In other instances, mistaken identity can lead to charges that later may prove false. Or an accidental act may result in charges far more serious than justified.

Regardless, being arrested and charged with a violent crime is a traumatic, stressful experience. Given the stress, pressure and unfamiliarity of such a situation, it’s easy to make mistakes that can later lead to unjust or unnecessarily harsh punishment.

For those arrested and charged with a violent crime, focusing on three important points can make the difference between a normal life and one destroyed by the criminal justice system, freedom or incarceration and even life and death.

1) Find An Experienced Criminal Defense Attorney Immediately

Given the stress and pressure inherent with being arrested and interrogated by police, it’s not unusual for those facing an accusation of being involved in an assault or murder to make a mistake and possibly erroneously implicate themselves.

Remember, police are well-trained, highly experienced experts in interviewing suspects. They can easily take advantage of an extremely stressed or distraught suspect in their efforts to make a case.

It is absolutely crucial to politely decline to answer any questions from the police without the counsel of an attorney. A criminal defense attorney will have a clear, calm view of the situation – something that is necessary in the face of a police interrogation.

Having an attorney present during questioning may well prevent a suspect from implicating him or herself in the crime or from being tripped up by the police. Clear heads prevail in this situation, and it’s critical to recognize a criminal defense attorney will provide exactly that.

2) There Are Shades Of Gray

Nearly every law addressing violent crime recognizes mitigating factors, such as lack of intent or emotional overreactions to situations.

Statutes addressing murder, assault and other violent crimes include varying levels or degrees. Murder, for example, can range from manslaughter involving a careless or imprudent act leading to the death of a person all the way up to first-degree murder, which involves premeditation before an act causing the death of a person.

It is important to remember that an experienced criminal defense attorney can take the steps necessary to prevent a client from erroneously implicating him or herself in such a way as to be charged with – and perhaps convicted of – a more serious degree of that crime.

Working with an effective criminal defense attorney from the start is the key to getting charges reduced to the greatest extent possible.

3) Effective Criminal Defense Requires Teamwork

Information technology professionals frequently use the phrase “garbage in, garbage out” to explain how even the best systems are only as good as the information they collected and process.

The same concept holds true in situations involving violent crimes and the relationship between the accused and his or her attorney.

Providing a criminal defense attorney with all information as accurately as possible that he or she requests is of the utmost importance. Even the best criminal defense attorney’s work can be compromised if he or she is working with incorrect or incomplete information.

If an attorney asks for information, it’s relevant and vital to the defense of the accused. Period. Be honest with your attorney no matter what.

Don’t Face Criminal Charges Alone. Marler Law Partners Can Help.

Facing charges involving violent crime is a serious, often life-changing situation. Securing the counsel of a criminal defense attorney is an absolute must.

Marler Law Partners offer clients charged with violent offenses of every kind extensive experience: We have criminal defense attorneys who have also served as prosecutors, so we know the exact strategies the state will try and use against you.

Having experience on the prosecution side means Marler Law Partners has a first-hand, deep understanding of how prosecutors build and develop a case, and what tactics they may likely use in court.

The attorneys of Marler Law Partners also have significant experience in venues throughout southeastern Missouri and the greater metropolitan St. Louis area.

If you’ve been accused of a violent crime, don’t wait; contact Marler Law Partners today for a complimentary evaluation of your case.

The post Three Things You Must Remember When Charged With A Violent Crime appeared first on Marler Law Partners.

If this happens to you, you’ll almost certainly be stressed, somewhat confused and uncertain as to what to do.

After all, beyond the obvious safety considerations, a traffic stop after you’ve been drinking is a legal issue and chances are, you won’t have your attorney sitting next to you in the front seat.

So, how should you handle being pulled over after drinking in Missouri?

It’s Important to Remember that EVERYTHING Matters When You’re Pulled Over

As with any traffic stop or interaction with police, it’s crucial that you understand everything you do, don’t do, say or don’t say has a potential legal implication.

Remember, police cars are equipped with dashboard cameras, and many officers wear body cameras which record video and audio.

How you’re driving, how you pull over, what you say, how you act, your tone of voice – pretty much everything that happens during the stop – can end up helping an officer and a prosecuting attorney build a case against you.

Conversely, taking the right steps will help your attorney in the event that you’re eventually charged with driving under the influence.

All eyes and ears are on you. This should be your overarching thought in everything you do in any traffic stop, especially in one that takes place after you’ve had some drinks.

The Flashing Lights Just Came on; You’re Being Pulled Over

You’re getting pulled over. You’ve had a drink (or three) with dinner. Remember these steps:

Safety First

Signal, then find the first safe place to pull over and do so slowly, avoiding any erratic driving. Even the most sober driver can get rattled in this situation. Take a deep breath and be thoughtful. Traffic stops statistically are one of the most dangerous parts of the job for police officers, so crack the driver’s window, shut off your engine, turn on your dome light and put both hands on top of the steering wheel.

Be Polite

Remember, you’re likely on camera and how you interact with the officer may well end up being used against you in court. Plus, being rude of abrasive to a police officer usually doesn’t benefit you. Hand the officer your driver’s license and insurance card, but don’t hand him or her a bad attitude.

Admit Nothing

If or when the officer asks if you’ve been drinking or how many drinks you’ve had, do not answer. Any answer confirming you’ve had even one drink or been in a bar will give the officer more reason to continue questioning and investigating.

Field Sobriety Tests? Just Say No

What many people do not realize is that field sobriety tests are difficult for many to pass, even in their most sober state. Keep in mind, in addition to the tests – which involve various balanced-focused tasks – you’ll likely be performing the tasks on a dark roadside or sidewalk, with headlights or a flashlight in your eyes and often on an uneven surface. Politely decline the test, even if the officer asks more than once.

What About the Breathalyzer Test?

There are portable roadside breath tests and there are official breath tests administered at a police station. Taking the portable, roadside test can give results allowing an officer to arrest you. Refusing to take the portable breath test does not violate Missouri’s implied consent law, essentially meaning if you secure a driver’s license in the state of Missouri, you’re giving consent to be required to take a breathalyzer test.

Under Missouri law, refusing to take the test at the police station results in an automatic one-year suspension of your license. However, refusing this test also means there is less evidence against you.

Missouri Law allows you to fight the one-year suspension. Should you refuse, the officer will take your driver’s license and issue you a temporary 15-day license. It’s crucial that you contact an attorney in that 15-day period.

Should you take the test and are found to have been over the legal blood alcohol limit in Missouri, which is .08 percent for non-commercial drivers, you’ll need legal representation to limit the penalties you face and lessen the impact on your life. You should also expect some type of administrative alcohol suspension of your license.

Effective Missouri DWI Representation Is Key

Driving under the influence is a serious matter and can be a complex legal issue. Penalties can be life-altering. This is no time to go it alone without experienced legal representation.

The attorneys of Marler Law Partners have a long track record of successfully representing clients in all types of traffic violations, including DWI. If you’ve been charged with a DWI/DUI offense, contact us today for a complimentary consultation.

The post What To Do If You’re Pulled Over After Drinking in Missouri appeared first on Marler Law Partners.

While organizations such as Mothers Against Drunk Driving (MADD) along with state and local governments have campaigned for decades to raise awareness of the problem, roughly 1.5 million Americans are arrested and charged with DUI annually.

The consequences of driving under the influence can be devastating; three people in the U.S. are killed every two hours in alcohol-related accidents.

Obviously, the seriousness of impaired driving has become nearly universal in the United States.

A 1995 study by the National Highway Traffic Safety Administration (NHTSA) found that approximately one-third of those charged with of DUI were later arrested again for DUI.

After more than 15 years of awareness campaigns, public service announcements, and crackdowns by law enforcement, the reoffending rate for those charged with DUI had dropped to approximately 25 percent by 2011.

And according to the National Highway Traffic Safety Administration, drunk driving deaths in 2019 were at the lowest level since 1982.

So while the problem persists, significant progress has been made, especially with regard to repeat offenders.

Missouri DUI Penalties Are Severe

Still, many drivers who learned a valuable lesson after their first – and only DUI conviction – often face a lifetime of consequences extending well beyond those meted out by courts.

Drivers who have a DUI conviction on their record may face dramatically increased rates for automobile insurance.

Additionally, prospective employers may find a DUI on an applicant’s record as a red flag and elect to hire a similar candidate with a clean record.

This is especially common with positions requiring driving a work vehicle or a commercial driver’s license (CDL).

One DUI conviction can potentially have decades of career consequences.

Missouri DWI Expungement Offers A Fresh Start

Recognizing these issues, many states – including Missouri – have begun to offer expungement of DUI convictions to individuals who meet strict criteria.

This gives many first-time offenders who made a poor decision one night a second chance at a clean record.

The State of Missouri put into effect an expungement provision for specific DUI convictions on January 1, 2018.

While Missouri’s expungement law doesn’t make expungement available to everyone convicted of DUI, it does provide drivers who are statistically less likely to become repeat offenders an opportunity to remove a DUI conviction from their records.

Missouri Drivers Must Meet Specific Requirements For DWI Expungement

Missouri DWI expungement requires that a driver must have been convicted of DUI and not had the DUI charge reduced to a lesser offense as part of a plea agreement with prosecutors.

In addition, a driver must have gone a minimum of 10 years from the date of their DUI conviction (not arrest) without further alcohol- or drug-related arrests or convictions.

Statistics show those who have not had a repeat offense for a decade are highly unlikely to drive under the influence again.

Also, under the Missouri law, expungement of a DUI conviction is a one-time opportunity. Drivers may only have one such conviction expunged from their record.

Finally, anyone seeking expungement of a DUI or DWI conviction must apply to the court.

Courts are not required to grant expungement, even to applicants who meet the state’s criteria for expungement, so a court may choose to decline the expungement application.

Experienced Legal Counsel Matters

As expungement of a DUI conviction is not automatic, working with experienced legal counsel is key to a successful application for Missouri DUI expungement.

The attorneys of Marler Law Partners have significant experience helping expunge DUIs in St. Louis and southeast Missouri.

If you are interested in applying for expungement of a DUI conviction from your record, contact Marler Law Partners for a complimentary consultation.

The post DWI Expungement: Missouri Offers A Second Chance To DUI Offenders appeared first on Marler Law Partners.

Maybe you drank way more than you thought at your work party or you decided you weren’t going to drink and then, whoops – you’re now six egg nogs deep.

Maybe you were the designated driver and peer pressure got to you. What do you do in these scenarios?

Options To Avoid A Missouri DWI

Not only are you facing a fine or jail time, but a DWI can have serious effects on your driving privileges. Here are a few tips to avoiding hurting yourself or others this holiday season.

Get A Room!

If you are traveling for Thanksgiving, Christmas or the New Year, grab a hotel room or Airbnb nearby. Even if you are traveling 30 minutes down the road, make the trip a staycation if you plan on drinking.

Host the Get-Together

Hosting a party with your germ pod may be the last obstacle you want to face this year, but it is still a better option than driving while intoxicated. Instead of traveling this season, have your family or friends come to you. This way, you can be in control of drinking and taking people’s keys if they shouldn’t be driving either.

Uber/Lyft

The most realistic option for the holidays if you live in a well-populated area is taking an Uber or Lyft home. Paying $10 to $20 to get home safely is way cheaper than paying thousands of dollars in fines for a DUI/DWI or lifetime of regret because you hurt yourself or someone else.

Get A Sober Driver

Black-out Wednesday and New Year’s Eve are holidays you may not be spending with your family. If you traveled home this holiday season, call your mom or dad or friend or brother to pick you up. Yes, it sounds like the last thing you might want to do but guaranteed your parents or someone out there cares enough about you to come pick you up – even if they are half awake and annoyed with you.

Hold Off On Drinking

Although the holiday season is all about celebrating, eating a lot of food and gathering with friends and family, it might be best to hold off any gatherings this year. With the increased spread of COVID-19, it might be best to save yourself from the risk of contracting the virus and a DUI/DWI at the same time this year.

Missouri DWI / DUI Defense Attorney

If you decide to drink and drive this season and get a DUI/DWI, it is best to consult with a lawyer as soon as you can. There are many circumstances in which you can obtain a DUI/DWI and multiple other charges.

An attorney can look over your arrest report, charges and evidence to guide you in court. There may be circumstances where you pay the fine, have a probation period, but do not have the DUI/DWI on your record.

However, other times you can lose your license or see a huge increase in insurance rates. Consult a lawyer before you simply accept the charges against you.

If you are in Missouri and need a lawyer for a DUI/DWI or traffic-related fine this holiday season, contact the attorneys at Marler Law Partners for a free consultation.

The post Avoiding A Missouri DWI / DUI This Holiday Season appeared first on Marler Law Partners.

Facing criminal charges is very stressful, and with so much hanging in the balance, the last thing you want is an ill-equipped lawyer.

At Marler Law Partners, our experienced legal team takes pride in providing top-notch representation for our criminal defense clients in Farmington and St. Louis.

Here are a few things to keep in mind if you ever find yourself facing criminal charges.

Find A Criminal Defense Attorneys With Experience

You want to make sure your criminal defense attorney has plenty of experience. Oftentimes, it’s helpful to find a defense attorney that has also had experience on the other side – prosecuting criminals.

They will know how to negotiate with prosecutors, understand the tactics the prosecutors will likely use and may even have a professional relationship with many judges and prosecutors.

Understanding both sides of criminal law will help your defense attorney build a stronger case.

Read Criminal Defense Attorney Reviews

Most reputable lawyers will have online profiles with reviews readily available.

First, look on the firm’s website to see if they have reviews specific to your particular case. Then check other directories like Google My Business, Yelp, AVVO or Justia.

Criminal Defense Success Rate

Although an attorney’s success rate isn’t readily available online like athletes, you can inquire about the attorney’s experience in your initial consult.

Ask what their experience has been trying cases like yours. How many times were they able to get their client off on all charges? How many times did they settle?

You shouldn’t always select the first attorney you contact, and with many attorneys offering free consultations, you can “shop around” until you find a lawyer that has the right expertise and personality fit.

The post What To Look For In A Criminal Defense Attorney appeared first on Marler Law Partners.

The person charged risks penalties and consequences that can follow them for years to come including jail time, a criminal record and the loss of certain job opportunities, among many others.

If you are facing criminal charges, it’s critical to seek out the advice and counsel of an experienced criminal defense attorney to help guide you through your options.

What To Look For When Hiring A Criminal Defense Lawyer

Criminal defense attorneys handle a lot of different types of criminal cases. This can include felonies, misdemeanors, drug charges, and many other local, state or federal crimes.

When looking for a criminal defense attorney, you’ll want to consider the following:

• Find a criminal defense attorney who has experience with your type of case
• Find a local attorney who practices in the jurisdiction you are being charged in
• Make sure you have a personal fit with the attorney since they will be representing YOU in any negotiations, pretrial and trial proceedings

Why An Experienced Criminal Defense Attorney Matters

Take into consideration the type of case you have. You will want to find an attorney with extensive experience representing defendants charged with the same or very similar crimes.

There are many different types of criminal offenses that an attorney can specialize in: An attorney could have more experience in white collar crimes, such as fraud or they may focus solely on drug-related offenses.

In order to learn if your attorney is a best fit for your case, you should consider the following:

• Ask Questions During Your Consult: Ask if they have represented people who have had your same charges. Ask if they have experience in the court your case is assigned to.
• Past Experience: Ask where else they have worked. Many private lawyers have years of criminal law experience as either a prosecutor or a public defender. This would also give you good insights into the courts they are most familiar with, as well as the variety of cases they may have tried.
• Look Online: Research online reviews or news coverage of their past cases.

The Local Advantage

It’s important that any criminal defense attorney you choose to retain has experience trying cases in the courthouse where the case is assigned.

Having the “home-court advantage” can make a big difference. For example, knowing if the local prosecuting attorney is likely to strike a plea bargain with certain types of offenses can make the difference in what your attorney recommends.

A local attorney is also going to have experience working with local police, investigators and others who may be involved in your case.

Is It A Personal Fit?

The lawyer that you ultimately choose will be speaking on your behalf. No matter how highly recommended an attorney may be, it’s important that you feel personally comfortable with them representing you.

Your relationship with your attorney should be a partnership where you can trust each other in the difficult decision-making processes.

Here are some questions you can ask yourself after your first consultation with the attorney:

• Does the attorney explain things in a way that I can understand?
• Is the attorney someone I can trust and speak openly with?
• Does the lawyer show personal concern and a genuine desire to help?
• Does the lawyer appear to be a person who will be trusted by the prosecutors, judges, and, if necessary, jurors?

If you are in need of a criminal defense attorney, call Marler Law Partners today to schedule a consultation.

The post Criminal Charges: How to Find the Right Defense Attorney and Support appeared first on Marler Law Partners.