St. Louis DWI & Criminal Defense Blog

Accepting a Plea Deal Versus Going to Trial

A defendant in any criminal case in Missouri has the right to request a trial, even on a simple traffic violation. There are two different types of trials in Missouri criminal cases. A bench trial is a trial conducted without a jury. In a bench trial, the judge has the sole responsibility of determining guilt or innocence of the defendant and imposing sentence if the defendant is found guilty. In a jury trial, twelve individuals make-up the jury and these individuals are responsible for determining whether the defendant is guilty or not guilty. A jury verdict in a Missouri criminal case must be unanimous.

The U.S. Constitution gives a person accused of a crime punishable by a sentence longer than six months the right to be tried by a jury. In Missouri, for example, class B misdemeanors are punishable by up to six months jail. Therefore, the defendant has the right to a jury trial if he or she is charged with a class B misdemeanor. An example of a class B misdemeanor in Missouri is a first-time DWI case.

In every criminal case, the decision to accept a plea bargain or request a trial is solely the defendant’s decision after being advised of the risks and benefits of a trial from the lawyer. Most misdemeanor cases are disposed of without a trial, because favorable plea deals can typically be worked out. In fact, most criminal cases in Missouri are disposed of without a trial. However, the question to proceed to trial or accept a plea bargain is one the defendant should make carefully and based upon an experienced criminal defense attorney’s advice. There are many aspects to consider when making this decision such as the likely punishment if you are found guilty, favorable evidence and witnesses to present in court versus incriminating evidence and unfavorable witnesses, the strength of the prosecutor’s case, the credibility of witnesses and police officers, among other considerations.

At Henderson & Waterkotte, P.C., our St. Louis criminal defense lawyers prepare every case as if it’s going to trial. This allows us to negotiate from a position of strength with prosecutors. This also allows us to receive favorable plea deals in many cases. However, in other cases, a trial may be the best option for a client. If you or loved one is facing a criminal charge, call our St. Louis criminal defense trial lawyers today for a free consultation.
 

Missouri Supreme Court to Decide Warrantless Blood Draw

The Missouri Supreme Court will soon hear arguments in Missouri v. McNeely and eventually make a decision regarding a very controversial subject -- warrantless blood draws on alleged drunk drivers.

This case began on the evening of October 3rd, 2010 when Tyler McNeely was pulled over for speeding and improper lane usage. After the officer made contact with McNeely, the officer claims he smelled a strong odor of alcohol and that McNeely's eyes were glassy and bloodshot. The officer conducted four different sobriety tests, to which he claimed McNeely performed poorly. McNeely was then placed under arrest and the officer began to transport him to the police station. On the way to the station McNeely stated he would not submit to a breathalyzer and so the officer changed his route to a nearby medical lab. Once they arrived at the medical lab, the officer asked McNeely if he would consent to the blood test and McNeely refused. At this time, a blood test was taken from McNeely without his consent and without a warrant.

Soon after the arrest the state of Missouri filed charges against McNeely for driving while intoxicated. McNeely’s counsel filed a motion to suppress the blood alcohol results claiming they were the result of an illegal search and seizer and a violation of the defendant’s Fourth Amendment rights. The trial court found that the Fourth Amendment requires either exigent circumstances or a warrant to withdraw blood without consent of the subject. It found that since no danger or exigent circumstance was present, a warrant was required to draw blood. Accordingly, the trial court suppressed the results of the blood draw on McNeely.

On Appeal, the Missouri Court of Appeals disagreed and found that exigent circumstances are present in the case of an alleged DWI offender because of “the rapid dissipation of alcohol in the bloodstream.” However, on its own motion, the Court of Appeals transferred the case to the Missouri Supreme Court due to the general importance of the issue and the lack of case law created on the subject in this state.

The Supreme Court of Missouri will soon decide this issue and will either uphold existing law or create new law. Its decision will have a monumental affect on Missouri drivers pulled over for driving while intoxicated. Currently, Missouri drivers can either submit to a breathalyzer or refuse to submit. The Supreme Court's decision can eliminate this choice for Missouri drivers.
 

St. Louis County Promises Increased DWI Enforcement During Summer Holidays

On June 16, 2011, the St. Louis County Police Department issued a press release promising increased DWI enforcement during the summer months, including the weekend of the 4th of July. Chief Fitch indicated that DWI enforcement is an important effective method to keeping St. Louis County roadways safe.

It is important for Missouri drivers to always use precaution if they plan on drinking alcohol. Designated drivers or the use of public transportation are safe alternatives to drinking and driving a vehicle. However, if you do find yourself charged with a DWI in St. Louis, it is important to remember that you have rights. Please visit our DWI page to learn more about what a DWI charge may mean to you.

At Henderson & Waterkotte, P.C., our experienced St. Louis DWI lawyers can help fight your DWI charge and save your license from a possible suspension. If you or loved one has been charged with a DWI, it is critical that you immediately seek the help of an experienced lawyer. In many cases, you only have fifteen days to act before your license is suspended. Call the lawyers of Henderson & Waterkotte, P.C. today to learn how the law applies to your specific situation.
 

Should I Just Pay My Missouri Traffic Ticket?

Many Missouri drivers who are issued a traffic citation often ask themselves the following question: Should I pay my traffic ticket or should I hire a lawyer? While it may seem easier to simply mail in the fine or show up to court and plead guilty to the traffic offense, it will have a very negative impact on your driving record. In Missouri, simply mailing in the fine constitutes a plea of guilty to the traffic offense and will result in points being assessed against your license.

When a police officer issues a citation in Missouri or Illinois, it will often be accompanied with an envelope and a fine schedule. This practice can often lead Missouri drivers to believe their only option is to send in the payment. Furthermore, many Missouri traffic citations may have “TVB” or “FCC” written on the court date portion of the citation. Again, this often leads drivers to believe that they do not have a court date and therefore their only option is to mail in the payment. It is vital to understand that no matter what the citation says on it, you have a right to an attorney.

Many Missouri drivers receive a discount from their auto insurer as a result of having no points on their driving record. Many drivers who receive this discount aren’t even aware of the discount until they pay their ticket without the assistance of a lawyer and their insurance rates are increased as a result of points being assessed against their license.

At Henderson & Waterkotte, P.C., our St. Louis traffic lawyers can assist you in getting your ticket amended to a non-moving violation such as illegal parking where no points are assessed against your license. In most cases, this can be done without ever appearing in court or our office. If you or someone you know has received a Missouri or Illinois traffic citation, call the St. Louis traffic lawyers of Henderson & Waterkotte, P.C.
 

Violation of a Protective Order in Missouri

If you have a Missouri protective order entered against you, a violation of that order may result in a criminal charge of a violation of a protective order. Most orders of protection prevent you from communicating, stalking, abusing, or even going near the individual who has an order of protective against you.

In Missouri, if a police officer has probable cause to believe a party, against whom a protective order has been entered and who has notice of such order entered, has committed an act in violation of the protective order, the officer can arrest the offending party even when the alleged violation did not occur in the officer’s presence.

Unfortunately, in Missouri, police officers often arrest alleged violators for protective order violations based solely on the word or complaint of the alleged victim. In many cases, an individual may be falsely accused by a disgruntled boyfriend or girlfriend, spouse, or child. Nevertheless, the accused can face serious consequences for violating a protective order.

A Missouri violation of a protective order charge is a Class A misdemeanor. If the accused has previously pled guilty to or been found guilty of violating a protective order, he or she will be subject to a felony charge.

It is imperative that if you or a loved one is facing a violation of a protective order charge, you seek out an experienced and aggressive St. Louis violation of a protective order lawyer. The lawyers at Henderson & Waterkotte, P.C. can help you mount an aggressive defense to minimize the impact of a protective order violation. We handle protective orders in the greater St. Louis area and Jefferson County. Call our office today to schedule a free consultation.
 
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