The American criminal justice system is diverse enough to accommodate alternatives to jail and prison. An alternative to jail and prison is any kind of punishment, other than imprisonment, given to the perpetrator of a crime. As the average American might be aware, not every crime will result in jail time. For instance, when caught speeding, you will not necessarily go to jail. Therefore, our legal system does have room for imprisonment alternative punishments.

The law recognizes that harsh and stringent penalties are very often not the best way to deal with crime. Since our criminal justice system is focused on rehabilitating perpetrators as opposed to simply punishing them, there are alternatives to imprisonment recognized by the law. If an individual is convicted of a crime, he can be sentenced to jail; however, this approach does not always work when it comes to reducing future crime or keeping the community safe. And that is where alternatives to imprisonment come in. Such alternatives are known by various names, like alternative sanctions, deferred adjudication, etc. No matter the name, the goal of any such alternative is the same, to not imprison the defendant but to provide him with counseling, education, or treatment so he can be rehabilitated.

What are the alternatives to imprisonment?

Such alternatives can consist of treatment programs, diversion programs, or deferred prosecution. Treatment/Diversion programs seek to divert the defendant away from the criminal justice system by “treating” the defendant to the point where he is rehabilitated to become a functioning and productive member of society. Generally speaking, non-violent drug or alcohol offenses for first-time offenders may be eligible for such programs. Therefore, if you have committed such a crime, then your lawyer should make a case for an alternative to imprisonment.

The judge and the prosecutor on the case will generally make the determination on whether a defendant is eligible to participate in a Treatment/Diversion program. If a defendant is deemed to be eligible, then the judge will explain the program to the defendant, as well as go over the requirements for completing the program and the consequences if the defendant fails to complete the program. Ultimately, the decision of whether to participate in the program rests on the defendant. If the defendant decides to participate in the program, the court may condition such participation on the defendant pleading guilty to the crime and then commencing the program. Usually, if the defendant then successfully completes the program, the court will simply dismiss the case, thereby preventing the formation of a criminal record for the defendant. Failure to complete the program, however, could result in the defendant facing jail time.

Another alternative recognized by Missouri law is that of home arrest or confinement, where the defendant is confined to his home instead of prison. Community Service is another alternative recognized by Missouri, wherein the defendants are assigned to non-profit or tax-supported agencies to perform work for the public’s needs. This work is performed as an alternative to imprisonment and has thus far resulted in nearly $3 million in free labor and services for the state of Missouri. Some of these programs might not be complete alternatives to imprisonment but are enacted concurrently with serving prison time. One example of such a program is the restorative justice program. As part of the restorative justice program, for instance, defendants might be able to volunteer at a farm to give back to the community whom they have harmed through their actions. Another form of a restorative justice program could be defendants taking classes where they learn about the impact of their actions on victims and the community at large.

Contact experienced attorneys if you have any questions

If you have any questions about the criminal justice system or are facing your own criminal defense case, then reach out to the attorneys of Marler Law Partners today. Depending on your situation and the facts of your case, a punishment alternative to imprisonment might be available to you. Do not hesitate and contact us today for a free consultation.

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 There is hardly anyone in the United States who has not heard about the reversal of the landmark 1973 Supreme Court decision rendered in Roe v. Wade. The same court, albeit with different judges, proclaimed in 1973 that the United States Constitution grants the right to abortion, has reversed itself. In the recent court case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court overturned Roe v. Wade. However, it is important to note that this 2022 decision does not say that abortion is now illegal. Instead, it says that abortion is not a protected right as far as the United State Constitution is concerned. This decision lets the states decide and rule on the legal status of abortions. Therefore, a state can choose whether to designate abortion as legal or illegal, as many states do.

Will same-sex marriage rights be overturned?

Now the next question is what effect will the overturning of Roe v. Wade have on other rights, for instance, same-sex marriage? In the 2015 landmark decision of Obergefell v. Hodges, the Supreme Court ruled that, per the U.S. Constitution, the right to marriage is a fundamental right, whether it be same-sex or opposite-sex marriage. This meant that any state, or for that matter, federal legislation prohibiting same-sex marriage is illegal. Therefore, this decision legalized same-sex marriage throughout the Union. What is interesting to note is that the Supreme Court upheld both the right to abortion and the right to same-sex marriage under the due process clause of the 14th Amendment of the US Constitution, which protects against deprivation of the right to life, liberty, and property.

Now that the Supreme Court has ruled that the 14th amendment does not protect the right to abortion, the right to same-sex marriage could also lose its status. In other words, in the future, the Supreme Court could rule that same-sex marriage, like abortion, is not a constitutionally protected right. This is exactly what Supreme Court Justice Clarence Thomas insinuated in his opinion in Dobbs v. Jackson Women’s Health Organization, wherein he stated that he would like to reexamine whether other rights granted through the 14th amendment have been done legitimately.

Therefore, there is a known cause of concern here. With that being said, however, nothing is guaranteeing that one day the Supreme Court will rule that there is no right to same-sex marriage in the U.S. Constitution or vice versa, for that matter. Therefore, there is no need to panic now; if you are concerned, you should be vigilant about the Supreme Court and related news. Only time will tell what sort of tangible effect the overturning of Roe v. Wade will have on same-sex marriage rights. If you are in a same-sex marriage, perhaps now would be a good time to contact qualified attorneys to discuss your rights and options if, one day, the Supreme Court were to overturn same-sex marriage rights.

Contact experienced attorneys today.

If you are concerned about Roe v. Wade’s overturn on the right to same-sex marriage, contact the attorneys at Marler Law Partners. Call us today for a free consultation.

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The recent reversal of Roe v. Wade has ripple effects throughout the world of law and beyond. Whenever any right is taken away, there is a possibility that any similarly protected rights could be taken away as well. For those who might not be too familiar, in 1973, the Supreme Court issued a decision in the case of Roe v. Wade, wherein it declared that the United States Constitution grants the right to abortion. This meant that any law prohibiting abortion was unconstitutional and therefore illegal.

The Supreme Court has recently reversed the decision rendered in Roe v. Wade. In the 2022 case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court stated that abortion is not a right protected by the U.S. Constitution. What this means on the ground is that a state can decide whether to designate abortion as legal or illegal, as many states are doing. A natural concern is what effect the overturning of abortion rights will have on other similarly situated rights like access to contraception, same-sex marriage, etc. These other similarly situated rights, like the right to same-sex marriage, have all been upheld by the Supreme Court under the 14th amendment’s due process clause. However, the Supreme Court has now stated that the 14th amendment does not grant any right to abortion. Therefore, there is a danger that other rights, like same-sex marriage, which were previously given through the 14th amendment, could also risk losing their constitutional status.

Effect of Roe v. Wade being overturned on second parent adoption

Therefore, a valid question on the mind of many is what sort of impact will this have on second-parent adoption? To try and answer that question, we first need to understand what second-parent adoption is. Second parent adoption is a procedure under which a same-sex partner can legally adopt his partner’s biological or adoptive child even if they don’t have a legally recognized partnership. Second-parent adoption is not a constitutionally protected right but is governed by the states as they deem fit.

Not all states enable second-parent adoption for couples who are not legally married or not in a legally recognized domestic partnership. So, in the future, if same-sex marriage is not deemed a constitutionally protected right, allowing states to designate it as illegal, then second-parent adoption might no longer be viable for same-sex couples. This will most likely be the case for states which don’t allow second-parent adoption for unmarried couples or couples not deemed to be in domestic partnerships. Hypothetically, in a state which does not allow a second parent adoption for unmarried couples and same-sex marriage is prohibited, a same-sex couple will not be allowed to undergo a second parent adoption.

If you have already or are contemplating undertaking a second-parent adoption, now would be a good time to contact qualified attorneys to discuss your rights and options if, one day, a future Supreme Court decision could impact your situation.

Contact experienced attorneys today.

If you are concerned about the effect Roe v. Wade being overturned will have on your rights, then reach out to the attorneys at Marler Law Partners. Call us today for a free consultation.

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CLIENT GUIDELINES – ST. LOUIS/CHESTERFIELD OFFICE

• Our office will be open by appointment only beginning Tuesday, May 26, 2020.
• Virtual appointments through Zoom or by conference call are available and the preferred way for client meetings to occur.
• In-person meetings are by appointment only. If you arrive prior to your appointment time, please do not enter the building until your appointment time.
• Clients must wear a mask at all times upon entering the office. If you have your own mask, please bring it.
• Clients must be asymptomatic (having no symptoms) for the Corona Virus/COVID-19.
• Clients must not have been around anyone with symptoms of the Corona Virus/COVID-19 for two (2) weeks.
• Clients must be alone at the time of their appointment.
• There will not be any amenities that we normally provide, such as drinks.
• Hand sanitizer will be at the front door and every client must use it upon entry to the office.
• Restrooms in these offices are public restrooms maintained by the building owner and not by Marler Law Partners, we recommend only using the restroom on an emergency basis, as your use is at your own risk.
• Your entry into our office is at your own risk and by entering the office you agree you have read the above terms, approve of the safety measures we are taking and waive any and all responsibilities of Marler Law Partners or any of its personnel for any illness related to the Corona Virus/COVID-19.

CLIENT GUIDELINES – FARMINGTON OFFICE

• Our office will resume normal business hours beginning Tuesday, May 26, 2020.
• Virtual appointments through Zoom or by conference call are available and the preferred way for client meetings to occur.
• In-person meetings are by appointment only. If you arrive prior to your appointment time, please do not enter the building until your appointment time.
• We strongly encourage clients to wear a mask at all times upon entering the office. If you have your own mask, please bring it.
• Clients must be asymptomatic (having no symptoms) for the Corona Virus/COVID-19.
• Clients must not have been around anyone with symptoms of the Corona Virus/COVID-19 for two (2) weeks.
• Clients must be alone at the time of their appointment.
• There will not be any amenities that we normally provide, such as drinks.
• Hand sanitizer will be at the front door and every client must use it upon entry to the office.
• Please only use the restroom in case of emergency. If you need to use the restroom, please notify the employee you are meeting as they will take extra precautions to sanitize the restroom after each use.
• Your entry into our office is at your own risk and by entering the office you agree you have read the above terms, approve of the safety measures we are taking and waive any and all responsibilities of Marler Law Partners or any of its personnel for any illness related to the Corona Virus/COVID-19.

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