that the crowd was mostly well-behaved and comparable in size to previous years’ Mardi Gras events.

A police task force comprised of St. Louis City police, St. Louis County police, and the Missouri Highway Patrol did, however, make close to 70 arrests primarily for underage drinking (MIP). In addition to citing underage drinkers for MIP, the task force also made a few other arrests. Most years arrest totals typically include MIP, assault, public intoxication, public urination, and DWI.

If you or a someone you know was cited or arrested for MIP or any other crime during the Mardi Gras celebration, it is important that you hire an experienced St. Louis criminal defense attorney. At Henderson & Waterkotte, P.C., our criminal defense lawyers have a consistent track record of achieving excellent results for our clients. Call us today to schedule a free consultation.

Kirkwood, Missouri Steps Up Enforcement of Prostitution Ordinance

Recently there has been a wave of arrests in the City of Kirkwood in St. Louis County, Missouri for solicitation of prostitution and patronizing prostitution. Many of the arrests have resulted from individuals allegedly calling online advertisements. The ordinance for patronizing prostitution in Kirkwood is as follows:

Sec. 17-91. Patronizing prostitution – penalty.

(1) A person commits the crime of patronizing prostitution if:

(a) Pursuant to prior understanding, he or she gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or her, or with another; or

(b) He or she gives or agrees to give something of value to another person on an understanding that in return therefore that person or a third person will engage in sexual conduct with him or her, or with another; or

(c) He or she solicits or requests another person to engage in sexual conduct with him or her, or with another, or to secure a third person to engage in sexual conduct with him or her, or with another, in return for something of value.

(2) It shall not be an affirmation defense that the defendant believed that the person he or she patronized for prostitution was eighteen years of age or older.

If charged with solicitation and patronizing prostitution, it is vital that an individual obtain experienced legal representation in order to ensure all proper defenses are raised. The St. Louis solicitation and patronizing prostitution lawyers at Henderson & Waterkotte, P.C. have represented many individuals charged with solicitation in and around the St. Louis area, including Kirkwood, and received extremely favorable results for their clients. If you have been charged with patronizing prostitution, call us today to schedule your free consultation. Our lawyers are available 24/7 to begin your confidential defense as soon as possible.

Arrested for DWI: Now What? | St. Louis DWI Defense Lawyer

If you have been arrested for DWI, you may be experiencing a variety of emotions and understandably so. You may be embarrassed because of the situation, scared because of the uncertainty of the process, or nervous as to how your DWI charge will affect you and your future. Fortunately, you have rights during the process and do not have to navigate the criminal justice system alone.

The first thing to remember if you have received a DWI is the various time limitations associated with your driving privileges. The time limitations to act and to preserve your driving privileges depend on whether you submitted to a breathalyzer or whether you refused to submit to a breathalyzer. Also, your decision of whether to submit or refuse to a breathalyzer will not only dictate the time limitations in which you must act, but it will also dictate what course of action is necessary. Accordingly, it is critical that you immediately seek out an experienced DWI lawyer and not wait. Frequently, individuals who receive a DWI think that because they don’t have a court date coming up, they can just deal with it later. This line of thinking can have a devastating impact on your driving privileges.

When seeking out a lawyer, there are several important things to look for. First and perhaps most important is the lawyer’s experience in handling DWI cases. Is the lawyer’s practice devoted primarily to criminal defense and DWI cases? Has the lawyer tried DWI cases? Has the lawyer been successful in preserving his or client’s driving privileges? Does the lawyer have experience in handling felony DWI cases? Cases involving CDL holders? These are all important things to discuss with a lawyer when making your decision. Also, it is important that you feel comfortable with your lawyer. After all, the two of you will be working together in an effort to achieve the best possible result.

At Henderson & Waterkotte, P.C., our lawyers handle a wide variety of DWI cases from first-time offenses to felony offenses. We have a track record of achieving successful results for our clients. If you have received a DWI, call our office today to schedule a free consultation and to learn how the law applies to your specific situation.